Austin Homicide Attorney
Austin Criminal Defense | Homicide Lawyer | ATX Legal
No criminal charge is more serious than homicide. It means that someone has lost their life. But there are many shades of gray that most people do not account for when it comes to these serious offenses.
If you or your family member are facing murder or manslaughter criminal charges in Austin, TX, you need a skilled criminal defense attorney by your side. At ATX Legal, we can help you and your family navigate the criminal justice system during this incredibly difficult time. Your law firm can make the difference in your case when your life is on the line. Call us or fill out a contact form for a free consultation with an Austin criminal defense lawyer.
What’s the Difference Between Homicide, Murder, and Manslaughter
In the realm of criminal law, “homicide” is a broad term that refers to any situation where one person causes the death of another. Murder and manslaughter are both types of homicide, differentiated by the state of mind of the person who commits the act. Murder involves the intentional killing of another person, while manslaughter involves causing death through reckless behavior or negligence.
Types of Murder Charges in Texas
In Texas, murder charges are categorized into degrees: first degree murder and second degree murder. The key differences and punishment ranges are discussed below.
Punishment Ranges for Murder Charges in Texas
The penalties for murder can be quite severe. The range of punishment is determined by the degree of the murder charge.
First Degree Murder: This is the most serious form of murder charge in Texas. A criminal conviction can mean life imprisonment or a term of 5 to 99 years in state prison, and a potential fine of up to $10,000.
Second Degree Murder: Though less severe than first-degree, a conviction of second-degree murder can still lead to a hefty sentence. The punishment can range from 2 to 20 years in a state prison, and may also include a fine of up to $10,000.
It’s important to remember that these ranges can change based on circumstances surrounding the case, such as the existence of aggravating factors or prior criminal record. Austin criminal defense lawyer can walk you through the factors in your specific case and help you handle a daunting court system.
First Degree Murder
First degree murder involves premeditated killing. It’s considered a first degree felony and could lead to severe consequences including a life sentence or even the death penalty.
Premeditated means that the defendant had a clear intention to end a human life. This intention is often referred to as ‘malice aforethought’. The key element that distinguishes first-degree murder from other forms of homicide is this premeditation or deliberate planning.
Premeditation doesn’t necessarily mean that the murder was planned days or weeks ahead of time. Even a decision that’s made in the heat of the moment, if it involves the conscious decision to take a life, can constitute premeditation.
In addition to premeditation, certain types of killings automatically fall into the first-degree category. These include murders committed during the course of a dangerous felony (a concept known as Felony Murder), murders involving special victims like law enforcement officers, and murders that are particularly heinous or cruel in nature.
Remember, the laws and definitions can vary from state to state, so it’s essential to consult with an experienced criminal defense lawyer when dealing with charges of first-degree murder.
Second Degree Murder
Second degree murder, unlike first degree, doesn’t involve premeditation. However, it still involves intentional killing and is treated as a serious criminal offense. It is sometimes referred to as a “heat of the moment” killing.
When discussing the “heat of the moment” concept in the context of second degree murder, this typically refers to situations where the individual did not have an initial intent to kill, but due to immediate emotional distress or provocation, reacts violently leading to the death of another. This lack of premeditation separates it from first degree (or “capital”) murder in Texas, where deliberation and intent play a key role.
In such “heat of the moment” situations, if the person is not able to successfully argue for a “sudden passion” defense (which could potentially reduce their charge to manslaughter), they would likely face a second-degree murder charge, punishable by a prison term of 2 to 20 years under Texas law. Always consult with knowledgable criminal defense lawyers to understand the intricacies of the law as it applies to specific circumstances.
Manslaughter Charges in Texas
Under the Texas Penal Code (Section 19.04), manslaughter is defined as an unlawful killing that is committed recklessly, that is, without premeditation or intent. This differs from murder in that the individual did not intend to cause death, but their reckless behavior led to the death of another person.
