Murder is perhaps the most serious crime a person can be charged with in Texas. Sentencing can go all the way up to life in prison or even the death penalty. Anyone facing homicide charges needs an experienced and capable criminal defense lawyer to minimize your chances of facing these harsh penalties - whether you are guilty or not.

If you have been accused of murder, finding good representation should be your top priority. A defense attorney will look at all the facts and circumstances surrounding the crime and see if there are any applicable defenses, then decide on a defense strategy. In some cases, a murder charge can be reduced to a lesser crime.

What Is Manslaughter in Texas?

Manslaughter is still a serious crime, but it is not quite as serious as homicide. Rather than a first-degree felony, manslaughter is a second-degree felony and carries less severe penalties. Defense attorneys may sometimes fight to have a murder charge reduced to manslaughter in cases where the defendant caused another person’s death, but did so as a result of recklessness rather than intent to kill. In Texas, there are two types of manslaughter: voluntary and involuntary.

A murder charge in Texas is very serious indeed. Not only could a person convicted of certain types of homicide face life in prison, but they could be facing the death penalty. The state of Texas is notoriously harsh in murder sentencing. If you have been charged with any form of homicide in Texas, it is critical that you immediately contact an experienced and knowledgeable criminal defense attorney. You may have a defense available, but it will take the commitment of a skilled attorney to put forward your best defense.

An attorney will start by listening to your story and examining all available facts in your case to determine what defense strategy will give you the best chance of avoiding an overly harsh outcome. This multi-part article will touch on some strategies your lawyer may use to defend your murder case.

What Is Justifiable Homicide?

Police arrive on the scene of a murder with no understanding of what may have taken place in the moments leading up to the killing. In some cases, a person who was merely defending themself can be erroneously arrested and charged with murder. Texas law carves out a number of situations where a homicide can be considered justifiable.

The term “continuous family violence” brings to mind the idea of ongoing abuse within a family—for example, a husband who routinely hits his wife or child. However, in Texas, continuous family violence just means that there were two or more allegations of family violence within a 12-month period. Because continuous family violence is a third-degree felony, as opposed to misdemeanor family violence, this charge needs to be taken much more seriously. Having a felony on your record can have a major negative impact on your life, so it is important to have an attorney who will defend you aggressively.

What Situations Can Lead to a Continuous Family Violence Charge?

The name of this offense can be misleading. The requisite two incidents of alleged family violence can occur on the same day. The state does not need to prove that family violence was an ongoing problem in the home. Here are some common ways the felony of continuous family violence can be charged:

• Multiple victims - Family violence can be deemed “continuous” even if there was only one single incident of violence when two or more alleged victims are involved.

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If you have been charged with a criminal offense, the outcome of your case is not a foregone conclusion. Even if you know you are going to plead guilty, or that a conviction is likely, there is still much that a skilled defense attorney can do to improve the outcome. Texas uses a determinate sentencing structure, meaning there are sentencing standards based on the crime. However, the actual sentence you receive can still vary quite a bit depending on the circumstances surrounding the crime and your personal history. Whether you are facing felony or misdemeanor charges, our attorneys are committed to seeking the best possible results for our clients.

What Factors Affect Sentencing?

No matter the offense for which you have been charged, there are a variety of factors a judge or jury can consider before your sentence is decided. Your attorney will be able to present any mitigating circumstances and make an argument for giving you a lighter sentence. In some misdemeanor cases, you may even be able to avoid jail time. However, the prosecutor will have the same opportunity to present evidence of circumstances that may work against you. The judge or jury determining your sentence can consider:

• Your criminal history, or lack thereof. If this is your first offense, and it is a misdemeanor, you could be eligible for what is called deferred adjudication. This means that you will enter a plea of guilty or no contest and be put on probation. If you complete probation without violating the terms, your case will be dismissed and you will have a clean criminal record. On the other hand, if you have prior convictions, there is a higher chance of receiving a greater sentence.

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Beginning next month, Texas will be the first state in the country to make soliciting a prostitute a felony. The measure, packaged in House Bill 1540, was introduced by state Rep. Senfronia Thompson, a Democrat from Houston, to combat human trafficking and curb “modern-day slavery.” She’s championed the issue for more than a decade. 

The bill received bipartisan support and received unanimous support in committee votes in both the House and Senate. After the Republican governor signed it into law in June, the Texas attorney general Ken Paxton called it “a substantial step towards curbing the demand for commercial sex” and explained that the measure will protect “vulnerable men, women, and children in our communities.” He added, “I commend our legislature for passing laws that fight this inexcusable offense.”

House Bill 1540

Before the passage of HB 1540, the Texas Penal Code equated the solicitation of a prostitute with prostitution itself, meaning the state saw both the John and the sex worker as equally guilty for the crime. The charge for either was a Class B misdemeanor, but it became a Class A misdemeanor if you were caught a second time, and a state felony if you were caught a third time.