Murder

Murder Attorney in Plano, TX

How Serious are Murder Charges in Texas?

Murder is often considered one of the worst crimes a person can commit. Taking another life is one of humanity’s oldest taboos and is the first recorded crime in many world cultures. While even severe property damage can ultimately be replaced, people can’t. Because of the severity of murder charges, murder carries the harshest penalties imaginable. In states like Texas, that not only means life in prison, but also the death penalty. As of 2026, Texas holds the record for having carried out more executions than any other state in America. Although the frequency of executions has steadily declined over the last twenty years, Texas is not shy about putting convicted murderers to death.

Because of its desire to appear “tough on crime,” Texas is particularly aggressive in pursuing murder convictions. Even though death sentences are rarer than they once were, there are currently almost 200 people on Texas’s death row. Even if someone is able to avoid the death penalty, they may face life without the possibility of parole. Depending on a person’s age, this could mean spending decades behind bars. Someone sentenced to life in their 20s could reasonably expect to spend the next 50 to 60 years locked up. Don’t let this happen to you or a loved one. If you’ve been arrested for murder, don’t hesitate; contact the experienced attorneys at Wilder Law Firm today.

What is Considered Murder in Texas?

Murder is a type of homicide. Homicide is the taking of another person’s life. Under Texas Penal Code Chapter 5, Title 19, homicide is divided into four categories: Murder, Capital Murder, Manslaughter, and Negligent Homicide. Manslaughter and Negligent Homicide both involve circumstances in which the person did not necessarily intend to harm someone else, and death was the result of negligence or recklessness.

Murder is the intentional taking of another person’s life, or engaging in actions a person should reasonably have known could result in someone else’s death. For example, drug dealers may be convicted of murder if they knowingly delivered dangerous substances to someone, and the person later died as a result of using them. You may also be charged with murder if someone dies during the commission of a felony, even if the death is accidental or not directly your fault.

Capital murder is a more serious charge levied under certain extreme circumstances. While someone convicted of murder is eligible for life in prison, someone charged with capital murder may face the death penalty. Someone may be tried with capital murder if they:

  • Killed a Police Officer or Fireman in the Line of Duty
  • Killed Someone in the Course of Committing a Felony
  • Killed in Exchange for Money, Goods, or Services
  • Killed Someone While Escaping from Jail or Prison
  • Killed Another Inmate or Correctional Officer While Incarcerated
  • Killed a Child Under Ten
  • Killed Multiple People

Any action that results in the death of another person may result in murder charges in Texas. The State of Texas values its “tough on crime” reputation, and in many instances would rather err on the side of caution. If someone is suspected of taking another life, there is a good chance Texas will try them for murder. Remember, it’s not a prosecutor’s job to determine guilt or innocence. If there is evidence to suggest someone may have committed murder, a prosecutor will use that evidence to build a case. This is why, if you or a loved one has been charged with murder, you must contact one of our experienced and dedicated defense attorneys. A defense attorney may be all that stands between you and life (or death) in the Texas prison system.

Is Self-Defense a Valid Defense Against Murder Charges in Texas?

Although Texas is aggressive in its prosecution of murder cases, there are multiple defenses available. People are still considered innocent until proven guilty, and a defense attorney can help craft a solid defense that reflects the facts of your case.

One of the most effective and common defenses to murder charges in Texas is self-defense. Under Texas law, you are permitted to use deadly force to protect yourself, others, and your home from imminent bodily harm. To successfully establish self-defense, you must prove that there was an imminent threat to your life or safety, or that you were about to be the victim of a violent felony. You must also not have been committing a crime or have provoked the other person.

For example, if someone attempted to carjack you with a weapon, and you fatally shot that person, you would probably be able to establish that it was self-defense. However, if you were attempting to carjack someone else, and that person pulled a gun on you, so you shot and killed them, the argument of self-defense is no longer valid. Similarly, if you strike another person or antagonize them to the point they become physically violent, and then you kill them, you would probably not be able to argue self-defense.

You may also be able to argue self-defense if you killed someone in the course of protecting private property. Texas is especially protective of people’s personal property. Under certain circumstances, the State of Texas considers it a valid defense to murder charges if you killed someone in the course of attempting to damage or steal your property. For example, if you killed someone in the course of a burglary or committing arson, you may be able to argue self-defense. Under other circumstances, you may still be able to argue self-defense even if the person was not actively destroying or stealing your property. If someone commits burglary or arson at night and then flees, and you kill them in the course of pursuing them, you may still be able to argue self-defense. This defense is only valid if the crime was committed at night.

