Providing Aggressive Legal Representation for Clients Charged With Murder
If you or a loved one is facing homicide charges in Houston, it is crucial to have a skilled and experienced defense attorney on your side. Texas is a state well-known for its tough stance on murder, and anyone facing any type of murder charges must have a qualified murder defense attorney with extensive experience handling murder cases.
The Cory Roth Law Office recognizes this is most likely the most overwhelming situation you may ever experience. The potential risks to your life and your freedom are very real, and you need an Houston homicide defense lawyer who will fight aggressively to protect your legal rights. We understand that good people end up in situations that they did mean to happen. Our legal team provides clients with the compassion and integrity they deserve to help them navigate the complex Texas criminal justice system.
Our Houston Homicide Defense Attorney is dedicated to providing aggressive representation and fighting for your rights in court. Contact us today at 832-400-4133 to schedule a consultation and discuss your case.
What Are the Criminal Penalties for Homicide?
Texas has some of the most stringent laws on the books regarding homicide convictions. For this reason, defendants in homicide cases must have a criminal lawyer who understands the potential penalties and how to protect their client’s freedom.
The penalties for the various homicide charges in Texas include:
- Criminally negligent homicide: Criminally negligent homicide is charged as a state jail felony charge, and if convicted, the accused could be sentenced to 180 days to two years in jail or prison and a fine of $10,000.
- Manslaughter: Manslaughter is a second-degree felony in Texas, punishable by two to 20 years in prison and a fine of $10,000.
- Murder: Murder is a first-degree felony punishable by 5 to 99 years in prison and a $10,000 fine.
- Capital murder: Capital murder is a capital felony punishable by life in prison or the death penalty.
What Are the Different Degrees of Murder in the State of Texas?
Unlike other states, Texas uses degrees of murder to charge defendants accused of killing another person. As a result, the killing of another person can only face one of four potential homicide charges. Homicide in Texas is defined as intentionally, recklessly, knowingly, or with criminal negligence causing the death of an individual.
To understand how Texas charges homicides, they can be compared with murder charges in other parts of the country. For example, in Texas, first-degree murder is defined as capital murder and second-degree murder is only referred to as murder.
The four different types of homicide in Texas include:
Criminally Negligent Homicide
Individuals can be charged with criminally negligent homicide if they kill another person by acting dangerously but without the intention to do them harm. For example, a person can be charged with vehicular manslaughter if they drive under the influence and cause an accident that results in a fatality.
Manslaughter charges
Involuntary manslaughter may be charged when a person accidentally kills another individual without malice or the intention to cause them harm through reckless behavior. Conversely, voluntary manslaughter may be charged if someone accidentally kills another individual due to non-premeditated or unintentional harm.
Murder
The Texas penal code stipulates that a person commits murder when the following legal criteria are present:
- The act that killed the victim was premeditated.
- The defendant acted with intent to cause serious bodily injury and subsequently committed an act that caused the victim’s death.
- The defendant did or was attempting to commit a felony and, in the course of the criminal conduct, did engage in an act that caused the victim’s death.
Capital Murder
Capital murder is the most serious homicide charge under Texas law. The law stipulates several different factors that could result in a person being charged with capital murder, which include:
- The victim is under age 10.
- Murder for hire
- The victim was a firefighter, law enforcement officer, or court officer.
- The defendant causes the death of another while incarcerated.
- The defendant murdered more than one person.
- The defendant causes the victim’s death in the commission of a robbery, sexual assault, burglary, kidnapping, or arson.
Anyone facing a capital murder charge should understand that a conviction could result in them being subject to the death penalty.
What Should You Do Immediately After Being Charged with Homicide?
Facing a homicide charge can be an overwhelming and terrifying experience. The first step you should take is to remain calm and composed. It’s crucial to understand that your actions and decisions in these initial moments can significantly impact the outcome of your case. Refrain from talking about the specifics of the event with anyone other than your lawyer, as anything you say can be used against you in court. Contact the Cory Roth Law Office at 832-400-4133 as soon as possible to secure experienced legal representation. Our team will guide you through the legal process, ensuring your rights are protected from the outset.
What Are the Potential Consequences of a Homicide Conviction?
A homicide conviction in Texas carries severe consequences, including lengthy prison sentences, substantial fines, and a permanent criminal record. The exact consequences vary based on the severity of the charge, with capital murder being the gravest, potentially resulting in life imprisonment or the death penalty. Beyond legal penalties, a conviction can have lasting impacts on personal and professional life, affecting employment opportunities, relationships, and reputation. At the Cory Roth Law Office, we recognize the seriousness of these outcomes and are dedicated to delivering a strong defense to lessen the effects on the lives of our clients.
What Are Some Possible Legal Defense Strategies in Homicide Cases?
