Capital Murder, Murder, Manslaughter and Criminally Negligent Homicide
There are two groupings of cases that prosecutors focus on the most: ones involving death, like these and sex cases. The reason this is important to know is that if you are charged with one of these offenses, the police and prosecutor’s offices will devote many resources to prosecuting these offenses. This requires a strong defense and often a defense team including experienced trial lawyers, a defense investigator, a DNA expert, a firearms/toolmarks examiner commonly known as a ballistics expert, a medical examiner and a forensic psychologist or psychiatrist.
We have solid trial experience in this area. Steve Brand has tried murder cases on both sides and knows how the prosecution strategizes these cases. He has also had success with two Not Guilty jury verdicts in murder cases and had a Capital Murder case dismissed. (The State Bar of Texas stresses that we must put the disclaimer that every case is fact specific and trial results will vary greatly depending upon the facts of the case as well as many other issues. Therefore, the fact that we have had these successes is far from any prediction of what will happen in your case). We agree with that disclaimer and every case has so many different twists and turns. Some have video evidence. Others have alibi defenses. Some cases have a lot of digital forensic evidence (cell phone records and tower/antennae locations).
We pride ourselves in scouring all of the evidence in the case, going over police body cameras and witness interviews in excruciating detail to try to determine the best possible defense strategy. We also pride ourselves in working with the client because we know that the client has information the other side does not.
These are the cases people watch on real crime TV so there is often a lot that people think they know that we have to explain why it may not be the case. For example, some States prosecute murders based on degrees, 1st Degree Murder, 2nd Degree Murder, etc. Texas does not have those designations. We will walk you and if you’d like, your family through as well, what the exact charge in your case is and how it differs from the other murder-type statutes. Often the difference is the mens rea requirement or in other words, the state of mind of the accused at the time.
One last thing to mention here is that the law of self-defense often plays a huge role in these cases. However, the law of self-defense is extremely complicated. It contains constructs like provocation of the wrongdoing, presumption of having acted reasonably, imperfect self-defense, defense of property and defense of third parties. These are complex issues that take a while to explain. It will help to have an attorney (Steve Brand) Board Certified in Criminal Law navigate this complex area of law and explain it to you to your satisfaction as we build a defense in these cases.
Contact our criminal defense team today by calling (512) 494-4070 or requesting a free consultation online now.