When Intent Becomes the Central Question
In homicide cases, one of the most important issues is intent. Many people believe that if a death was accidental, criminal charges automatically disappear. Under Texas law, however, the analysis is more nuanced. How prosecutors evaluate intent, recklessness, and surrounding circumstances can determine whether a case is charged as murder, manslaughter, or something else entirely.
At MC Criminal Law, our FAQ Series is designed to provide clear explanations to the questions people ask when facing the most serious allegations under Texas law. Our criminal defense attorneys handle complex felony cases every day and know how critical it is to understand how these legal distinctions apply in real-world situations.
Today’s FAQ addresses a difficult but common question:
Q: If the killing was accidental, will I still face murder charges?
A: Possibly. In many cases, law enforcement initially files the highest charge they believe could apply and allows a grand jury to determine what level of offense, if any, should be formally indicted.
Whether a case is pursued as murder often depends on the evidence available at the time of arrest and how investigators interpret the facts, particularly regarding intent. If officers or prosecutors believe there is evidence suggesting intentional or knowing conduct, they may move forward with a murder charge, even if the accused maintains the incident was accidental.
By the time the case is presented to a grand jury, additional evidence may have been gathered, witness statements reviewed, and forensic analysis completed. That fuller picture can influence whether the charge remains the same, is reduced, or is declined altogether.
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An “accident” can be a legal defense that reduces a murder charge to a lesser-included offense, potentially lowering the punishment range. There are typically two key opportunities for this issue to be evaluated: first by the grand jury, and later—if necessary—by a trial jury.
Dallas County is one of the few counties that provides defense attorneys with full access to the evidence before grand jury presentation and allows the defense to submit a written grand jury packet on behalf of the client. This gives the defense an important opportunity to present context, evidence, and legal arguments early in the process.
Because of this, hiring an attorney early in the process is critical. You should ask any attorney you are considering how often they prepare and submit grand jury packets and how familiar they are with the specific procedures in that county.
At MC Criminal Law, we strongly believe every eligible case should be evaluated for a grand jury packet submission. Early strategy can make a meaningful difference. If you or a loved one needs serious criminal defense in Dallas, Collin, Tarrant, or Denton County, or the surrounding areas, contact MC Criminal Law today.