Home/Practice Areas/Criminal Defense/Homicide

Homicide

These cases are decided by investigation, forensic detail and the sequence of events — not by how the charge sounds when it is read out.

Criminal Defense

The State has had a head start. The defence has to close it.

By the time someone is charged, investigators have had the scene, the witnesses and the physical evidence for weeks or months. An adequate defence means an independent investigation: re-interviewing witnesses whose statements were taken in the first chaotic hours, obtaining the surveillance the police did not collect, and retaining pathology, ballistics, digital forensics and reconstruction experts to examine conclusions rather than accept them.

The charge names matter

  • Murder — intentionally or knowingly causing death, or an act clearly dangerous to human life; a first-degree felony, with a sudden passion issue at punishment that can reduce the range.
  • Capital murder — murder with an aggravating circumstance, carrying life without parole or the death penalty.
  • Manslaughter — recklessly causing death; a second-degree felony.
  • Criminally negligent homicide — a state jail felony, and often the correct charge in cases originally filed higher.
  • Intoxication manslaughter — a distinct offence with its own proof problems and its own sentencing consequences.

Self-defence in Texas

Texas law recognises the use of force, including deadly force, in defined circumstances — with no general duty to retreat where a person has a right to be and is not engaged in criminal activity. Whether that applies depends entirely on the facts: the threat as it reasonably appeared at the moment, what was said, where everyone was standing, and what the physical evidence shows about distance and sequence. Presenting it is a matter of proof, and it starts long before trial.

What is at stake at punishment

Even where the verdict is not in doubt, the punishment range in these cases is enormous, and the difference between the low end and the high end is made by mitigation work: history, mental health, the circumstances that produced the event, and what a jury or judge is given to weigh. That work is done in parallel with the defence on the merits, not after it fails.

What to do right now

Common questions

What is the difference between murder and manslaughter?

The mental state. Murder involves intentional or knowing conduct, or an act clearly dangerous to human life; manslaughter involves recklessness. Negligent homicide is lower still.

The police say they only want my side of the story.

They are permitted to say that. Nothing said in that interview will prevent a charge, and it will be used word by word at trial.

It was self-defence. Should I explain that to the detective?

Not without counsel. Self-defence is a legal claim built on evidence, and an unprepared account hours after a traumatic event just supplies inconsistencies.

Does Texas require you to retreat before using force?

Texas recognises the use of force in defined circumstances without a general duty to retreat where a person has a right to be and is not engaged in criminal activity. Whether it applies is entirely fact-dependent.

Can bond be set in a homicide case?

Usually, though the amounts and conditions are heavy. A bond hearing is an early opportunity to put facts before a judge and should be prepared for.

Why does an independent investigation matter?

Because by the time charges are filed the State has had the scene, the witnesses and the physical evidence for months. Closing that gap is the defence.

What experts are used in these cases?

Pathology, ballistics, digital forensics and reconstruction, depending on the facts — to examine the State's conclusions rather than accept them.

What is mitigation and why does it matter?

The history and circumstances presented at punishment. In cases with enormous sentencing ranges, it is frequently what separates the low end from the high end.

Will there also be a civil case?

Often. A family may bring a wrongful death claim, and what is said in the criminal case can be used in it, so the two need coordinating.

How soon should a family call a lawyer?

Before any interview happens. Pre-charge representation is the most valuable stage in these cases and it closes quickly.

Free Consultation

Tell us what happened. We will tell you where you stand.

Available 24/7 · Office hours Monday to Friday, 9:00 AM – 5:00 PM