This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
A murder charge is one of the most serious criminal allegations under Texas law. A conviction can result in decades in prison, life imprisonment, or even life without parole in certain capital murder cases. If you have been accused of murder, an experienced Austin murder defense attorney can protect your rights, challenge the prosecution's evidence, and build the strongest defense possible.
At LaVine Law Firm, we defend clients throughout Austin facing murder and other serious felony charges. We understand what is at stake and provide aggressive representation from the earliest stages of the investigation through trial when necessary.
Call 713-965-7305 today for a free consultation with an experienced Austin murder defense attorney.
Murder cases require immediate action and a thorough investigation. The prosecution often relies on witness testimony, forensic evidence, digital evidence, and statements made during the investigation. At LaVine Law Firm, we carefully examine every aspect of the State's case to identify weaknesses and protect your constitutional rights.
Our legal team investigates the facts, reviews police procedures, analyzes forensic evidence, consults with independent experts when appropriate, challenges unlawfully obtained evidence, negotiates with prosecutors when it serves your best interests, and prepares every case for trial. We build defense strategies tailored to the unique facts of each case because no two murder prosecutions are alike.
Under Texas Penal Code § 19.02, murder may be charged in several different ways depending on the circumstances surrounding the alleged offense. Prosecutors must prove every required element beyond a reasonable doubt before a conviction can be obtained.
A person may be charged with murder if they allegedly:
Because every murder case involves different facts, the specific allegations can significantly affect both the defense strategy and the potential penalties.
Although both offenses involve the unlawful killing of another person, murder and capital murder are separate crimes under Texas law and carry very different penalties.
Most murder charges are prosecuted under Texas Penal Code § 19.02. These cases generally involve allegations that a person intentionally or knowingly caused another person's death, intended to cause serious bodily injury that resulted in death, or committed felony murder. Murder is generally classified as a first-degree felony.
Capital murder carries different punishments depending on the defendant's age and whether the State seeks the death penalty. For an adult who was at least 18 at the time of the offense, a capital murder conviction can result in life imprisonment without parole or, in cases where Texas law permits and prosecutors seek it, the death penalty.
Different sentencing rules apply when the defendant was younger than 18 at the time of the offense.
The penalties for murder depend on whether the offense is charged as murder or capital murder.
Murder is generally a first-degree felony punishable by:
If the defendant proves at the punishment stage that the death occurred under the immediate influence of sudden passion arising from adequate cause, the offense may instead be punished as a second-degree felony.
Capital murder is punishable by:
A murder arrest begins a complex criminal process that may take months or even years to resolve. Understanding what happens next can help you make informed decisions while your case is pending.
Following an arrest, law enforcement will process you through booking, collect identifying information, and typically hold you in custody until a magistrate addresses issues such as bail, if bail is available under the circumstances.
Murder and capital murder are specifically covered by Texas's current constitutional rules governing denial of bail. After a hearing, bail must be denied when prosecutors establish the applicable constitutional standard showing that release would be insufficient to reasonably prevent willful nonappearance or reasonably ensure the safety of the community, law enforcement, and the alleged victim. Whether bail remains available therefore depends on the charge, evidence presented at the bail hearing, and other applicable Texas law.
In felony cases, prosecutors generally present evidence to a grand jury, which decides whether sufficient evidence exists to return an indictment. Without an indictment, the prosecution generally cannot proceed to trial on a felony charge.
Once formal charges have been filed, both sides exchange evidence, file legal motions, and prepare for trial. During this stage, your attorney may challenge evidence, seek dismissal of unlawful evidence, negotiate with prosecutors when appropriate, and continue investigating the facts surrounding your case.
Every murder case is different, and the strongest defense depends on the facts, the available evidence, and how law enforcement conducted the investigation. Prosecutors have the burden of proving every element of the offense beyond a reasonable doubt, and an experienced defense attorney can challenge whether they have met that burden.
Potential defenses may include:
Texas law allows the use of force, and in some situations, deadly force, when it is legally justified. If you acted to protect yourself against another person's unlawful use or attempted use of force, self-defense may be available depending on the circumstances.
A person may also be justified in using force to protect another individual under certain circumstances. Whether this defense applies depends on the specific facts of the case and the requirements of Texas law.
Many murder charges require prosecutors to prove that the defendant acted intentionally or knowingly. If the evidence does not establish the required mental state, the prosecution may have difficulty proving the charge as filed.
Eyewitness identifications, surveillance footage, and other evidence are not always reliable. In some cases, witnesses make mistakes, or someone is falsely accused of committing the offense. A thorough investigation may uncover evidence identifying another suspect or casting doubt on the prosecution's case.
Evidence obtained through an unlawful search, an illegal seizure, or a violation of your constitutional rights may be challenged in court. If key evidence is suppressed, it can significantly affect the prosecution's ability to proceed.
Yes, depending on the facts of the case. A murder charge does not automatically result in a conviction, and there are circumstances where the evidence may support a lesser charge, dismissal of certain allegations, or another favorable resolution. However, these outcomes depend on the strength of the evidence and the specific facts of each case, they are never guaranteed.
A reduction or dismissal may be possible when:
An experienced Austin murder defense attorney can evaluate the evidence, identify weaknesses in the State's case, and pursue every available legal strategy to protect your rights.
The earliest stages of a murder case are often the most important. Critical evidence can disappear, surveillance footage may be overwritten, and witnesses' memories can fade over time. Beginning an independent investigation as soon as possible allows your defense team to preserve evidence and identify facts that may support your case.
Early investigation may include reviewing the crime scene, interviewing witnesses, preserving digital evidence, consulting forensic experts, and examining law enforcement procedures. Taking prompt action can make a significant difference in building a strong defense.
Murder and capital murder are felony offenses, so Austin cases are prosecuted by the Travis County District Attorney's Office and handled in the Travis County criminal district courts. Travis County currently has nine district courts dedicated to criminal matters, along with a district magistrate court.
The court handling the case can affect scheduling, pretrial hearings, bond proceedings, discovery, and trial preparation. An attorney defending an Austin murder allegation should understand both Texas homicide law and the procedures used in the Travis County felony court system.
A murder charge demands experienced, strategic, and aggressive legal representation. At LaVine Law Firm, we understand the life-changing consequences these allegations carry, and we are committed to protecting our clients' constitutional rights at every stage of the criminal process.
Our attorneys thoroughly investigate every case, carefully analyze the prosecution's evidence, work with qualified experts when necessary, and prepare each case for trial. We provide straightforward guidance, keep you informed throughout your case, and fight tirelessly for the best possible outcome.
If you are under investigation for murder or have already been charged, do not wait to seek legal representation. An experienced Austin murder defense attorney can protect your rights, begin building your defense immediately, and guide you through every stage of the criminal process.
At LaVine Law Firm, we proudly defend clients throughout Austin facing murder and other serious felony charges. Call 713-965-7305 today to schedule a free consultation with an experienced Austin murder defense attorney and discuss your legal options.
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