San Antonio Murder Defense Attorney
Former Chief Prosecutor & Board-Certified Criminal Law Specialist Defending Your Freedom Against Homicide Charges in Bexar County
Facing a murder charge in San Antonio is the single most critical legal crisis of your life. Under Texas law, a conviction carries life-altering consequences—including up to 99 years or life in state prison without the possibility of regular probation.
When the state brings its full resources against you, you need an aggressive, trial-tested defense. Attorney Brad Thornton is a Board-Certified Criminal Law Specialist and former Chief Prosecutor who has spent over a decade in Texas courtrooms trying the toughest, highest-stakes violent crime cases. He understands how the Bexar County District Attorney’s Office builds murder cases—and, more importantly, how to deconstruct their evidence to protect your rights, freedom, and future.
Why Hire Board-Certified Former Prosecutor Brad Thornton?
When you or a loved one is accused of murder, generic legal representation is not enough. You need specialized courtroom experience.
- Board Certified in Criminal Law: Less than 1% of active attorneys in Texas hold Board Certification in Criminal Law from the Texas Board of Legal Specialization. This designation recognizes substantial trial experience, rigorous peer review, and proven expertise in criminal jurisprudence.
- Former Chief Prosecutor Insight: As a former chief prosecutor in South Texas, Brad Thornton led major felony prosecutions—from initial arrest and grand jury indictment to jury trial and appeal. As an experienced San Antonio criminal defense attorney, he knows the prosecution’s playbook, forensic investigation methods, and witness evaluation strategies from the inside.
- Over 100 Jury Trial Victories: Brad has litigated complex felony cases across Bexar County and South Texas. He prepares every case as if it is going to trial, ensuring maximum leverage during negotiations or in front of a jury.
Client Reviews and Testimonials
Read what previous clients have said about their experience with Thornton Criminal Defense.
Understanding Murder Charges Under Texas Penal Code § 19.02
Under Texas Penal Code § 19.02, murder is a severe felony offense distinct from other forms of criminal homicide covered under Texas homicide laws, such as manslaughter or criminally negligent homicide.
Texas law defines murder under three distinct statutory provisions. A person commits murder if they:
- Intentionally or Knowingly Cause Death: Intentionally or knowingly cause the death of an individual (TPC § 19.02(b)(1)).
- Intend Serious Bodily Injury: Intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual (TPC § 19.02(b)(2)).
- The Felony Murder Rule: Commit or attempt to commit a felony (other than manslaughter), and in the course of and in furtherance of the offense—or in immediate flight—commit an act clearly dangerous to human life that causes death (TPC § 19.02(b)(3)).
How Does Murder Differ From Capital Murder, Manslaughter & Negligent Homicide?
Under Texas law, homicide charges are categorized strictly by the alleged intent and circumstances surrounding the incident:
- Capital Murder (TPC § 19.03):
Involves specific statutory aggravating factors—such as killing a law enforcement officer, committing murder during a kidnapping or robbery, or causing multiple deaths. Capital murder is punishable by life in prison without parole or the death penalty. - Manslaughter (TPC § 19.04):
Involves causing the death of an individual through reckless behavior rather than intentional malice. Manslaughter is classified as a second-degree felony punishable by 2 to 20 years in state prison. - Criminally Negligent Homicide (TPC § 19.05):
Occurs when a death results from criminal negligence—a gross deviation from the standard of care a reasonable person would exercise. Classified as a state jail felony (180 days to 2 years incarceration).
Penalties for Murder in Texas: Severe Sentencing & Parole Restrictions
In Texas, murder is classified as a First-Degree Felony. The statutory punishment range includes:
- Incarceration: 5 to 99 years, or Life in Texas Department of Criminal Justice (TDCJ) state prison.
- Fines: Up to $10,000.
| Offense Level | Prison Sentence | Maximum Fine & Restrictions |
|---|---|---|
| Offense Level First-Degree Felony (Murder) |
Prison Sentence 5 to 99 Years (or Life in TDCJ) |
Maximum Fine & Restrictions Up to $10,000 | No Probation (Art. 42A.054) |
| Offense Level Second-Degree Felony (Sudden Passion) |
Prison Sentence 2 to 20 Years in Prison |
Maximum Fine & Restrictions Up to $10,000 | Case-Specific Eligibility |
Crucial Texas Parole & Probation Restrictions
If you are facing murder charges in San Antonio, you must understand two unique aspects of Texas sentencing law:
- No Court-Ordered Probation: Under Texas Code of Criminal Procedure Art. 42A.054 (formerly known as “3G” offenses), a judge or jury cannot award probation upon a conviction for murder.
- Strict Parole Eligibility: Murder convictions are subject to mandatory minimum serving periods. Under Texas law, a person convicted of murder must serve at least 30 calendar years—or half of their actual sentence, whichever is less—before becoming eligible to be considered for parole (without accounting for good conduct time).
