Were you charged with a homicide offense in McKinney, Texas? Homicide charges are the most serious criminal allegations a person can face, carrying penalties up to life in prison or death. Our McKinney homicide lawyers at Chiles McGuire Criminal Law are ready to protect your rights. Call (214) 432-6540 today for a free, confidential consultation.
Why Hire Chiles McGuire Criminal Law for Your McKinney Homicide Case?
You are innocent until proven guilty, but you may need experienced criminal defense attorneys to help ensure you are treated as such by prosecutors and not automatically criminalized based on a charge alone. Chiles McGuire Criminal Law is ready to stand up for you.
Clients across McKinney, TX, choose us because:
- Our firm focuses exclusively on criminal defense, including serious violent crimes
- We have a 5.0-star Google rating based on dozens of client reviews.
- Our attorneys have been recognized by leading organizations like Super Lawyers Rising Stars, Elite Lawyers, and Top 40 Under 40.
- We have years and years of experience with criminal law and procedures
- We offer free, confidential consultations and work directly with you to build a clear defense strategy.
Contact us today to schedule a free case review with a McKinney criminal defense attorney to learn more about your legal options.
Types of Homicide Charges in Texas
Texas law divides homicide offenses into several categories based on the details of the crime. The specific charge depends on the surrounding circumstances.
The main types of homicide charges in Texas include:
- Capital murder: Involves murder with specific aggravating factors, such as killing an on-duty police officer or firefighter, committing murder during certain felonies like robbery or kidnapping, murder for hire, or killing a child under 10 years old.
- Murder: Generally involves intentionally or knowingly causing someone’s death or committing an act clearly dangerous to human life with the intent to cause serious bodily injury that results in death.
- Manslaughter: Involves recklessly causing another person’s death. The defendant must have been aware of a substantial and unjustifiable risk and consciously disregarded it.
- Criminally negligent homicide: Occurs when someone causes another person’s death by failing to recognize a substantial and unjustifiable risk that they should have perceived.
- Intoxication manslaughter: Occurs when someone causes another person’s death by accident or mistake while operating a motor vehicle in a public place while intoxicated.
Prosecutors often file the most serious charge supported by the evidence. A defense lawyer can review the facts to determine what you are facing and whether it can be downgraded to a lesser charge.
Penalties for Texas Homicide Convictions
Texas treats homicide as one of the most serious crimes in its penal code. The penalties vary widely based on the specific charge and the circumstances of the offense.
They include:
- Capital murder: Under Tex. Penal Code § 19.03, capital murder can result almost exclusively in life imprisonment or the death penalty, depending on the circumstances.
- Murder: Under Tex. Penal Code § 19.02, murder is a first-degree felony punishable by 5 to 99 years or life in prison, plus a fine up to $10,000. If the defense proves the killing happened under the immediate influence of sudden passion arising from adequate cause, the offense is punished as a second-degree felony.
- Manslaughter: Manslaughter is a second-degree felony punishable by 2 to 20 years in prison and a fine up to $10,000. It requires reckless behavior rather than intent; this charge may replace a murder charge in some cases.
- Criminally negligent homicide: Criminally negligent homicide is a state jail felony punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. Probation or a lesser misdemeanor charge may be options for first-time offenders in some cases.
- Intoxication manslaughter: Intoxication manslaughter is a second-degree felony carrying 2 to 20 years in prison. If the victim was an emergency worker or officer acting in the line of duty, the charge increases to a first-degree felony with a maximum sentence of life in prison.
A conviction usually results in a long prison sentence, heavy fines, and a permanent criminal record. In capital cases, the state can seek the death penalty if specific legal factors apply.
Collateral Consequences of a Texas Homicide Conviction
A prison sentence is only the start of the consequences for a homicide conviction. The collateral effects can follow you long after any sentence is served and can affect nearly every aspect of your life.
A felony homicide conviction in Texas can result in:
- Permanent loss of the right to vote while incarcerated or on parole
- Restrictions on firearm possession under state and federal law
- Loss of professional licenses in certain fields
- Disqualification from many jobs, housing opportunities, and federal benefits
- Immigration consequences for non-citizens, including deportation
- Loss of parental rights or significant limits on custody and visitation
- Social stigma and lasting damage to personal and professional relationships
These consequences apply even after you complete your sentence. Fighting the charge is the only reliable way to protect your future from long-tail collateral harm.
The Role of a Grand Jury in Texas Homicide Cases
Felony homicide charges in Texas must be presented to a grand jury before the case can proceed to trial. The grand jury reviews the state’s evidence and decides whether probable cause exists to issue an indictment.
Grand jury proceedings happen in private, and the defendant typically does not appear. However, an experienced McKinney criminal defense lawyer can sometimes submit a letter or ask to testify in an effort to persuade the grand jury to return a no-bill. A no-bill means the grand jury declines to indict and the case ends at that stage.
Common Defenses to Homicide Charges in Texas
Every homicide case is unique, and the best defense strategy depends on the facts of the charge. In all cases, prosecutors must prove every element of the crime beyond a reasonable doubt.
The strongest defenses to homicide charges include:
- Self-defense or defense of others: Under Texas Penal Code Chapter 9, deadly force may be justified when a person reasonably believes it is immediately necessary to protect themselves or another person from unlawful deadly force. Texas stand-your-ground laws and the castle doctrine can also eliminate the duty to retreat in certain circumstances.
- Lack of the required mental state: Prosecutors must prove the mental state required for the charged offense, such as intent, knowledge, recklessness, or criminal negligence. Challenging evidence of intent may support a reduction from murder to a lesser homicide offense.
- Accident or lack of causation: Not every death caused by another person constitutes a crime. The defense may challenge whether the defendant’s conduct caused the death or whether the prosecution can establish the required criminal culpability.
- Misidentification and alibi: Eyewitnesses can mistakenly identify a suspect. Defense attorneys may challenge identification procedures, present evidence implicating another person, or establish that the defendant was elsewhere when the killing occurred.
- Constitutional and procedural defenses: Illegal searches, Miranda violations, and other constitutional violations may provide grounds to suppress evidence or statements, potentially weakening the prosecution’s case.
Your lawyer will evaluate the unique facts of your case to identify one or more defense strategies available for your case.
Contact a McKinney Homicide Attorney Today for Assistance
A homicide charge in McKinney, Texas, puts everything on the line and pits seemingly everyone against you. You need a defense team ready to fight for you when the odds seem stacked against you.
Chiles McGuire Criminal Law is ready to challenge the charges against you and pursue the strongest possible outcome. Call today to schedule a free, confidential consultation with a McKinney homicide attorney.
