HOMICIDE & MURDER

The second method involves charging murder based on conduct. If a defendant, during the commission of a felony offense, causes the death of another person, they can also face felony murder charges. In such cases, the state is not obligated to prove that the defendant specifically intended to kill the victim; instead, it suffices to establish that the defendant intended to commit the underlying felony offense.

Defending against Murder charges requires a comprehensive strategy. The first line of defense entails scrutinizing the murder statute to ensure that the alleged events align with the essential elements. Another strategy involves negating the intent requirement, particularly if the felony murder allegation is based on an intent to kill. This can encompass affirmative defenses like self-defense, sudden passion, or necessity. By demonstrating that the defendant had no alternative and that the decision was impulsive rather than premeditated, this defense can mitigate the charges.

Another defensive approach, mitigation, acknowledges that an individual's death occurred but aims to secure a lesser-included offense. These lesser-included offenses involve lower intent levels, such as negligence or recklessness, leading to a reduced punishment range. The presentation of supporting testimony to the jury is required to obtain a lesser-included charge. Possible lesser included offenses may encompass reckless manslaughter, involuntary manslaughter, or negligent homicide. While admitting any level of guilt might seem unusual, it can ultimately result in a significantly reduced charge and a less severe punishment range during sentencing.

A Murder charge carries significant consequences, including a wide range of potential punishments. Texas categorizes murder as one degree lower than capital murder, which offers the death penalty as an option. Even when the death penalty is not applicable, a life sentence is often the outcome. Defendants can face incarceration ranging from five years to life in prison, contingent on the specific provisions of the Texas penal code. Given that murder is a specific intent crime, meaning there must be intent to kill or commit a felony, prison time is a certainty, as probation is not an option for murder under Texas law.

Beyond the criminal case, a Murder conviction has additional ramifications. The public nature of these records means that potential employers are more likely to be aware of the conviction and may hesitate to hire individuals with convictions for violent offenses, including murder. If the defendant holds a professional license, it may be revoked following a final conviction. The consequences extend far beyond the prison sentence.

Given the gravity of Murder charges, prompt action is vital. Even a mere allegation can have a profound impact on a defendant's job and community reputation. For this reason, individuals charged with felony murder should consult a criminal defense attorney as soon as possible after the event to preserve critical evidence and explore potential defenses. Many effective defenses and mitigation strategies are best developed prior to indictment when evidence is fresh and witness recollections remain clear. Boren and Mims possess the experience and knowledge required to navigate such complex cases, offering the necessary guidance to individuals facing Murder charges.