Under Texas law, a homicide is the killing of another person. Murder is when a person causes death by intentionally or knowingly wanted to bring harm or death. The government can charge a defendant with murder due to their reckless disregard. A defendant can also be charged with murder if the death occurred during a felonious act.
A murder charge can also be capital murder. A murder charge turns into capital murder depending on the circumstance. These circumstances are defined and outlined by the Texas Penal Code.
Circumstances That Lead To A Capital Murder Charge
- The defendant murders a police officer or firefighter while they are on duty.
- The defendant murders while committing another specific felony.
- The defendant commits or contributes to murder for payment or remuneration.
- The defendant murders another during an escape from prison.
- The defendant murders another while incarcerated.
- The defendant murders more than one person during one connected act.
- The defendant murders a child under the age of 15.
- The defendant murders a judge in retaliation of or because the victim is a judge.
Possible Defenses
Being charged with capital murder is one of the most serious, if not the most serious, criminal charges against a person. No state, Texas included, takes a murder charge lightly. Texas, in fact, hands down has some of the most stringent penalties for such cases.
For this reason, defendants must seek legal advice right away if charged with such a crime. A lawyer can ensure that a defendant knows their rights and help prepare a possible defense. Some possible defenses to murder include mistaken identity, lack of intent, self-defense, age, and violation of a defendant’s rights.
Based on the severity of the charges, a defense attorney familiar with complex criminal law charges is in the best position to help. The quicker the defendant can start building their defense, the better.
A Two-Phase Process
Capital offense trials are conducted in two phases. The first phase of the process is the actual trial, where the prosecutor presents its case by presenting evidence to the jury. The defense presents its case and defenses as well. The jury, or in some circumstances the judge, then has the opportunity to review all the evidence. After deliberation, the trier of fact will decide guilt or innocence.
If the jury finds the defendant guilty, the case then goes to the second phase of the process, the punishment phase. In the punishment phase, the trier of fact, which will be the judge or jury, will listen to both sides’ arguments regarding possible punishment.
This phase, unlike the guilt-innocence one, will allow both parties to present additional evidence. Most of the evidence presented during this phase would not necessarily be allowed during the first phase.
Penalties For Capital Murder
Capital murder is considered a capital felony offense. The penalty for such a violation ranges from life in prison to the death penalty.
Life In Prison
Most defendants convicted of capital murder and not sentenced to death will be sentenced to life in prison without the possibility of parole. There are only a few exceptions to this rule. Age is one of the exceptions. If the defendant was a minor when the crime occurred, the only time a defendant will be sentenced to life in prison, if no death penalty, is if the defendant was a minor.
Capital Punishment
Capital punishment, or the death penalty, is a sentence used by law upon a defendant’s conviction. In essence, the government executes a defendant after a finding of guilt.
Capital murders are considered to be serious and will fall under this classification. Capital murders are murders based on specifically identified situations. Once the crime falls within the category, prosecutors can elect to seek the death penalty.
Appealing A Conviction
In capital felony cases, if a defendant is found guilty in a lower court, the defendant can appeal. If a defendant is found guilty of capital murder but not sentenced to the death penalty, the case goes to the Texas Court of Appeals.
If a defendant is sentenced to death by the lower court, the conviction automatically goes to direct appeals to the Texas Court of Criminal Appeals. A defendant can also challenge their conviction by way of writs of habeas corpus.
The Final Word On Capital Murder
Capital murder is the most serious of charges. It holds stiff penalties such as life in prison as well as the death penalty. If you find yourself in such a situation where you have been charged with capital murder, obtaining defense counsel is your priority.
Vinas & Graham, PLLC has some of the most experienced attorneys in the Houston area. With years of experience as both former prosecutors and now defense attorneys, you can count on them to provide you with sound legal advice. Contact them today for a consultation. Be sure to follow them on Facebook as well for more legal information.
