Murder is the most serious offense in the State of Texas and can lead to life in prison or even the death penalty. Law enforcement and prosecutors devote extensive resources to investigating and prosecuting murder cases. If you are under investigation or charged with murder, it is critical to speak with an experienced criminal defense lawyer immediately. Do not talk to the police without consulting an attorney first.
Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is recognized as a Texas Super Lawyer. Mr. Ceja is a former prosecutor who has handled murder cases on both sides. If you or a loved one is facing a murder charge in Houston or the surrounding areas, contact Ceja Law Firm today for a free consultation.
How Is Murder Charged in Texas?
Under Texas Penal Code 19.02, murder can be charged in several ways:
- Intentional Murder: Knowingly or intentionally causing the death of another individual.
- Felony Murder: If someone commits or attempts to commit a felony (excluding manslaughter) and another person dies as a result, they can be charged with murder—even if they did not intend to kill.
- Fentanyl-Related Murder: Knowingly providing fentanyl or a related substance that results in someone’s death can lead to a murder charge.
How Is Murder Punished in Texas?
Murder is classified as a first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000. Under Texas law, probation is generally not an option for a murder conviction, except in rare cases where the defendant did not directly cause the death and lacked intent to kill.
How Is Capital Murder Charged in Texas?
Capital murder is the most serious offense in Texas and is the only charge eligible for the death penalty. A murder is considered capital murder if it involves:
- The murder of a child
- The murder of a police officer
- Multiple victims
- Murder committed during the course of a robbery, kidnapping, or sexual assault
A conviction results in life without parole or the death penalty if sought by prosecutors.
Liability for the Conduct of Another (Law of Parties)
Texas’ “Law of Parties” allows prosecutors to charge individuals with murder even if they did not personally commit the act. Under Texas Penal Code §7.01 and §7.02, a person can be criminally responsible for a murder committed by another person if they:
- Aided, encouraged, or directed the commission of the offense.
- Participated in a felony where murder was a foreseeable outcome.
- Had a legal duty to prevent the crime but failed to do so.
Example: If two individuals commit a robbery and one of them kills someone—even if the other person had no intent to harm anyone—both can be charged with murder under the Law of Parties. This broad law often results in individuals facing murder charges for actions they never intended or anticipated.
Even if a person did not commit the murder, the prosecution must prove they knowingly assisted, encouraged, or should have foreseen the possibility of death. A strong defense can challenge whether the accused had actual knowledge, intent, or control over the crime and argue that the murder was not a foreseeable outcome.
Defenses in Murder Cases
A strong defense strategy can mean the difference between a conviction, a reduced charge, or even a dismissal. Every murder case is unique, and the most effective defense will depend on the specific facts, available evidence, and applicable legal arguments. Some of the most commonly used and successful defenses in murder cases include:
1. Self-Defense
Texas has some of the strongest self-defense laws in the country. Under Texas Penal Code §9.32, a person is justified in using deadly force if:
- They reasonably believe the force is necessary to protect themselves from another person’s use or attempted use of unlawful deadly force.
- They were not the initial aggressor and did not provoke the attack.
- The level of force used was proportional to the threat faced.
Texas does not require a person to retreat if they are lawfully present in a location and are acting in self-defense. This is commonly referred to as the “Stand Your Ground” doctrine.
Additionally, under Texas’ Castle Doctrine, an individual is legally allowed to use deadly force inside their home, vehicle, or place of business to protect against an unlawful intruder.
2. Defense of Others
Similar to self-defense, a person is justified in using deadly force to protect another individual under Texas Penal Code 9.33 if:
- They reasonably believe the third party is facing an imminent threat of death or serious bodily injury.
- The level of force used is necessary and proportional to the threat.
- The third party was not the aggressor.
For example, if a person witnesses an assault where they reasonably believed an armed attacker is about to kill someone, they may lawfully intervene with deadly force if necessary. However, misunderstandings or misinterpretations of the situation can complicate a defense, which is why skilled legal representation is crucial.
3. Lack of Intent (Accidental Killing)
Murder requires a specific mental state. If a death was accidental and occurred as a result of recklessness or negligence rather than an intentional act, the charge may be reduced or dismissed.
- If a person accidentally discharges a firearm, causing someone’s death, they may be charged with manslaughter or criminally negligent homicide instead of murder.
- If the death was unavoidable due to circumstances beyond the defendant’s control, a complete dismissal may be possible.
- If the accused lacked knowledge that their actions would cause harm (e.g., unknowingly serving a drink with a lethal allergy trigger), they may not meet the legal definition of murder.
Successfully arguing lack of intent requires careful examination of evidence, forensic reports, and witness testimony to challenge the prosecution’s claims.
4. Mistaken Identity
Many murder cases rely on eyewitness testimony, which is one of the most unreliable forms of evidence. Factors such as stress, poor lighting, racial bias, and police suggestiveness can lead to misidentification of the suspect.
