Capital Murder in San Antonio, Texas

Explaining the Different Types of Homicide in Texas

In Texas, there are four main types of homicide: murder, capital murder, manslaughter, and criminally negligent homicide.

Murder is the unlawful killing of another person with malice aforethought, which means that the person was killed with the intention to cause harm or with reckless disregard for human life. Murder is a first-degree felony in Texas and is punishable by 5 to 99 years in prison.

Manslaughter is the unlawful killing of another person without malice aforethought. There are two types of manslaughter in Texas: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter is when a person intentionally or knowingly causes the death of another person in the heat of passion. Involuntary manslaughter is when a person unintentionally causes the death of another person while committing a crime that is not a felony. Both types of manslaughter are second-degree felonies in Texas and are punishable by 2 to 20 years in prison.

Criminal negligent homicide is the unlawful killing of another person through criminal negligence. Criminal negligence is when a person fails to perceive a substantial and unjustifiable risk that their actions will cause the death of another person. Criminal negligent homicide is a state jail felony in Texas and is punishable by 180 days to 2 years in a state jail facility.

Capital murder is the most serious type of murder charge in the state of Texas. It is defined as an intentional murder that is committed under certain circumstances, such as:

1. The murder was committed while committing another felony, such as robbery or kidnapping.

2. The victim was a law enforcement officer or fireman who was acting in the course of their duties.

3. The victim was a public servant, such as a judge or prosecutor, who was killed while performing their official duties.

4. The victim was a witness to a crime and was killed to prevent them from testifying.

5. The victim was a person under the age of six years old.

6. The murder was committed for the purpose of avoiding or preventing a lawful arrest, or to escape custody after having been arrested.

7. The murder was committed in a prison or jail.

If a person is charged with capital murder, they are not eligible for parole and will either receive a sentence of life in prison without the possibility of parole or the death penalty. The decision of whether to seek the death penalty is made by the prosecutor and is based on numerous factors, such as the severity of the crime and the defendant's criminal history.

If a person is charged and convicted of capital murder, they are not eligible for parole and will either receive a sentence of life in prison without the possibility of parole or the death penalty. The decision of whether to seek the death penalty is made by the prosecutor and is based on various factors, such as the severity of the crime and the defendant's criminal history.

Two Phases of a Capital Murder Trial in Texas

In Texas, a capital murder trial is divided into two phases: the guilt phase and the punishment phase.

During the guilt phase, the prosecution presents its case against the defendant and tries to prove beyond a reasonable doubt that the defendant is guilty of capital murder. The defense may also present evidence and argue that the defendant is not guilty. At the end of the guilt phase, the jury must decide whether the defendant is guilty or not guilty of capital murder.

If the jury finds the defendant guilty of capital murder, the trial proceeds to the punishment phase. During the punishment phase, the prosecution and the defense present evidence and argue for or against the imposition of the death penalty. The jury must then decide whether the defendant should be sentenced to death or life in prison without parole.

It is important to note that in Texas, a defendant can be convicted of capital murder only if a jury reaches a unanimous verdict of guilt during the guilt phase. If the jury is unable to reach a unanimous verdict, the trial will result in a mistrial and the prosecution may decide to retry the case.

"Special Issues" During the Sentencing Phase of Trial

In the sentencing phase of a capital murder trial in Texas, the prosecution must present evidence of what are known as "special issues" to the jury to seek the death penalty. These special issues are:

• whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and

• whether, taking into consideration all the evidence, including the circumstances of the offense, the defendant’s character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed.

The prosecution must prove each of these special issues beyond a reasonable doubt to seek the death penalty. If the jury finds that any one of these special issues has been proven, they may impose a sentence of death. If the jury does not find that any of these special issues have been proven, they must impose a sentence of life in prison without the possibility of parole.

If the Prosecution alleges in the guilt/innocence phase of trial that the defendant was a party to the murder, there are additional special issues that the jury must consider in the sentencing phase. These issues are:

• whether the defendant actually caused the death of the deceased;

• if the defendant didn’t directly kill the deceased but intended to or that he intended to kill another;

• if the defendant didn’t directly kill the deceased but knew that someone would likely be killed.

Sudden Passion

Sudden passion is a defense to the charge of murder that does not negate the accused’s guilt but rather reduces the punishment for the offense to that of a second-degree felony. The defense is based on the idea that the defendant acted under the influence of a sudden passion arising from an adequate cause, such as extreme anger or fear.

To use the defense of sudden passion, the defendant must show that they were provoked by the victim or by circumstances that would have caused a reasonable person to act impulsively. The provocation must have been sufficient to arouse an intense passion in the defendant, and the defendant must have acted immediately upon the provocation.

If the defense of sudden passion is successful, the charge of murder will be reduced to a second-degree felony, which carries a maximum sentence of 20 years in prison.

Capital Murder Attorney in San Antonio, Texas

If you have been charged with capital murder in San Antonio, Texas, it is crucial that you have an experienced and skilled attorney to represent you. Board Certified Attorney Brad Thornton is a highly qualified lawyer who has the knowledge and expertise to defend you against these serious charges.

Mr. Thornton is a board-certified criminal law specialist, which means that he has been recognized by the Texas Board of Legal Specialization as having a high level of expertise in criminal law. In addition to his legal knowledge and experience, Mr. Thornton is also known for his compassion and dedication to his clients. He will work tirelessly to protect your rights and defend you against the charges you are facing. If you are facing a capital murder charge in San Antonio, it is in your best interest to contact Mr. Thornton as soon as possible to discuss your options and begin building your defense.