I grew up on a ranch in East Texas. Fifth generation. You learn early that when something serious is on the line — a drought, a sick herd, a hard freeze — you don’t wait around and hope it fixes itself. You act. You prepare. And you get the right help.
That’s exactly how I approach a murder case.
If you or someone you love is facing a murder charge in Texas, I’m not going to sugarcoat it for you. The State plays hard. Texas prosecutors are aggressive, the penalties are severe, and the clock starts running the moment that indictment is handed down. What happens in the next few weeks can determine whether you spend the rest of your life in prison — or go home to your family.
I’ve handled over 150 murder cases. I’ve stood in that courtroom when a life sentence was on the table. I know what it takes to win.
What Texas Murder Charges Actually Mean
Before we can build your defense, you need to understand what you’re up against. Chapter 19 of the Texas Penal Code defines four levels of criminal homicide, and the difference between them — often just a single word like “intentionally” vs. “recklessly” — can mean the difference between two years and life in prison. That’s not a technicality. That’s everything.
Murder (Section 19.02) is a First-Degree Felony. It carries 5 to 99 years — or life — and a fine up to $10,000. But here’s something most people don’t know: if we can show the death occurred under the immediate influence of sudden passion from an adequate cause, that charge drops to a Second-Degree Felony. That changes the entire sentencing range. That’s the kind of distinction that wins cases.
Capital Murder (Section 19.03) is the most serious charge in this state. There is no parole. The punishment is either life without the possibility of release, or the death penalty. Capital Murder applies when specific aggravating factors exist — killing a peace officer, murder in the course of a robbery or kidnapping, murder for hire, killing more than one person, or killing a child under 15. If the State is seeking death, there are additional jury questions about future dangerousness that have to be addressed head-on.
Manslaughter (Section 19.04) is a Second-Degree Felony — 2 to 20 years. This charge applies when someone recklessly caused a death. “Recklessly” means they knew the risk and disregarded it anyway. Proving that distinction — between intentional and reckless — is one of the most important battles in a homicide defense.
Criminally Negligent Homicide (Section 19.05) is a State Jail Felony, carrying 180 days to 2 years. Here, the person didn’t even perceive the risk — they should have, but didn’t. These cases often hinge on expert testimony about what a reasonable person would or would not have foreseen.
I’ve seen prosecutors charge Capital Murder when the facts only support plain Murder. I’ve seen Murder charges that should have been Manslaughter. Overcharging is a real tactic — they do it to pressure defendants into bad plea deals. I recognize it immediately, and I don’t get bullied.
How I Build Your Defense
I don’t wait for the State to hand me evidence and then react to it. That’s not how you win. I go on offense from day one.
Discovery — Know What They Have
Under Article 39.14 of the Texas Code of Criminal Procedure — the Michael Morton Act — the State is required to turn over exculpatory, impeachment, and mitigating materials. But there’s something important to know: under Subsection (f), your attorney cannot simply hand you copies of police reports, witness statements, or crime scene photos to take home. You can review everything. We’ll go through it together. But Texas courts strictly enforce these rules to prevent witness intimidation, as confirmed in In re Powell. I’ll make sure you understand every piece of evidence against you — without us running afoul of the rules that could damage your case.
Self-Defense and Stand Your Ground
Texas has some of the strongest self-defense laws in the country. If you used deadly force to protect yourself or someone else from imminent death, kidnapping, or robbery — you may have been completely justified under the law. Winning a self-defense case isn’t just about arguing it. It requires a meticulous reconstruction of what happened: video enhancement, scene analysis, expert reconstruction, eyewitness credibility challenges. I’ve done it. I’ve gotten Not Guilty verdicts on Murder charges using exactly this approach.
Attacking Intent
The single most important question in many homicide cases is: what was going through that person’s mind? Intent separates Murder from Manslaughter. It can mean the difference between a life sentence and walking out in a few years. I use forensic psychologists, accident reconstruction specialists, and other experts to show juries that what happened was a tragedy — not a calculated act of malice.
Challenging the Science
The State will bring in DNA experts, ballistics analysts, digital forensic specialists. Juries expect it — they’ve watched too much television. But just because someone has an impressive title doesn’t mean their testimony is reliable or their methodology is sound.
In Texas, the admissibility of expert testimony in criminal cases is governed by the Kelly standard. The court must determine whether the underlying scientific theory is valid, whether the technique applying that theory is valid, and whether it was properly applied in your specific case. If a lab tech contaminated evidence, if the ballistics theory doesn’t hold up, if the chain of custody was broken — I’ll find it. And I’ll file to suppress it before it ever reaches a jury’s ears.
Jury Selection
I believe voir dire — jury selection — is where cases are won or lost before a single witness testifies. In a violent crime case, you need jurors who can set aside the emotional weight of the charge and look at the facts. I’ve tried enough cases to know how to find those people and how to identify the ones who’ve already made up their minds.
What I’ve Seen Work
I won’t share client names — confidentiality is sacred. But I’ll tell you about the kinds of cases I’ve handled.
I once defended a man on a First-Degree Murder charge after a bar fight turned deadly. The aggressor pulled a knife. My client had a firearm. The State argued he had a duty to retreat. We used video enhancement experts to show who made the first lethal move, and we walked the jury through Texas Stand Your Ground law — that he had no legal obligation to back away. The jury came back: Not Guilty. He walked out free.
In another case, a botched robbery resulted in a clerk’s death. My client was the driver, not the shooter — but he was charged with Capital Murder under the Law of Parties, facing life without parole. We challenged the State’s claim that he should have anticipated what the shooter would do. We presented his background, his character, and the evidence of his actual intent that night. The jury convicted on Manslaughter instead. He received 10 years rather than life.
That’s the difference experience makes.
How to Choose the Right Attorney
When your life is on the line, you can’t afford someone who’s going to learn on your case. Here’s what I’d tell anyone looking for a murder defense attorney in Texas:
Ask how many murder cases they’ve actually tried to a jury — not settled, not pleaded out. Tried. Ask what their success rate looks like in those cases. Ask whether they have the resources to hire independent investigators and credible expert witnesses, because the State has unlimited resources and you need to match that firepower.
Board Certification in Criminal Law by the Texas Board of Legal Specialization is a meaningful marker of competence. Look for it. And look for someone with a real team — paralegals, investigators, appellate lawyers. High-stakes cases require more than one person working around the clock.
And when you call at 2 in the morning because you’ve just been arrested, your lawyer should answer.
An Indictment Is Not a Conviction
I’ve said that to a lot of clients sitting across from me in a state of shock. It’s true. No matter how serious the charge, no matter what the headlines say, a case is not over until a jury returns a verdict. Sometimes it takes fighting all the way to that verdict to get justice. I’m not afraid of that fight.
If you’re facing a murder charge in Texas, don’t wait. Don’t try to navigate this alone. Call my office today — and let’s get to work.