- If an arrest is based on flawed or incomplete witness statements, a defense attorney can challenge their accuracy by presenting contradictory evidence, such as alibi witnesses or surveillance footage.
- DNA evidence, phone records, and security cameras can often prove a person was not at the crime scene.
- Lineup procedures used by law enforcement can sometimes be manipulative or suggestive, leading to false identifications.
A strong defense strategy in mistaken identity cases involves conducting an independent investigation and uncovering inconsistencies in the prosecution’s evidence.
5. Police Misconduct & Violations of Rights
If law enforcement violated the defendant’s constitutional rights during the investigation or arrest, certain evidence may be suppressed or thrown out. Common types of police misconduct include:
- Unlawful searches and seizures in violation of the Fourth Amendment. If police obtained evidence without a valid warrant or probable cause, that evidence may be inadmissible in court.
- Coerced confessions due to intimidation, sleep deprivation, or improper interrogation tactics. Under Miranda rights, individuals must be informed of their right to remain silent and have an attorney present during questioning.
- Fabricated or altered evidence by officers attempting to strengthen their case.
- Failure to disclose exculpatory evidence (evidence that may help prove the defendant’s innocence).
If police misconduct is proven, it can severely weaken the prosecution’s case and potentially lead to a dismissal.
6. Forensic Challenges
Forensic evidence plays a major role in many murder cases, but it is not always as reliable as the prosecution claims. A skilled defense attorney can challenge the validity, interpretation, or handling of forensic evidence, including:
- DNA Evidence – DNA found at a crime scene does not always indicate guilt—it may have been transferred inadvertently or misinterpreted.
- Ballistics & Firearm Evidence – Bullet trajectories, gunshot residue, and ballistics reports can sometimes be flawed due to contamination or errors in analysis.
- Fingerprint Analysis – Partial or smudged fingerprints can lead to false matches if improperly analyzed.
- Blood Spatter Analysis – While often used in court, bloodstain pattern interpretation is highly subjective and has been criticized for its lack of scientific reliability.
- Toxicology Reports – Errors in testing or interpretation can exaggerate or misrepresent the role of drugs or alcohol in a case.
Because forensic science is not always foolproof, having an independent expert review the evidence is often crucial in murder cases. A strong defense can expose weaknesses or inconsistencies in the prosecution’s forensic claims, potentially leading to acquittal or case dismissal.
Sudden Passion as a Defense to Murder
Under Texas Penal Code §19.02(d), a murder charge may be reduced from a first-degree felony to a second-degree felony if the defendant acted under sudden passion arising from adequate cause.
- Sudden passion means the defendant acted in an immediate emotional reaction to a provocation, rather than with premeditation.
- Adequate cause refers to a situation that would provoke an intense emotional response in a reasonable person, such as discovering a spouse in an affair or being attacked.
If proven, a sudden passion defense reduces the potential penalty from 5 to 99 years (first-degree) to 2 to 20 years (second-degree). While it does not lead to a full acquittal, it can significantly reduce sentencing exposure in a murder case.
Types of Evidence in a Murder Case
Murder cases often rely on a mix of direct and circumstantial evidence. Some of the most common types include:
- Eyewitness Testimony: Witness statements about what they saw or heard.
- Forensic Evidence: DNA, fingerprints, blood spatter analysis, and toxicology reports.
- Ballistics Evidence: Analysis of firearms, bullet trajectories, and shell casings.
- Surveillance Footage: Video evidence from security cameras, traffic cameras, or bystander recordings.
- Electronic Evidence: Cell phone records, GPS data, and social media activity.
- Confessions or Statements: Police interrogations or recorded conversations.
- Motive & Intent Evidence: Prior conflicts, threats, or behavioral patterns that may suggest intent.
- Expert Testimony: Forensic and psychological experts who analyze evidence and testify on behalf of the defense or prosecution.
A strong defense requires challenging the reliability of this evidence and conducting an independent investigation to uncover inconsistencies. To build a strong defense, it will usually be necessary for the defense to use its own experts to challenge the State’s evidence.
How Murder Charges Affect Immigration Status
For non-citizens, a murder charge is considered an aggravated felony and can lead to deportation, loss of legal status, or denial of future immigration benefits. If you or a loved one is a non-citizen facing murder charges, you need an attorney who understands both criminal defense and immigration consequences. Ceja Law Firm can fight to protect your freedom and immigration status.
Contact a Houston Murder Defense Lawyer Today
A murder charge is life-changing, and the prosecution will use all of their resources to secure a conviction. The sooner you have a Board-Certified Criminal Defense Lawyer on your side, the better your chances of avoiding life in prison or worse.
Time can be critical when facing a murder charge. Contact Ceja Law Firm today for a free consultation. We are fluent in Spanish and available 24/7 to protect your rights.