Manslaughter is a second-degree felony, punishable by a prison term of 2 to 20 years and a fine not exceeding $10,000. It is vital to consult with experienced criminal defense attorneys when facing such serious charges.
Recklessly Causing Death
Recklessly causing death involves causing a death through reckless actions that demonstrate a disregard for human life.
An example of recklessly causing death could be a situation where a person decides to discharge a firearm in a populated area, not with an intent to kill, but as an act of reckless disregard for the safety of others. If a stray bullet were to cause the death of someone, this could be classified as recklessly causing death.
Another instance might be when an individual, knowing the potential harm, operates heavy machinery while under the influence of alcohol or drugs. If their impaired state leads to an accident resulting in someone’s death, this could also be considered recklessly causing death.
These examples, while illustrative, are just two of many potential scenarios. The specifics of each case and the interpretation of the law can vary widely, so it’s crucial to seek expert legal advice if faced with a criminal case of this nature.
Vehicular Manslaughter
Vehicular manslaughter involves causing a death while operating a vehicle in a reckless manner. Most commonly, this includes drunk driving and other DWI-related offenses.
Beyond instances of drunk driving, several other forms of reckless driving can also lead to vehicular manslaughter charges in Texas. For instance, engaging in street racing can be considered a reckless act. Street racing involves two or more vehicles competing in a spontaneous or prearranged race on public roads. This act can result in high-speed accidents, often with fatal consequences.
Additionally, reckless driving that disregards traffic laws or endangers the safety of people and property might also lead to vehicular manslaughter charges. This can include excessively speeding, illegal overtaking, or even ignoring traffic signals and signs. It’s worth noting that vehicular manslaughter charges might also stem from driving without due care and attention, such as using a cellphone while driving or driving while fatigued.
In all these instances, the key element necessary for a vehicular manslaughter charge is establishing that the driver’s actions were reckless or negligent, resulting in a death. However, it’s important to remember that every case is unique, and how the law applies can vary based on specific circumstances. Therefore, individuals in such situations should seek out the best criminal defense lawyers.
Criminally Negligent Homicide
Criminally negligent homicide is a charge that’s brought when a person dies through gross negligence, or failing to do something that any reasonable person would do.
For instance, a scenario that could lead to a charge of criminally negligent homicide might be a building contractor who consciously decides to use substandard materials for a housing project to cut costs, leading to the collapse of a building and resulting in deaths.
Another example could be a dog owner who is aware that their dog is dangerous and has previously attacked people, but fails to secure the dog properly. If the dog escapes and kills someone, the owner could potentially be charged with criminally negligent homicide.
In both these examples, the individuals showed gross negligence by failing to take precautions that any reasonable person would have taken in the same situation. Their decisions directly led to the loss of life, making them criminally responsible for the deaths. Legal outcomes can vary greatly depending on the specifics of each case, so it’s crucial to consult with knowledgeable homicide defense attorneys if facing criminal charges.
What Is Capital Murder?
Capital Murder, as defined by the Texas Penal Code Section 19.03, is a form of homicide that includes specific circumstances which enhance the severity of the crime. These circumstances can include murder committed during the course of committing another felony (like robbery or kidnapping), murdering a peace officer or fireman, committing murder for remuneration (a “murder-for-hire”), or murdering more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct.
This charge is considered the most serious homicide charge in Texas, and it carries the most severe penalties. If an individual is convicted of capital murder, they could face life imprisonment without the possibility of parole or even a death sentence.
The Texas Penal Code mandates these harsh consequences due to the gravity and heinous nature of the crime. However, the legal defenses to a capital murder charge can be complex and require a deep understanding of the law. Therefore, if facing a capital murder charge, it is of utmost importance to seek the advice of a seasoned attorney who specializes in such cases.
How Can I Qualify for Bond in a Homicide Case?
Bond is not likely in all cases, but sometimes possible, depending on the circumstances of the homicide case. Your eligibility for bond in a homicide case depends on various factors, including the nature of the charges, your criminal record, and your ties to the community.