These are only a few ways in which self-defense may be used as an effective defense against murder charges. An experienced attorney can determine if this is the most effective route forward and help craft a custom defense strategy.

What Are Other Defenses to Murder in Texas?

While self-defense is the most common murder defense in Texas, there are multiple potential routes to take.

Mistaken identity is another common defense. This means you simply did not commit the crime, and the police have arrested the wrong person. It is not uncommon for police to arrest innocent people in the course of a murder investigation. Because of the severity of the crime, there is often extreme external pressure from victims’ families, the media, and other law enforcement personnel to “bring the killers to justice.” This can result in lax policing and sloppy arrests. If a prosecutor thinks they can secure a conviction based on available evidence, no matter how flimsy, they will often pursue a case. If you did not commit the murder, a defense attorney can review available evidence and help craft a case to convince the jury of your innocence.

Accidental death is another valid defense. Manslaughter and negligent homicide are only valid charges if your actions resulting in someone else’s death were careless or reckless. If you were behaving responsibly and did something that accidentally resulted in someone else’s death, an attorney can argue that you should not be charged with murder. For example, suppose you were driving at or below the speed limit and swerved to avoid an animal in the road. In doing so, you struck another vehicle or pedestrian, resulting in someone’s death. Under these circumstances, you may not be charged with murder.

Another potential defense is mitigating circumstances. Although this defense may not result in an acquittal, it can lead to a reduction in charges. This is a defense used when there is no question that you were involved in the commission of a crime, but for which there is evidence to demonstrate you did not initially intend to kill anyone. For example, Texas allows individuals charged with murder to argue “sudden passion.” For example, many people have argued a defense of sudden passion if they shot someone upon learning they were having an affair with a spouse. Although someone who commits murder in an act of “sudden passion” is still considered guilty, they can have their punishment severely reduced. For example, someone convicted of murder in an act of sudden passion is not eligible for the death penalty.

What are the Penalties for Murder in Texas?

The penalties for murder in Texas vary according to the precise circumstances of the case. Because of the severity of murder, judges and juries must consider each case individually and determine a punishment appropriate to the case.

The punishment for murder may be anywhere from 5 to 99 years in prison. Someone convicted of murder will generally have the opportunity for parole after a period of time determined by the judge. A person convicted of murder may also have to pay a $10,000 fine and may be subject to further financial penalties, such as compensation to the victim’s estate or family.

Someone convicted of murder in a sudden passion only faces between two and twenty years in prison. This is why sudden passion may be such a strong defense. Even someone who receives a 20-year sentence may be able to get out sooner based on good behavior and time served, if they are eligible for parole before their sentence is fully served.

Someone convicted of capital murder faces either the death penalty or life in prison without the possibility of parole (LWOP). These are the two most severe penalties a person can face in the state of Texas. In addition, someone convicted of capital murder may be subject to further financial penalties.

These are only the most serious penalties someone convicted of murder may face. You may also be subject to lawsuits from the victim’s family or estate, and may even face further legal penalties from the State of Texas. This is why hiring an experienced defense attorney is imperative for anyone charged with murder in Texas.

What Should I Do if I’ve Been Charged with Murder in Texas?

Murder charges in Texas are no laughing matter. During the days of the Wild West, Texas helped to popularize the image of the “hanging judge.” Today, the state maintains this reputation through its “tough on crime” stance and dedication to capital punishment. The State of Texas executed five people in 2025. It is not unheard of for the state to execute up to 40 people in the same year. Don’t let yourself end up on death row or serving life without parole. If you or a loved one has been charged with murder in Plano or the surrounding Collin County communities, don’t hesitate to contact Wilder Law Firm.

Our attorneys have over 25 years of courtroom experience and a dedication to our clients that’s unparalleled. We know the State of Texas can be overzealous in pursuing murder charges. We work with every one of our clients to craft a customized defense strategy, giving them the best possible fighting chance. Our work isn’t done until you’ve been able to put a dark chapter of your life behind you and start fresh. Don’t hesitate; when murder charges are involved, the clock is ticking. If you or a loved one were arrested for murder in Collin County, call Wilder Law Firm today at (214) 949-4687 to schedule your free consultation.