what happens when you get a capital offense in texas attorney

What is a capital felony in Texas?

Capital felonies are the most severe type of felony in Texas. They are the only offenses that can be punished with the death penalty. Even if the prosecutor does not pursue the death penalty, a conviction can come with life in jail without parole. The only capital felony offense in Texas is capital murder. Even if the sentence is enhanced, no other criminal offense carries the death …

Does capital murder carry the death penalty in Texas?

Capital Murder is the most serious crime in the state of Texas. It is the state’s only offense punishable by death. The state will charge you with Capital Murder if the prosecuting attorneys believe you murdered someone under one of the circumstances that is described by the Capital Murder statute. Learn more detailed information about the Capital Murder offense below.

Where do I get a lawyer for capital murder in Texas?

Apr 18, 2020 · If you need to talk with an experienced criminal defense lawyer in Houston about a serious felony charge such a capital offense, call our law firm today. Our law office provides 100% free & confidential consultations, flexible payment options when needed, and attentive legal counsel. To get started, call 713-586-9200.

What is the classification of capital murder in Texas?

Apr 01, 2016 · If you have been charged with a capital offense, chances are you've already retained legal counsel and are probably in a holding cell. But if you have been charged with drunk driving, theft, or any other Texas crime, you'll most likely want to get a lawyer. Get started today and find an experienced Texas criminal defense attorney near you.

CAPITAL MURDER ATTORNEY FAQs

Capital Murder is classified in the Texas Penal Code under Title 5 “Offenses Against the Person,” Chapter 19 “Criminal Homicide.”

What is the law in Texas about Capital Murder?

The offense is described in Section 19.03 of the Texas Penal Code. 1 The law was amended in the 86th Texas Legislature, through SB 719, effective September 1, 2019 (known as “Lauren’s Law.”) 2 The new amendment is added in brackets below to the law as it was before the 2019 Legislative Session.

How can I be charged with Capital Murder?

You can be charged with Capital Murder if the state’s attorneys believe that each of the elements of 19.03 (1), (2), (3), (4), (5), (6), (7) or (8), as described in the section above have been met.

What is the punishment for Capital Murder?

A conviction for Capital Murder is punished as a capital felony, 3 with a maximum penalty of death. However, the state may not seek the death penalty in any case based solely on an offense under Section 19.03 (a) (9), Penal Code (the Lauren’s Law amendment). 4

What Constitutes a Capital Crime?

In short, the death of another individual during the commission of a felony is a capital offense. However, there are other offenses that qualify as capital crimes.

Need Legal Counsel for a Capital Case?

Since 2008 the Strauss Law Firm has provided outstanding legal representation to individuals charged with both misdemeanor and felony offenses in Houston and throughout the state of Texas.

When did Texas change the death penalty?

For the next 80 years or so, Texas carried out the death penalty by hanging in most cases. In 1923, the state changed its death penalty law so that capital punishments were done via electric chair. In 1972, the Supreme Court made an historic ruling in the case of Furman v.

What is the law of parties in Texas?

The state of Texas also practices the Law of Parties, which means people can be sentenced to death if they were present while a capital crime was committed due to the offender being “criminally responsible for the conduct of another.”.

What are the arguments for the death penalty?

Arguments FOR the Death Penalty: 1 The threat of capital punishment deters future criminals. 2 The death penalty is appropriate justice for a particularly heinous act. 3 The defendant will never be able to escape or commit a crime again, making society safer. 4 The death penalty provides closure for the victim’s family and loved ones. 5 Capital punishment is less of a financial burden to society than the ongoing cost of life imprisonment.

How many people have been executed in Texas?

From then until now, the state of Texas has executed over 540 people, including nine women.

When was the first execution in Texas?

The first recorded execution in Texas occurred in 1819 when an accused pirate by the name of George Brown was hung to death. In 1840, Henry Forbes, an African American, received the death penalty for breaking out of jail. In total, Texas carried out eight capital punishment executions before gaining statehood in 1846.

Is the death penalty unconstitutional?

Proponents argue that capital punishment is an appropriate penalty for particularly atrocious crimes, while those against assert that the death penalty is unconstitutional and immoral.

When did the death penalty start in Texas?

Georgia, and a companion case in Texas was upheld by the Court. The first state-sanctioned execution following this ruling did not occur until 1982 , when Texas became the first governmental jurisdiction in the world to carry out a death penalty execution by lethal injection.

What crimes are considered capital offenses in Texas?

As for what crimes in Texas are considered capital offenses leading to capital punishment (execution or life in prison without parole), under the Texas Penal Code for criminal homicide they include: Murdering a police officer or fireman while that person is on duty. Murdering someone while committing or trying to commit aggravated kidnapping, ...

How long is a murder sentence in Texas?

In Texas, intentionally causing death is murder and is punishable by a prison term of 5 to 99 years, or life in prison. The greater offense of capital murder — as indicated in the circumstances listed above — is punishable by the death penalty or by a life sentence without parole.