Each case is going to be completely unique, so general advice is not helpful here. Experienced criminal defense attorney Rob Chesnutt can help you navigate this process.
Potential Defense Strategies for Murder Charges
All criminal cases are unique and defense strategies, but can include self-defense, proving that the prosecution’s argument is based on unreliable evidence, or demonstrating that your rights were violated during the arrest process. A good homicide defense lawyer will consider all the evidence and be flexible with their strategy.
Other potential defense strategies include asserting an alibi, which means providing evidence that you were somewhere else when the crime happened, thus making it impossible for you to have committed the murder. Insanity defense is another strategy, where you admit to the act but claim that you were not in the right state of mind to understand what you were doing or distinguish right from wrong.
Having a good relationship with skilled defense lawyers will allow you to be candid about the events. Together, you can decide whether self-defense or some other strategy is likely to be the most effective, given the circumstances.
FAQs about Homicide Charges in Texas
What is voluntary manslaughter?
Voluntary manslaughter is a concept that exists in some states, but Texas law does not formally recognize it. In many jurisdictions, it is defined as a killing that occurs in the “heat of passion” in response to adequate provocation.
However, in Texas, such scenarios are typically prosecuted under the broader category of murder or as a form of homicide under specific circumstances. It’s vitally important that anyone facing these charges consult with a knowledgeable and experienced criminal defense attorney to ensure their rights are fully protected.
Are people ever falsely convicted of homicide?
Yes, there are instances where people have been falsely convicted of homicide due to errors in the legal system, false testimony, or inadequate legal representation. And these are just the ones we know about. How many innocent people are still in jail?
The Michael Morton case in Williamson County is a poignant example of a false conviction for homicide which led to a sweeping change in criminal discovery in Texas. In 1987, Morton was sentenced to life in prison for murdering his wife, a crime he did not commit.
It wasn’t until 2011, nearly 25 years later, that Morton was exonerated due to newly uncovered DNA evidence, revealing the real perpetrator of the crime. This case shines a spotlight on the tragic potential for miscarriages of justice within the legal system, reinforcing the importance of excellent criminal defense attorneys and the necessity for rigorous legal representation.
Is it possible for me or my loved one to bond out while waiting for trial?
Sometimes yes, but it depends on a variety of factors including the nature of the charges and the defendant’s criminal history.
Plea Bargaining in Homicide Cases
Plea bargaining is a critical component of the criminal justice system, including in homicide cases. It involves negotiation between the criminal defense lawyers and the prosecution, where the defendant agrees to plead guilty to a lesser charge, or to one of multiple charges, in exchange for a more lenient sentence or the dismissal of other charges. In some circumstances, defense lawyers can even get felony charges dismissed through plea bargaining.
This process can significantly expedite case resolution, but, it’s important to remember that plea bargaining in homicide cases is complex and can carry severe implications. Therefore, it’s crucial to be guided by an experienced attorney who can navigate the intricacies of the plea bargaining process and protect the defendant’s rights.
How Can an Austin, Tx Criminal Defense Attorney Help?
A criminal defense attorney from our law firm can help you understand your legal rights, guide you through the court dates, and work towards securing the most favorable outcome for your case.
At ATX Legal, we are well-versed in practicing criminal law in Central Texas. We can guide you through your legal options, whether the best defense is trial, a plea deal, or something in-between.
Contact ATX Legal Today for a Free Consultation
Whether you are facing criminal charges for homicide, drug crimes, or even if you simply need DWI defense in or around Travis County, don’t go it alone. Texas criminal defense lawyer Rob Chesnutt has been helping Central Texas and Austin clients since 2014.
Out law office offers a free initial consultation for all criminal defense cases. To request your free consultation with Austin criminal defense firm ATX Legal, fill out a contact form, or text “consult” to 512-677-5003. Let us help you navigate the complexities of the criminal justice system and work towards achieving the best possible outcome for your case.