Murder Attorney in McAllen, TX

Crimes of murder are the only ones punishable by death in Texas. Even for those murder charges that don’t rise to the level of the death penalty, punishments are severe. Those convicted may not ever be able to return to a life not marked by that crime.

If you have been charged with murder in Edinburg, Mission, McAllen, or anywhere throughout the Rio Grande Valley, you need the most focused criminal defense possible. Whether you are guilty of the charge or innocent of the accusation, you are entitled to an aggressive defense. Set up a consultation with The Law Office of Aaron Fonseca for skilled and uncompromising legal representation for clients charged with crimes, including murder.

Murder Charges in Texas

Homicide is the general term used to refer to killing another person. Murder and manslaughter are types of homicide. Murder involves the element of intent, while manslaughter is unintentional.

There are three types of murder charges:

1. Murder in the first degree involves evidence of premeditation, planning, and deliberation in taking a life.

2. Second-degree murder lacks premeditation and planning but involves evidence of the intent to subject someone to grievous bodily harm.

3. A felony murder charge may be used against someone who killed someone or who was a participant in a felony that resulted in the death of another person.

Conviction penalties may be enhanced if the prosecution can establish aggravating circumstances, such as the murder of a law enforcement officer or emergency responder, or the murder of a child.

Possible Penalties for Texas Murder Convictions

The death penalty is on the table for someone who was at least 18 years of age at the time of the murder and if the murder:

• Involved the death of a law enforcement or corrections officer, emergency responder, or official in their line of duty, the murder of a judge, or of a person under the age of six;

• Occurred during the commission of a crime or during an attempt to escape prison;

• Involved multiple victims;

• Was murder for hire; or,

• Was perpetrated by a prison inmate serving a life sentence for certain crimes

If a first-degree murder conviction does not result in the death penalty, it may carry a prison sentence of life without the possibility of parole and a fine of up to $10,000. Second-degree murder convictions may be punishable by up to 20 years in prison, as well as hefty fines.

Murder Charge Defenses

The defenses you and your attorney can raise will vary based on the circumstances of the evidence against you. However, your attorney will work tirelessly to reduce the charges, no matter what your circumstances are. 

Some potential defenses include:

• You have been mistakenly identified as the perpetrator

• There is a lack of premeditation and planning

• There is a lack of intent to harm which made the death accidental

• You did not know someone you were with intended to kill or was going to behave with wanton disregard for another life

• You acted in self-defense or in defense of someone else in imminent danger;

• You lack the mental capacity to understand the result of your actions

• You killed while under the influence of drugs or alcohol

• You killed in the heat of the moment, provoked by someone else