Frisco, TX Murder Defense Lawyers

Experienced Attorneys Defending Clients Facing Homicide Charges in Frisco, Texas

Homicide charges are among the most serious criminal offenses anyone can face in Texas. Whether a person is facing a charge of murder, capital murder, manslaughter, or criminally negligent homicide, the stakes are high. A conviction can result in decades behind bars, a life sentence, or even the death penalty. For anyone who has been accused of causing the death of another person, legal representation is essential.

The attorneys at Barbieri Law Firm are prepared to provide an aggressive and thorough defense for clients in Frisco who have been charged with murder or related homicide offenses. We understand the gravity of these charges, and we will work tirelessly to investigate the facts, challenge the prosecution's case, and pursue every available legal strategy to protect the rights and future of our client.

Murder Charges Under Texas Law

Under Texas Penal Code §19.02, a person may be charged with murder if they:

• Intentionally cause the death of another person
• Take actions that are intended to cause a person to suffer a serious bodily injury that result in the person's death
• Cause the death of another person while committing or attempting to commit a felony offense

Murder is typically charged as a first-degree felony. A conviction carries a penalty of five to 99 years in prison. In cases where murder was committed due to the influence of "sudden passion" rather than being premeditated, murder may be charged as a second-degree felony, and a conviction may lead to a sentence of two to 20 years.

Capital Murder Charges

A murder charge may be elevated to capital murder under Texas Penal Code §19.03 in certain circumstances, such as:

• A person allegedly committed a murder intentionally while committing or attempting to commit certain felonies, including kidnapping, robbery, aggravated sexual assault, or arson
• Murder was allegedly committed for hire
• More than one person was allegedly killed at the same time or as part of the same course of conduct
• The alleged victim was a firefighter or peace officer who was on duty at the time of the offense
• The alleged victim was a judge, and the murder was allegedly committed in retaliation for decisions they made in court proceedings
• The alleged victim was under the age of 15
• The defendant was incarcerated and allegedly committed the murder while in prison or while escaping or attempting to escape from prison

Capital murder may be punishable by life in prison without the possibility of parole or the death penalty.

Manslaughter and Criminally Negligent Homicide

Not all homicide charges involve an intent to kill. In some cases, prosecutors may pursue lesser charges based on recklessness or negligence.

Charges of manslaughter (Texas Penal Code §19.04) may apply when a person is accused of recklessly causing someone else's death. This means the person was aware of a substantial risk that their actions could cause death but consciously disregarded those risks. Examples may include fatal car crashes involving excessive speed or reckless behavior. Manslaughter is charged as a second-degree felony in most cases.

Charges of criminally negligent homicide (Texas Penal Code §19.05) may apply if a person is accused of causing someone's death through negligent behavior. A person may be charged with this offense if a reasonable person should have been aware of actions that could put someone at risk of being killed. This offense is a state jail felony, and it may be punishable by a sentence of 180 days to two years.

Defense Strategies for Murder and Homicide Charges

The attorneys at Barbieri Law Firm will take steps to address the specific facts, evidence, and legal issues involved in a case where a person is accused of homicide. Defending against murder charges requires a thorough understanding of forensic science, legal procedures, and other factors that may affect these cases. We may use defenses such as:

• Self-Defense or Defense of Others: We may argue that a person used reasonable force in response to a perceived threat and that their actions were legally justified. Texas law recognizes the right to use deadly force under certain circumstances.
• Lack of Intent: For murder charges, the prosecution must prove that the accused intended to cause death or serious injury. If the evidence does not show that a person intended to cause harm, we may argue to have the charge reduced to manslaughter or another lesser offense.
• Mistaken Identity or False Accusation: In cases involving circumstantial evidence, witness misidentification, or unreliable testimony, our lawyers may argue that the accused was not the person who committed the act in question.
• Insufficient Evidence: The prosecution has the burden of proving each element of the offense beyond a reasonable doubt. Our attorneys may challenge the credibility of witnesses, the reliability of forensic evidence, or the interpretation of events to demonstrate our client's innocence.
• Mental State or Insanity Defense: If the defendant was suffering from a severe mental illness at the time of the offense and could not distinguish right from wrong, our lawyers may argue that our client should not be held criminally responsible for their actions.
• Challenging Forensic Evidence: Forensic analysis plays a critical role in homicide investigations. Our attorneys can work with independent experts to review evidence such as autopsy reports, DNA testing, ballistics, and toxicology to uncover potential errors or alternative explanations.
• Negotiation and Plea Agreements: In some cases, our lawyers may negotiate with prosecutors to reduce charges or penalties, especially when the evidence is contested or our client has no prior criminal history. A plea to a lesser offense may help avoid the most severe penalties.

Contact Our Frisco Murder Defense Attorneys

When facing murder or homicide charges, it is important to take immediate action after an arrest or learning about an investigation. The attorneys at Barbieri Law Firm are prepared to stand by our clients and fight to protect their freedom, their rights, and their future. Contact our Frisco, TX homicide defense lawyers at 972-424-1902 to set up a free and confidential consultation.