Houston Murder Defense Lawyer

Murder is the most serious offense in the State of Texas and can lead to lifetime prison or even the death penalty. There is no offense that law enforcement and prosecutors take more seriously than murder, and it is critical to speak with an experienced criminal defense lawyer right away if you are under investigation or charged with murder. Do not speak to the police without consulting with an experienced violent crimes defense attorney first. 

Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization. As a former prosecutor, Mr. Ceja has prosecuted and defended murder charges and has the experience to assemble a strong defense in a murder case. If you or a loved one is charged with murder anywhere in the Houston area, call Ceja Law Firm today for a free consultation. 

How is murder charged in Texas?

Under the Texas Penal Code 19.02, murder can be committed in several ways. Murder can be charged in the following situations:

Murder by causing death: Under Texas Penal Code 19.02, murder can be committed by intentionally or knowingly causing the death of an individual or intending to cause serious bodily injury and committing an act clearly dangerous to human health that causes the death of an individual. 

Felony murder: When a person commits or attempts to commit a felony (or flee after committing a felony), and someone dies as a result, they can be charged with murder. Any felony other than manslaughter can be the basis of a felony murder prosecution. 

Providing Fentanyl: If a person is alleged to have knowingly given a substance containing fentanyl or a related compound found in the Texas Heath and Code 481.1022, and the person dies after ingesting the substance, the person who provided the substance can be charged with murder. 

How is murder punished in Texas?

Murder is a first-degree felony punishable by 5-99 years or life in prison and a fine of up to $10,000. 

Under current law in Texas, murder is not eligible for probation from a judge or jury in Texas, except that the judge may grant deferred adjudication probation to a defendant charged with murder on determining that the defendant did not cause the death of the deceased, did not intend to kill the deceased or another, and did not anticipate that human life would be taken. 

The probation eligibility rules may vary for older offenses since the law in effect at the time of the alleged murder controls whether probation is legally permissible (probation is very unlikely in a murder case even if legally possible). An experienced criminal defense attorney can tell you if probation is legally possible in a murder case.

How is capital murder charged in Texas?

Capital murder is the most serious offense in Texas and the only offense eligible for the death penalty. Capital murder is murder plus an aggravating element listed in the Texas Penal Code 19.03, such as the murder of a child, murder of a police officer, multiple victims, or murder committed during a robbery.

How is capital murder punished in Texas?

If a person is convicted of capital murder, they will be punished by life imprisonment without parole (the sentence will be life with the possibility of parole for an individual younger than 18). If prosecutors seek the death penalty, it will be up to a jury to decide whether death is appropriate if they first find the defendant guilty. 

Can a person be charged with murder for someone else’s actions?

In Texas, a person who participates in a crime – even if they did not directly cause the death of an individual – can be charged with murder or capital murder for participating or assisting in an offense that leads to the death of an individual under certain circumstances. In Texas, this is known as the “law of parties.” 

Depending on the allegation and the facts of the case, it may be a defense to a murder charged under the law of parties that the murder could not have been an anticipated outcome of the offense a defendant participated in. 

How does the law of self-defense apply to murder cases?

One of the most common defenses in a murder case is self-defense. Texas has one of the strongest self-defense laws in the nation, and depending on the facts, self-defense can be an effective defense to a murder charge. 

Texas Penal Code 9.32 addresses when the use of deadly force in self-defense is permissible. The law of self-defense is very complex, but in general, a person is authorized to use deadly force when they are authorized to use non-deadly force, and only to the degree the person believes deadly force is immediately necessary to protect against another’s use or attempted use of unlawful deadly force. The use of deadly force is subject to many limitations, but under the right circumstances and with the help of an experienced criminal defense attorney, self-defense can be a powerful defense. 

Can you get a bond in a murder case? 

Under the Texas Constitution Art. 1, there is a presumption of granting bail to defendants charged with crimes, except in certain circumstances. 

For murder cases, a defendant is entitled to a bond unless certain situations apply, including if the defendant has two prior felonies, is alleged to have committed the felony while on bond for another felony (for which he has been indicted) or is accused of a felony involving a deadly weapon with a prior felony conviction. If these situations are applicable, a murder defendant can be held in jail without bond. 

For capital murder cases, a defendant can be held without bond after a “proof evident” hearing, where prosecutors must prove by “clear and strong” evidence that the offense of capital murder has been committed, the defendant is the guilty party, and the accused will be convicted and the jury will assess the penalty as death.

How are murder cases defended?

To maximize your chances of a good result in a murder case, your criminal defense attorney must aggressively challenge the evidence and conduct his own investigation. Law enforcement and prosecutors will devote all of their resources to investigating a murder and obtaining a conviction. In most murder investigations, the police will use forensic or technical evidence of some kind and it is frequently necessary for a defense attorney to add experts and investigators to the defense team. The most common defenses in murder cases are self-defense, mistaken identity, and lack of intent or mistake. Of course, the best defense in a particular case will depend on the unique facts and witnesses of the alleged offense.

If you are charged with murder or are under investigation, it is critical to have an experienced criminal defense lawyer in your corner. Call Ceja Law Firm today for a free consultation. Mr. Ceja and his staff are all fluent in Spanish.