Few attorneys in Texas have heard the words “not guilty” from a jury after defending their client on the charge of murder. We have. In fact, you would be hard-pressed to find anyone in Texas who has handled more murder and capital murder cases.
What is Murder in Texas?
Murder generally means that the accused is charged with intentionally or knowingly killing another person. The definition for murder in Texas is broader than that, and it includes deaths that were caused unintentionally, where the accused acted with the intent to cause serious bodily injury and committed an act that was clearly dangerous to the life of another. Murder can also be charged against a person who is committing a felony commits an act that is clearly dangerous to human life and causes a death.
What is the punishment range for Murder?
Murder is a first degree felony in Texas, so the punishment range is 5-99 years or life in prison.
The Sudden Passion Defense in Texas
One affirmative defense to murder is the defense of sudden passion. However, sudden passion is not a complete defense. If the defense proves by a preponderance of the evidence that the death was a result of sudden passion, then the offense is a second degree felony.
Sec. 19.02. MURDER
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
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(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
All of our senior attorneys are former state and federal prosecutors who have tried cases involving deaths in front of juries in Texas. An important factor in determining who you should have represent you is the experience they bring to the table. Few firms in the state have over 550 jury trials and thousands of criminal cases worth of experience. Few have the experience handling high-profile cases and managing the public’s opinion about their case. If you or a loved one has been charged with a serious or violent offense, call us at (817) 203-2220.
Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:
- Discuss the facts of your case;
- Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
- Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.
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Review by a Client
By: A. Jones
Title: Murder: Not Guilty
I was arrested for murder on March, 27, 2014 I received a court-appointed attorney whose name I won’t discuss. She was no good for me never made communication or put forth the effort to help me. Then a blessing came I received Joetta Keene and Christie Jack. Two of the best lawyers I’ve ever witnessed. They are amazing watching them work left me in awe. I would not want to be on the wrong end of an argument with these ladies. Christie is so soft spoken, but the woman sure can make people tremble in their seat. I was nervous for the opposition. She grilled them good. As far as communication goes this woman did more for me in 2 months than my previous Lawyer did in 2 years this speaks volumes to her work ethic. She prepared for a murder trial at such a short notice. When we got the not guilty verdict. It was the right verdict but it was a well-deserved win for this nice lady. Very compassionate, I will forever recommend Mrs. Jack to anyone with legal troubles. One of the best in Texas. No Mrs. Jack was the blessing I needed and as a court-appointed attorney she did high class work. I’m forever grateful.