San Antonio Homicide Crimes Attorney
Board-Certified Criminal Law Specialist & Former Chief Prosecutor Defending Clients Against All Homicide Allegations in Bexar County & South Texas
Under Texas law, homicide accusations represent the most severe legal crisis an individual can face. A conviction for a homicide crime can result in decades in state prison, a lifetime without parole, or even the death penalty. When your life and freedom are on the line, you cannot afford generic legal representation.
At Thornton Criminal Defense, we provide strategic, relentless defense for individuals facing every category of criminal homicide in San Antonio. Led by San Antonio criminal defense attorney Brad Thornton—a Board-Certified Specialist in Criminal Law and Former Chief Prosecutor—our firm brings insider knowledge of how the Bexar County District Attorney’s Office investigates, builds, and tries violent crime cases.
Call (210) 439-5627 for a Free, Confidential Case Evaluation
Why Choose Board-Certified Former Prosecutor Brad Thornton?
When fighting a homicide indictment, the qualifications of your trial attorney can mean the difference between freedom and a life sentence. Attorney Brad Thornton offers distinct trial advantages that few law firms in Texas can match:
- Board Certified in Criminal Law: Less than 1% of practicing Texas attorneys earn Board Certification in Criminal Law from the Texas Board of Legal Specialization. This credential signifies master-level courtroom experience and proven legal competence.
- Former Chief Prosecutor Advantage: Brad Thornton spent years prosecuting major felony offenses—from initial arrest and grand jury presentations to multi-week jury trials and appeals. He understands prosecution playbooks, forensic evidence vulnerabilities, and police procedure flaws from the inside.
- Proven Track Record in High-Stakes Trials: With over 100 jury trials under his belt, Brad prepares every homicide case as if it will be decided by a jury, giving you maximum leverage during pre-trial negotiations and grand jury proceedings.
Understanding Homicide Offenses Under the Texas Penal Code
In Texas, “homicide” is an umbrella term covering four distinct statutory offenses under Chapter 19 of the Texas Penal Code. The exact charge filed by prosecutors depends entirely on the alleged mental state (intent, recklessness, or negligence) and specific aggravating circumstances.
Explore our detailed guides below for each specific category of homicide in San Antonio:
1. Capital Murder (TPC § 19.03)
The most severe offense under Texas law, Capital Murder involves intentionally causing death under specific statutory circumstances—such as killing a law enforcement officer, committing murder during a kidnapping or robbery, or causing multiple deaths. Punishable strictly by Life in Prison Without Parole or the Death Penalty.
Learn more about Capital Murder Defense →
2. Murder (TPC § 19.02)
Occurs when an individual intentionally or knowingly causes a death, intends to cause serious bodily injury resulting in death, or causes death while committing a felony (Felony Murder). Classified as a First-Degree Felony punishable by 5 to 99 years or Life in TDCJ prison.
Learn more about First-Degree Murder Defense →
3. Manslaughter (TPC § 19.04)
Unlike murder, manslaughter does not require proof of intent. Instead, it involves causing the death of another individual through reckless behavior—consciously disregarding a substantial and unjustifiable risk. Classified as a Second-Degree Felony punishable by 2 to 20 years in prison.
Learn more about Manslaughter Defense →
4. Criminally Negligent Homicide (TPC § 19.05)
Committed when a death results from criminal negligence—a gross deviation from the standard of care that a reasonable person would exercise, caused by an obliviousness to substantial risk. Classified as a State Jail Felony punishable by 180 days to 2 years incarceration.