Building a Strategy: Defenses to Murder in Bexar County
Defending against a murder charge requires immediate investigation, expert witness collaboration, and deep mastery of Texas criminal procedure. Depending on the specific facts of your case, key defense strategies include:
1. Self-Defense & Castle Doctrine (TPC § 9.31 & § 9.32)
Under Texas law, you have the right to use deadly force to protect yourself or a third person if you reasonably believe deadly force is immediately necessary to protect against another’s use or attempted use of unlawful deadly force. Texas enforces “Stand Your Ground” principles—meaning you have no duty to retreat if you are in a place where you have a right to be and were not engaged in criminal activity.
2. Defense of Others & Property (TPC § 9.33 & § 9.42)
Deadly force may also be legally justified to protect another innocent individual or to prevent the commission of violent crimes like aggravated robbery, burglary, or sexual assault.
3. Lack of Intent / Culpable Mental State
To secure a murder conviction under TPC § 19.02(b)(1), the prosecution must prove beyond a reasonable doubt that you possessed the requisite intentional or knowing mental state. Demonstrating that the death was accidental, an unforeseen incident, or resulted from non-reckless conduct can lead to dropped charges or reduction to lesser offenses.
4. Constitutional & Forensic Defense
We aggressively challenge how law enforcement gathered evidence in your case. If the San Antonio Police Department (SAPD) or Bexar County Sheriff’s Office violated your 4th or 5th Amendment rights—via illegal search and seizure, coerced confessions, or improper interrogation—we move to suppress that evidence. Furthermore, we scrutinize ballistics, DNA analysis, cell tower data, and autopsy findings for flaws or misinterpretations.
The “Sudden Passion” Mitigation Defense (TPC § 19.02(d))
If a case proceeds to trial and a guilty verdict is returned, Texas law provides a vital statutory mitigation strategy during the punishment phase: Sudden Passion.
Under Texas Penal Code § 19.02(d), if the defense proves by a preponderance of the evidence that the defendant acted under the immediate influence of sudden passion arising from an adequate cause:
- The offense level is reduced from a First-Degree Felony to a Second-Degree Felony.
- The potential prison sentence drops dramatically from 5–99 years / Life down to 2 to 20 years in prison.
- Adequate Cause: A cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
- Sudden Passion: Passion directly caused by and arising out of provocation by the victim (or someone acting with the victim) at the time of the offense.
Navigating the Bexar County Criminal Justice Process
From the moment an incident occurs, time is working against you. Here is what to expect in the San Antonio court system:
- Magistration & Bail Hearings: Following an arrest, you will be taken to the Bexar County Magistrate Search & Detention Center. Securing reasonable bail or writ conditions is critical to building your defense from the outside.
- Grand Jury Proceedings: In Texas, felony charges must be presented to a grand jury. We frequently present exculpatory evidence or defense packets to the Bexar County Grand Jury to push for a “No Bill” (dismissal of charges prior to formal indictment).
- Pre-Trial Motion Hearings: Litigated at the Bexar County Justice Center (300 Dolorosa St, San Antonio), where we challenge state evidence, police conduct, and witness credibility.
- Jury Trial: Presenting a compelling defense strategy before a Bexar County jury.
Frequently Asked Questions About San Antonio Murder Defense
Can you get probation for a murder charge in Texas?
No. Under Texas Code of Criminal Procedure Art. 42A.054, murder is explicitly excluded from judge- or jury-ordered community supervision (probation) upon conviction.
How much bail is set for a murder charge in San Antonio?
Bail for murder charges in Bexar County often ranges from $250,000 to over $1,000,000, depending on the alleged circumstances, prior record, and perceived flight risk. An experienced defense attorney can request a bail reduction hearing to seek manageable conditions or bond amounts.
What is the difference between Murder and Manslaughter in Texas?
The primary difference is intent. Murder requires an intentional or knowing act to cause death or serious bodily injury. Manslaughter (TPC § 19.04) requires proving that the accused acted recklessly—meaning they consciously disregarded a substantial and unjustifiable risk.
How does Texas's "Stand Your Ground" law apply to murder accusations?
Texas law does not require a person to retreat before using force or deadly force if: (1) you had a legal right to be at the location, (2) you did not provoke the person against whom force was used, and (3) you were not engaged in criminal activity at the time.
Take Immediate Action: Request a Free, Confidential Consultation
If you or a loved one are being investigated for or charged with murder in San Antonio or South Texas, do not speak to law enforcement without an attorney present. Anything you say can and will be used against you.
Put a Board-Certified Criminal Law Specialist and Former Chief Prosecutor in your corner today.
- Call Us 24/7: (210) 439-5627
- San Antonio Office: 1800 McCullough Ave, San Antonio, TX 78212
- Atascosa Office: 216 N Bryant St, Pleasanton, TX 78064
