If you or someone close to you is arrested and charged with Murder, it is imperative that you secure the best defense attorney possible. Capital Murder in Texas carries the death penalty. You will need a defense lawyer with strong courtroom experience and knowledge of the system who also has the right investigative team to assist with your case.
It is the responsibility of the prosecution to make its case and prove that someone is guilty of capital murder. “If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.” Your attorney has sworn an oath to deliver the highest quality defense and to do everything within legal bounds to protect your rights and to find grounds for that reasonable doubt.
Texas Penal Code – Section 19.03. Capital Murder – A person will be charged with Capital Murder under the following circumstances.
1. Killing a person known to be police officer or fireman while he is acting in the line of duty.
2. Murdering someone in the course of committing or trying to commit a felony, including kidnapping, burglary, robbery, aggravated sexual assault (rape), arson, obstruction or retaliation or terroristic threat.
3. Murder for hire. Both the hit man and “employer” can be charged.
4. Committing homicide when escaping or attempting to escape from jail or prison.
5. Killing a prison guard or another inmate if already incarcerated for murder, aggravated assault, aggravated robbery or murder of a child or is sentenced to life.
6. Causing the death of a child under six (6) years of age.
7. Murders more than one person in the course of committing the same crime or series of related crimes.
8. Retaliatory murder of court personnel, including judges and district attorneys, involved in another action.
Sec. 19.02. Murder is causing the death of an individual under any of the following circumstances:
* By intentionally or knowingly causing the death of an individual
* By intending to cause serious bodily injury and committing an act that clearly dangerous to human life that causes the death of an individual
* By committing or attempting 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
Murder is subcategorized by degree of seriousness. If the defendant commits any of the above acts, he or she will be charged with murder. At the sentencing stage of the trial, if the defendant is able to prove he or she committed the murder while immediately influenced by sudden passion, and that the passion arose from an adequate cause, the defendant may be sentenced for murder of the second degree. “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed which passion arises at the time of the offense and is not solely the result of former provocation. Otherwise, the sentence is for premeditated murder of the first degree.
Sec. 19.04 Manslaughter is defined as recklessly causing the death of a person. Manslaughter is a felony of the second degree. There can be both voluntary manslaughter, where there was prior intention to cause harm or death to the victim and involuntary manslaughter when the victim is killed by another during the commission of a criminal act.
Sec 19.05 Criminally negligent homicide is a state jail felony, and is defined as causing the death of an individual by criminal negligence or recklessness. There must be an omission to act where there was a duty to do so that could have prevented the death.
Sec 49.08 Intoxication Manslaughter – In Texas, causing the death of another by accident or mistake while operating a vehicle, aircraft, watercraft, amusement ride, or assembles an amusement ride, under the influence of alcohol is considered intoxication manslaughter.
Is there a defense for Murder?
It is the responsibility of the state to prove beyond reasonable doubt that a murder was committed and that the accused guilty of it. Law provides for alternate theories of a crime and also allows for justification of the death by introducing Adequate Cause. “Adequate cause” means an event or action that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. There are temporary insanity defenses related to this. Self Defense can be put forward as a strategy. It takes a knowledgeable and experienced defense attorney like Heath Hyde to work with you and the evidence to protect your rights and to provide the best possible defense for serious crimes. Having worked on the prosecution side for many years, Hyde knows the system and how to work through it victoriously. Don’t risk your life or the life of someone you care about to inexperience. Call our office today.