Texas Homicide Statutory Punishment Matrix
Sentencing for homicide convictions in Texas varies significantly based on the degree of the offense and statutory enhancements:
| Offense Category | Texas Classification | Prison Sentence | Maximum Fine |
|---|---|---|---|
| Offense Category Capital Murder |
Texas Classification Capital Felony |
Prison Sentence Life Without Parole OR Death Penalty |
Maximum Fine Up to $10,000 |
| Offense Category Murder |
Texas Classification First-Degree Felony |
Prison Sentence 5 to 99 Years or Life in Prison |
Maximum Fine Up to $10,000 |
| Offense Category Manslaughter |
Texas Classification Second-Degree Felony |
Prison Sentence 2 to 20 Years in Prison |
Maximum Fine Up to $10,000 |
| Offense Category Criminally Negligent Homicide |
Texas Classification State Jail Felony |
Prison Sentence 180 Days to 2 Years State Jail |
Maximum Fine Up to $10,000 |
Affirmative Defenses & Trial Strategies for Homicide Charges
Defending against a homicide accusation requires immediate tactical action. Attorney Brad Thornton conducts independent defense investigations, subpoenaing surveillance footage, analyzing ballistics and forensic biology, and challenging police interrogation techniques. Common statutory defenses in Texas include:
1. Self-Defense & “Stand Your Ground” (TPC § 9.31 & § 9.32)
Texas law explicitly recognizes your right to protect yourself or another person with deadly force if you reasonably believe it is immediately necessary to prevent another’s unlawful use of deadly force. Under Texas “Stand Your Ground” provisions, you have no duty to retreat if you are legally present and not engaged in criminal activity.
2. Defense of Others & Defense of Property (TPC § 9.33 & § 9.42)
Deadly force can be legally justified to prevent the imminent commission of violent felonies such as aggravated robbery, burglary, kidnapping, or sexual assault against yourself or innocent third parties.
3. Lack of Culpable Mental State or Accidental Death
Prosecution teams must prove intent or recklessness beyond a reasonable doubt. Demonstrating that an incident was a tragic accident without criminal recklessness or negligence can lead to grand jury “No-Bills,” reduced charges, or full acquittals.
4. Constitutional Suppression Motions
If law enforcement officers from the San Antonio Police Department (SAPD) or Bexar County Sheriff’s Office violated your 4th, 5th, or 6th Amendment rights—via unlawful searches, illegal arrest warrants, or unconstitutional questioning—we fight to suppress key evidence before trial.
Client Reviews and Testimonials
Read what previous clients have said about their experience with Thornton Criminal Defense.
Frequently Asked Questions About Texas Homicide Law
What is the difference between Murder and Manslaughter in Texas?
The core distinction lies in the defendant's mental state. Murder requires proof of intent or knowledge to cause death or serious bodily harm. Manslaughter requires proof of recklessness—acting with disregard for a known, substantial risk without intending to cause death.
Can a Bexar County Grand Jury dismiss homicide charges before trial?
Yes. Before a felony case goes to trial in San Antonio, prosecutors must present it to a Grand Jury. An experienced criminal defense attorney can prepare a compelling defense packet to present to the Grand Jury, advocating for a "No-Bill" (full dismissal of charges).
Is probation possible for a homicide charge in San Antonio?
Under Texas Code of Criminal Procedure Art. 42A.054, judge-ordered community supervision (probation) is legally barred for murder and capital murder convictions. However, probation may be available under specific circumstances for lesser offenses like manslaughter or criminally negligent homicide if awarded by a jury.
What should I do immediately if San Antonio law enforcement suspects me of a homicide?
Incurring a homicide investigation requires immediate invocation of your 5th Amendment right to remain silent. Do not answer questions or give statements to police detectives without a defense lawyer present. Contact a Board-Certified defense attorney immediately.
Contact Board-Certified Homicide Attorney Brad Thornton Today
If you or a family member are facing a homicide investigation or formal charges in Bexar County, Atascosa County, or anywhere in South Texas, immediate legal intervention is critical.
Put a Board-Certified Criminal Law Specialist and former Chief Prosecutor on your side to protect your constitutional rights, your reputation, and your future.
- Direct Office Line (24/7): (210) 439-5627
- San Antonio Law Office: 1800 McCullough Ave, San Antonio, TX 78212
- Atascosa County Office: 216 N Bryant St, Pleasanton, TX 78064
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