When a life is lost, a criminal case is often filed even when the police believe that the person who caused the death was justified in their actions. In fact, the law enforcement community of Texas faces tremendous pressure to charge somebody for the crime even when it is difficult to determine who committed it.
A simple charge or allegation of murder or manslaughter can have life-altering effects on an individual, which is why you should always have the best Dallas murder defense attorneys at your side from day one.
Most criminal attorneys have never walked a person accused of murder out of this type of allegation back into their lives, but we have – multiple times. With over 30 years of combined criminal litigation experience and 300 trials, we have handled hundreds of these cases as both prosecutors and criminal defense attorneys.
We can analyze and attack these kinds of criminal prosecutions from all angles. We know the issues involved in detail as well as many of the prosecutors and judges. By understanding the prosecutor’s mindset and the weaknesses of these types of allegations, our firm has achieved great results in many cases – including reductions to lesser charges and dismissals – often keeping the allegations from ever becoming public.
M|C Criminal Law is committed to providing extensive, personalized attention. Unlike law firms that depend upon high volumes of cases, we choose to work with few clients for exceptional results. If that sounds like what you are looking for, we are the ideal murder defense attorneys in Dallas for you.
The most serious charge in Texas is capital murder. When defending against a murder charge, there are times when a lower-degree offense (called a “lesser included” offense) that involves some but not all elements of murder can be considered by prosecutors, the judge, or the jury.
Depending on the circumstances of your case, the strategy that is likely to achieve the best results, as well as, of course, your wishes, we may work towards a dismissal, a reduction in the charges, or defend you before a jury. Potential charges that are associated with homicide and that our Dallas murder defense attorneys can defend you against are:
Criminally negligent homicide is when a person “causes the death of another individual by criminal negligence.” Legally delineating between regular negligence and criminal negligence is difficult, which is why people are not often charged with this type of homicide.
Criminally negligent homicide is classified as a state jail felony that is punishable by a fine of up to $10,000 and a jail sentence between 180 days and two years; if a deadly weapon was used, the charge is enhanced to a third-degree felony, which is punished by a fine of up to $10,000 and prison time from two to ten years.
Manslaughter is another classification of homicide in Texas that is considered a second-degree felony, sanctioned by two to 20 years in prison and a fine of up to $10,000. Manslaughter is committed when a person “recklessly causes the death of an individual.” Intoxication manslaughter is a subtype of manslaughter, with the same penalty, and happens when a person causes the death of another person while committing a DWI.
Murder is committed when a person 1) intentionally or knowingly causes the death of another individual; 2) intends to cause serious bodily injury and their actions result in the death of another individual; 3) in the commission of another felony commits an act the causes the death of another individual.
In most cases, murder is a first-degree felony in Texas, punishable by a fine of up to $10,000 and a prison sentence of 5 years to life in prison. In very specific circumstances, murder can be punished as a second-degree felony; namely, if the jury, during sentencing, finds that the murder was committed “under the immediate influence of sudden passion”, although this finding is rare in modern times.
Capital murder is the fourth type of homicide in Texas and the one with the harshest sentence. The punishment for capital murder is life in prison without the chance of parole or death by lethal injection. A person can be convicted of capital murder if they commit the criminal act of murder under the following circumstances:
When you are accused of any type of homicide, nothing speaks louder than the results an attorney earns. Here are a few examples of results we have received in recent cases:
The client was indicted for murdering a man who had raped a female friend of his. We reexamined the testimony of the witnesses and found that his alleged actions could not cause the injuries indicated in the autopsy results. We developed evidence that the deceased may have been assaulted by someone else prior to contact with our client. The case was eventually dismissed and our client was cleared of all charges.
The client was driving at a high rate of speed (according to the police report) in a construction zone when he hit and killed a jogger. We were able to establish that the speed he was driving at could not be scientifically verified and was exaggerated by police reports. We also showed that the jogger had unlawfully entered the roadway in the dark, leaving no opportunity for our client to avoid the accident. The case was presented to the grand jury and no-billed.
The client was a bartender who overserved an intoxicated person, and that person later died in his home. The DA’s office accepted the case as a misdemeanor for serving an intoxicated person an alcoholic beverage. The client was eventually sentenced to probation.
The client had a previous criminal record that would not allow him to possess a gun. He had been threatened earlier in the night and believed someone might be trying to assault him at home. He shot at a person he believed to be an attacker and accidentally killed a fellow housemate. We documented for the prosecutor the credible threats that the client had received and negotiated a reduction to probation on a criminally negligent homicide charge.
The client was a police officer who responded to a suspicious person call regarding two people in an automobile. Despite the officer’s repeated commands, the two people in the car refused to exit the vehicle or show their hands. Our client saw the vehicle reverse in the direction of other officers and shot to defend his fellow officers.
This case went to a jury trial where we cross-examined the government’s witnesses and provided our own. We were able to show that the officer’s conduct was justified under the law. Our client was acquitted of all charges and went home to his family.
*The case was filed as an aggravated assault by a police officer because it is easier for the prosecution to prove than murder, and it carries the same punishment range.