How long can you be in jail for murder?

Murdering while incarcerated for murder, or while imprisoned for life imprisonment or for 99 years for aggravated robbery, aggravated kidnapping or aggravated sexual assault. (In Texas, a crime is “aggravated” if it causes serious bodily injury or involves use or display of a weapon.)

Who killed Melanie Billhartz?

For Hall, 38 years old, the crime was capital murder in the strangulation death of Melanie Billhartz in El Paso in 2002. Hall reportedly strangled her with a power cord after they argued upon leaving a drug house.

How many people have been executed in Texas?

In total, Texas has executed 566 persons since resuming executions in 1982 following the 1976 U.S. Supreme Court decision in Jurek v. Texas. Since then, more than a third of all executions nationwide have been in Texas.

Is murder a capital offense in Texas?

Not all murders are capital offenses in Texas. Not all murders in Texas are punishable by death. Besides the category of capital murder, which can bring the death penalty, killing someone in Texas can also be considered murder, manslaughter or criminally negligent homicide.

What age can a child be charged with a felony in Texas?

If your child is younger than age 18, he or she can be charged with a variety of misdemeanor and felony offenses in Texas. Houston criminal defense attorney Matthew D. Sharp dedicates his practice to criminal defense. He has experience in representing young persons charged with criminal offenses, such as:

What to do if your child is arrested in Texas?

If your child is arrested for a juvenile offense in Harris County or Houston, Texas, contact an experienced attorney immediately. Don’t allow your son or daughter to discuss the matter with a law enforcement officer until you contact defense counsel. Your child may invoke the right to silence and counsel before making a statement to the police.

What age is a juvenile in Texas?

A juvenile is an individual between the ages of 10 to 17 in Texas. When a young person between these ages is arrested, or when an individual between the age of 17 to 18 is arrested for something they did before his or her 17th birthday, he or she is typically tried as a juvenile in the juvenile justice system.

What is juvenile probation?

A juvenile probation officer will conduct an intake of the child when he or she is arrested. The process is in place to determine if the young person meets the legal definition of child in Texas and if probable cause exists that the child committed a crime.

What is the difference between juvenile justice and adult justice?

The primary difference between the juvenile justice system and the adult justice system is that the juvenile system’s focus is the rehabilitation of the young offender. If the charge is true against the child, he or she faces punishment.

What happens if a child violates probation?

If a child is sentenced to probation and he or she violates the terms of probation, he or she will face a juvenile violation of probation charge. It will be necessary to return to court for adjudication. Revocation of probation or incarceration may result.

What are the consequences of a juvenile crime?

Juvenile Crime Consequences. Depending upon your child’s age, history , and the nature of the crime, the court or local probation department may impose a variety of punishments, including: Supervisory requirement. The child receives regular counseling from the probation department.

What is a not guilty plea?

In most cases, a defendant is best served by entering a not-guilty plea at the outset. Pleading not guilty doesn’t necessarily mean the case will go to trial. A not-guilty plea just keeps the case open, allowing the defendant to negotiate a plea deal with the prosecution.

How many jurors are there in a criminal trial?

A criminal jury consists of six jurors in misdemeanor cases and 12 jur ors in felony cases. At a criminal trial, the prosecution must prove “ beyond a reasonable doubt ” that the defendant committed the charged offense. (Read about burdens of proof in criminal cases.)

What are the rights of a suspect?

An officer who makes an arrest must take the suspect before a judicial officer (called a “magistrate”) without “unnecessary delay”—normally, this must occur no more than 48 hours after the arrest. At this first court appearance, the magistrate informs the suspect of the charges and of certain rights, including: 1 the right to remain silent 2 the right to an attorney (privately retained or court-appointed), and 3 the right to have an attorney present during police interviews and to terminate such interviews at any time.

How long can you go to jail for boating while intoxicated?

For most criminal convictions, there’s a range of possible sentences. (For example, a boating-while-intoxicated conviction carries between 72 hours and 180 days in jail.) In most states, it’s up to the judge to decide how—within the allowable range—to sentence a convicted defendant. ...

What is probable cause?

Probable cause is a case-by-case determination. But, basically, probable cause exists if the officer has reasonably trustworthy information that would be sufficient to lead a reasonable person to believe a crime has been or is being committed.

How long does it take for a police officer to arrest a suspect?

An officer who makes an arrest must take the suspect before a judicial officer (called a “magistrate”) without “unnecessary delay”—normally, this must occur no more than 48 hours after the arrest. At this first court appearance, the magistrate informs the suspect of the charges and of certain rights, including:

What is the right to remain silent?

the right to remain silent. the right to an attorney (privately retained or court-appointed), and. the right to have an attorney present during police interviews and to terminate such interviews at any time. The magistrate will typically appoint an attorney for indigent suspects who request counsel.