McKinney Capital Murder Defense Lawyers
Attorneys Helping Defend Against the Death Penalty in Murder Cases in McKinney, TX
No criminal cases in Texas have stakes that are higher than those involving charges of capital murder. This offense can result in a death sentence, and even when prosecutors do not pursue execution, a conviction will result in a sentence of life in prison, usually with no possibility of parole. Because of the serious nature of these charges, a strong defense from an attorney with the right level of knowledge and experience is essential.
The lawyers at Texas Defense Firm can provide the representation needed to address capital murder charges. Our team has more than 200 years of combined experience, which provides us with an understanding of the ways capital murder cases are handled, the options for defense that may be available, and the steps that can be taken to defend against a conviction, reduce charges to less serious homicide offenses, or find other solutions that will help clients avoid the most severe penalties.
Why Capital Murder Is the Most Serious Offense in Texas
Capital murder is classified as a capital felony, and it is the only offense in Texas that carries the possibility of a death sentence. An adult over the age of 18 who is convicted of capital murder may face one of two possible outcomes: the death penalty or life imprisonment without the possibility of parole.
In capital murder cases, there is no possibility of a shorter sentence, no eligibility for probation or deferred adjudication, and no way to secure an early release through parole. By contrast, murder charges that are not classified as capital murder may be charged as first-degree felonies, and a person could be sentenced to anywhere between five and 99 years in prison with possible eligibility for parole.
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Reasons a Person Could Be Charged With Capital Murder
In a capital murder case, a prosecutor will need to prove that a person intentionally killed someone, and a case must also involve certain aggravating circumstances. These may include:
- A murder was allegedly committed intentionally while a person was committing or attempting to commit another felony offense, including robbery, burglary, aggravated sexual assault, or arson. This is sometimes known as felony murder.
- A person is accused of committing murder for pay. A person who hires someone to commit murder may also be charged with capital murder.
- Charges involve the murder of more than one person in the same incident or as part of the same course of conduct.
- The alleged victim was a police officer or firefighter who was on duty.
- A person is accused of committing murder while incarcerated in prison or while attempting to escape.
- The alleged victim was younger than 15 years old.
How Capital Murder Cases Proceed
When a prosecutor seeks the death penalty, a capital murder trial will typically involve two separate phases. The first phase will address whether a person is guilty or innocent, and a prosecutor will need to prove that a person committed murder and that the case involved specific aggravating factors.
If the jury convicts a person of capital murder, a second phase of a case will address the punishment that may apply. The jury may consider the facts of the case and any mitigating circumstances, including the defendant's background, character, and personal history, to determine whether the person will receive a sentence of life without parole or the death penalty. A jury's decision must be unanimous, and if even one person opposes the death penalty, the defendant may be sentenced to life in prison instead.
Defense Strategies in Capital Murder Cases
To convict a person of capital murder, a prosecutor will need to prove that murder occurred and that a case involved specific aggravating factors. Our lawyers can determine the best ways to challenge the accusations against a person and show that the facts of a case do not support capital murder charges.
In some cases, we may focus on aggravating factors, challenging those elements in order to reduce charges from capital murder to another form of homicide. This may help to reduce the potential penalty a person may face, including avoiding the death penalty, reducing a potential prison sentence, and making sure a person will be eligible for parole in the future.
In other cases, we may take steps to defend against the underlying murder charge. We may argue that there was no intent to commit murder and take steps to have charges reduced to manslaughter or criminally negligent homicide. We may also look at the reliability of statements by witnesses, forensic evidence, and any other forms of evidence, taking steps to show that there is reasonable doubt about whether a person committed murder. We may also provide information about mitigating factors, highlighting a person's background, mental health history, and personal circumstances as we work to defend against a conviction.
Contact Our McKinney, Texas Capital Murder Defense Lawyers
At Texas Defense Firm, our lawyers understand that capital murder charges will require immediate attention and a thorough approach when building a defense. We will closely examine the facts of the case and take steps to challenge the accusations made by prosecutors. By working with forensic experts and other experts, we can identify weaknesses in the prosecution's evidence and build an effective defense for our client.
Because of the severe penalties that people may face in capital murder cases, legal representation is crucial from the moment an investigation begins. To get the help you need in these situations, contact our McKinney capital murder attorneys at 972-369-0577 and set up your free consultation.