When an individual is charged with homicide in Texas, the prosecution must demonstrate beyond reasonable doubt the defendant committed the crime.
Some of the most common legal defenses used to fight homicide charges include:
- Self-defense
- Defense of another person
- Fulfilling a duty if the defendant is a law enforcement officer
- Accidental death
- Mistaken identity
- A solid alibi establishes that the defendant had nothing to do with the homicide
Because of the severe nature of homicide charges and their potential impacts on a person’s life and freedom, those accused must obtain quality legal representation to evaluate their case and create effective legal strategies.
What Are the Key Elements the Prosecution Must Prove in a Homicide Case?
In a homicide case, the prosecution bears the burden of proving several key elements beyond a reasonable doubt. These elements typically include the defendant’s intent, causation, and the unlawful nature of the act. Intent refers to the defendant’s state of mind at the time of the crime, whether it was premeditated or reckless. Causation involves establishing a direct link between the defendant’s actions and the victim’s death. Lastly, the prosecution must demonstrate that the act was unlawful, meaning it was not justified or excused under the law. Understanding these elements is crucial in formulating an effective defense strategy.
How Does Texas Law Define Self-Defense in Homicide Cases?
Self-defense is a common legal defense in homicide cases, and Texas law provides specific guidelines for its application. Under Texas Penal Code, an individual is justified in using force against another when they reasonably believe it is necessary to protect themselves from imminent harm. However, the use of deadly force is only justified if the individual reasonably believes it is necessary to prevent the other’s use of deadly force, or to prevent the commission of certain violent crimes. Our attorneys at the Cory Roth Law Office are well-versed in self-defense laws and can help determine if this defense is applicable to your case.
What Role Does Mental Health Play in Homicide Defense?
Mental health can play a significant factor in homicide defense, potentially influencing the outcome of a case. If a defendant is suffering from a mental illness or disorder at the time of the crime, it may impact their ability to form intent or understand the nature of their actions. In some cases, this can lead to a defense of insanity or diminished capacity. Our legal team works closely with mental health professionals to assess the mental state of our clients and incorporate these findings into the defense strategy. Our commitment lies in thoroughly assessing and presenting mental health factors in legal proceedings.
How Can Mistaken Identity Affect a Homicide Case?
Mistaken identity is a defense strategy that can be employed when there is doubt about the defendant’s involvement in the crime. In some cases, eyewitnesses may incorrectly identify a suspect due to stress, poor visibility, or other factors. Our attorneys at the Cory Roth Law Office meticulously examine all evidence related to identification, including surveillance footage, forensic evidence, and witness statements. We work to uncover inconsistencies or errors that may have led to a wrongful accusation. By challenging the reliability of the identification process, we aim to establish reasonable doubt and protect our clients from unjust convictions.
How Can a Homicide Defense Attorney Help You?
A skilled homicide defense attorney plays a vital role in navigating the complexities of the legal system. At the Cory Roth Law Office, we provide comprehensive legal support tailored to your unique situation. Our attorneys will thoroughly investigate the circumstances surrounding your case, gathering evidence, and interviewing witnesses. We will work diligently to build a strong defense strategy aimed at reducing charges, securing a favorable plea deal, or achieving an acquittal. With our extensive experience in handling homicide cases, we are committed to fighting for the best possible outcome for you.
How Important Is It to Have a Local Attorney for Your Homicide Case?
Having a local attorney is crucial in a homicide case, as they possess an in-depth understanding of the local legal landscape, including court procedures, judges, and prosecutors. The Cory Roth Law Office, based in Houston, Texas, has extensive experience navigating the Texas criminal justice system. Our deep understanding of regional regulations and connections with legal professionals enables us to offer strategic and impactful advocacy for those we represent. We are dedicated to leveraging our local knowledge and connections to achieve the best possible outcomes in homicide cases.
Why Choose the Cory Roth Law Office for Your Homicide Defense?
The Cory Roth Law Office of Houston, TX, has extensive experience handling all types of homicide charges and obtaining favorable results for clients. Cory Roth uses his legal experience and skill to examine the prosecution’s case and determine where weaknesses may be present.
For example, to prove that an individual committed criminally negligent homicide, the prosecution must demonstrate that although the accused was unaware that their actions could cause the victim harm, they should have been reasonably aware of the consequences.
Cory Roth knows that the state does not always get it right and is passionately committed to ensuring that his clients receive fair treatment and justice.
Selecting the appropriate lawyer is crucial in a murder case. At the Cory Roth Law Office, we focus on offering customized and vigorous legal defense for those accused of homicide. Our team is devoted to comprehending the specific details of each situation and developing a defense plan that fits the case. With a history of successful outcomes, we are unwavering in our quest for justice on behalf of our clients. Reach out to us at 832-400-4133 to arrange a consultation and discover how we can assist you during this difficult period.