Have You Been Charged with Capital Murder in Texas?
A recent call to law enforcement in Palo Pinto led to two men and one woman being charged with capital murder. An elderly resident of Dallas County was found dead beside I-20. His vehicle was later found near Gainesville, and a subsequent investigation linked three people to the murder. All three suspects in the case remain in the Cooke County Jail, charged with capital murder and auto theft, under bonds of $1,010,000 each.
In the state of Texas, the biggest difference between murder and capital murder is distinguished by the potential for the death penalty for those convicted of capital murder. Murder is punishable by life in prison with the possibility of parole, while capital murder – when not punished by death – is punishable by life in prison with no parole. If you have been charged with capital murder in the state of Texas, it is extremely important that you speak to a knowledgeable Denton County, TX criminal defense attorney.
What Defines Capital Murder in Texas?
Capital murder is defined under Section 19.02(b)(1) as a murder with additional aggravating circumstances. As the most severe crime in the state, capital murder also brings the most severe punishment – the death penalty. Capital murder is defined as intentionally or knowingly killing a person under specific circumstances, such as murder for hire, the murder of a peace officer or firefighter, or murder during the commission of a serious crime. Capital murder – like murder - requires intent, premeditation, or indifference to human life.
What Are the Other Types of Murder in Texas?
What most states refer to as "first-degree" murder, Texas calls capital murder. Murder in the state can be charged when a person intentionally or knowingly causes the death of another person or intends to cause serious bodily injury and commits an act that results in the death of another person.
While often a first-degree felony, murder can be charged as a second-degree felony if the act was committed in the heat of passion. A first-degree felony for murder can result in from five to 99 years in prison, with the possibility of parole and fines as large as $10,000. A second-degree felony murder charge is punishable by two to 20 years in prison and fines as large as $10,000.
Manslaughter occurs when a person’s death is caused by a reckless disregard for human life and can be separated into involuntary manslaughter and voluntary manslaughter. Both are considered second-degree felonies with punishments of two to 20 years in prison and fines up to $10,000.
Criminally negligent homicide involves causing the death of another person through criminal negligence like reckless driving. Criminally negligent homicide is a state jail felony; a conviction for this offense carries between 180 days and two years in a state jail facility and a fine as large as $10,000.
What Are the Potential Defenses Against Murder?
While your specific defense will depend on the circumstances and facts surrounding your charges, some of the more common defenses for murder charges include:
- Mistaken identity occurs when a witness misidentifies a person charged with murder. Even though eyewitnesses may not mean to identify the wrong person, human memory is fallible.
- Self-defense can be a defense when equal force is used to protect the individual or their loved ones. An attorney will show the person charged with murder did not instigate the threatening situation and had a reasonable fear of death or bodily harm.
- Insanity can be used as a defense to murder in some instances if the person suffers from temporary or permanent diminished mental capacity to the extent that he or she does not realize the act is wrong.
- An attorney may be able to prove that there was no criminal intent to harm the other person (an element of murder) and that the death of the person was an accident rather than murder.
Contact a Cooke County, TX Murder Lawyer
There is no crime with harsher penalties than murder – particularly capital murder. When your life is on the line, you need a Denton County, TX murder attorney from Magaña & Van Dyke to strongly defend your rights and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.