Houston Homicide Lawyer

In Texas, homicide is a term that covers taking another person’s life, regardless of intention or mitigating circumstances. However, killing someone is not always a crime. For example, if someone breaks into your home, or if you are being pursued by someone with malicious intent, it may be possible to successfully defend the charges against you. As a highly skilled Houston homicide lawyer and murder defense attorney, Ned Barnett is passionate about helping people tell their side of the story and will work tirelessly to defend your rights.

To find out how you can avoid spending years behind bars, call the Law Offices of Ned Barnett at (713) 222-6767 for a free consultation with a Houston violent crime attorney.

Types of Homicide Charges in Texas

Murder involves intentionally or knowingly causing the death of someone. Manslaughter involves causing a fatality through reckless conduct. If you cause the death of someone by criminal negligence you can be charged with criminally negligent homicide. All of these are felony charges in Texas, and each is described below.

Murder

The key to this crime is intentionally killing someone, or knowingly taking action that you know will lead to the death of another. Killing another person is also considered to be murder when you engage in activities that you know will cause severe bodily harm, or when you kill another person while attempting to commit another crime, such as robbery.

Manslaughter

While murder involves intentionally or knowingly killing someone, manslaughter involves a death that is caused by behaving in a reckless manner. For example, if you cause a car accident because you were speeding, and if another person is killed, you could be charged with manslaughter if the driving was reckless. When the driver is accused of being intoxicated, the State can instead file intoxication manslaughter charges, which are handled under Texas DWI law.

Criminally Negligent Homicide

If the driving was not reckless but only criminally negligent you could be charged with the lesser offense of criminally negligent homicide. Both manslaughter and criminally negligent homicide result from engaging in risky and illegal activities rather than from an intent to kill.

Capital Murder

All murders involve intentionally or knowingly killing another person, but there are certain variations that are punished more harshly. Crimes that fall into this category are referred to as capital murders. The punishment for capital murder is either life in prison or the death penalty. Circumstances that can lead to a capital murder charge include, but are not limited to:

• Killing a police officer or firefighter who is on duty. For this to lead to a capital murder charge, you must have known the victim is a police officer or a fireman at the time of the murder.
• Acting as an assassin, or killing someone after being promised funds for doing so. The person that hires someone to kill another person can also be charged with capital murder.
• Committing murder while attempting to escape from jail or prison.
• Killing a correctional facility employee while imprisoned.
• Murdering more than one person
• Killing a child under the age of 10

Consequences of a Murder or Manslaughter Conviction

Murder is charged as a first-degree felony. However, if the death is caused by reckless conduct the charge is manslaughter. The charge can also be manslaughter if a person intentionally or knowingly causes the death of another person while in a state of “sudden passion.” If a person causes the death of another person by acting criminally negligent the charge is a state jail felony. The penalties for homicides in Texas are listed below:

• Murder (Capital Felony): Either life in prison or execution by lethal injection
• Murder (First Degree Felony): A fine of up to $10,000 and between five and 99 years or life in prison
• Manslaughter (Second Degree Felony): A fine of up to $10,000 and between two and 20 years in prison
• Criminally Negligent Homicide (State Jail Felony): A fine of up to $10,000.00 and a sentence in a state jail facility from 180 days to 2 years.

If you are convicted of a homicide, you may have to face unexpected consequences when you are released from incarceration. For example, once you get out, you may be unable to find adequate employment. Employers are not fond of hiring people with criminal records. It might also be extremely difficult to go back to school, as most colleges thoroughly vet applicants prior to admitting them.

What to Do If You Are Under Investigation for Murder in Houston

Homicide investigations move fast at the start and slow down later. Detectives want statements before people have time to think, and the first few days often decide what the case looks like for years. If you believe you are a suspect, or detectives have asked to speak with you, do these things now:

• Ask for a lawyer and stop talking. Say clearly that you want an attorney and that you will not answer questions without one. Do not try to explain, minimize, or point to someone else. Anything you say will be compared against the physical evidence and every other witness.
• Do not talk to detectives on your own. That includes casual conversations, phone calls, and a friendly invitation to come down to the station and clear things up. Have your lawyer arrange any contact.
• Do not discuss the case on jail phones or in messages. Jail calls are recorded and routinely played for juries. Texts, social media messages, and calls to family about what happened are all evidence.
• Write down the names of witnesses. Include anyone who saw what happened, saw you before or after, or knows the other person involved. Memories fade and people move, and your lawyer needs to reach them first.

Call (713) 222-6767 as soon as you believe you are under investigation. The earlier Ned Barnett is involved, the more he can do before charges are filed.

How a Murder Case Moves Through Harris County Courts

Every case is different, but murder and manslaughter cases in Harris County generally follow the same path:

• Arrest and booking. You are taken into custody, processed, and held at the Harris County jail. Within 48 hours you see a magistrate who reads the charge and addresses bond.
• Bond hearing. In a homicide case the State may argue for a very high bond or for no bond at all. Your lawyer can ask the court to set or reduce bond and can present evidence about your job, family, and ties to the community.
• Grand jury. Felony cases go to a grand jury, which decides whether there is enough evidence to indict. The defense does not present its case there in the usual way, but your lawyer may be able to submit information for the grand jury to consider.
• Pretrial. After indictment, the case moves through a series of court settings while the two sides exchange evidence, file motions, and negotiate. Serious cases often stay in this stage for a year or more.
• Trial. If the case is not dismissed or resolved by agreement, it goes to a jury, which decides whether the State has proven the charge beyond a reasonable doubt.

You can read more about the Texas criminal court process and about what to expect in Harris County court, including how to prepare for your first appearance.

Defenses to Murder and Homicide Charges

When you are being accused of a crime, it is never too early to seek legal representation. Even during the police investigation stage, a Houston violent crimes lawyer can ensure that your rights are not trampled upon. For example, when you are brought in for questioning, you can invoke your Miranda rights and state that you will not answer any questions without your lawyer present. When your attorney arrives, they can provide you with advice related to answering questions. They can also protect you from verbal or physical abuse.

A skilled criminal defense lawyer can also be valuable if your case is taken to trial. They can help you craft a defense strategy that will give you the best chance of regaining your freedom. One defense that is common in homicide cases involves false identification. While eyewitness testimony is the most commonly used form of evidence, it is also the most unreliable. There is a very good chance that you were misidentified by someone who witnessed the crime taking place. It might also be the case that you killed someone in a justified manner. If your life was in danger, or if someone was trespassing on your property, you have every right to use lethal force for protection. Texas self-defense law, including the stand your ground rule, is often the heart of a homicide defense, and the facts that support it need to be locked down early.

Houston Murder Defense FAQs

What is the difference between murder and manslaughter?

Murder involves intentionally or knowingly causing the death of someone, while manslaughter involves a death caused by behaving in a reckless manner. If the conduct was not reckless but only criminally negligent, the charge is the lesser offense of criminally negligent homicide. The difference comes down to your state of mind at the time, which is why the facts surrounding the death matter so much.

Can murder charges be reduced?

Sometimes. A murder charge can be reduced when the evidence shows the death was reckless rather than intentional, or when self-defense or mistaken identity undercuts the State’s case. Each of those arguments depends on evidence that has to be gathered early, so the timing of your defense matters. No lawyer can promise a reduction.

Should I talk to the police if I am a suspect?

No. Detectives in a homicide case are not looking for your side of the story; they are looking for statements they can use. Politely say that you want a lawyer and say nothing else, even if you are innocent and even if you think talking will clear things up. Call (713) 222-6767 before any interview.

Can I get a bond on a murder charge?

Often, yes, but not always. Murder involves intentionally or knowingly causing the death of someone, and in most murder cases the court sets a bond, though it is usually very high. Capital murder covers certain variations of murder that are punished more harshly, and in those cases the court may deny bond entirely. Your lawyer can ask the court to set a reasonable bond or lower one that has already been set, and can present evidence about your job, family, and ties to Houston.

When should I hire a homicide lawyer?

Immediately, and ideally before you are charged. If detectives have contacted you, if you have been named as a person of interest, or if someone died in an incident you were part of, you need a lawyer before you give any statement. Early involvement lets your lawyer protect you during questioning, preserve evidence, and in some cases influence the charging decision. Call (713) 222-6767 for a free and confidential consultation.

How Houston Murder Defense Attorney Ned Barnett Can Help

In his career as a Houston criminal defense attorney, Ned Barnett has spent time as both a prosecutor and a defender. With his experience, he can create countermeasures by anticipating the prosecution’s strategy. He has also been certified by the Texas Board of Legal Specialization, a distinction that is appointed to only the most qualified legal professionals. With his help, you may be able to avoid time behind bars.

If you have any questions about your case, schedule a free and confidential consultation with a veteran Houston homicide lawyer. Call the Law Offices of Ned Barnett at (713) 222-6767 today.