In Texas, the death penalty can be imposed when a person is convicted of capital murder under specific circumstances, such as killing a police officer, committing murder during another felony like robbery or sexual assault, killing multiple people, or murdering a child under ten. After a guilty verdict, the jury must unanimously decide that the defendant poses a continuing threat to society and that there are no sufficient reasons to choose life without parole instead.
A Fort Worth criminal defense lawyer can help by challenging the prosecution’s evidence, presenting a strong defense, protecting your constitutional rights, and working to avoid a death sentence. They will also handle appeals if you’re convicted, fighting to correct legal errors and potentially overturn the verdict or sentence.
Texas Crimes Which Can Lead to the Death Penalty Upon Conviction
In Texas, the death penalty is reserved for the most serious crimes, primarily capital murder. Capital murder includes specific types of killings that the law considers especially severe. For example, a person can face the death penalty if they intentionally kill a police officer or firefighter while that person is performing their duties. Killing a child under the age of 10, committing a murder while also committing another felony like kidnapping, robbery, or sexual assault, or killing more than one person during the same act or through a series of connected acts, can also qualify as capital murder in Texas. Additionally, murder-for-hire cases and the killing of a judge in retaliation for their work are capital offenses.
For someone to be convicted of a capital crime and sentenced to death, the prosecution must prove guilt beyond a reasonable doubt. It is the highest legal standard of proof in the criminal justice system. This means that the jury must be firmly convinced of the defendant’s guilt, with no logical reason to doubt it based on the evidence presented.
A Texas prosecutor must establish several things to meet this standard. First, they must prove that the defendant committed an intentional or knowing killing. Penalties in Texas can be severe, especially in capital cases, which is why the burden of proof is so high. In cases where the crime involves other felonies like robbery or kidnapping, the prosecutor must also prove that those crimes were part of the same incident and that the death occurred during or as a result of those crimes. The prosecution uses physical evidence, eyewitness testimony, surveillance footage, experts’ reports, and sometimes confessions to build their case.
Once guilt is proven, the sentencing phase begins, where the jury considers aggravating and mitigating factors. Aggravating factors make the crime more serious and can support a death sentence, while mitigating factors, such as the defendant’s background or mental health, may argue against it.
Ultimately, proving guilt beyond a reasonable doubt in a death penalty case is a high bar because of the severe and irreversible punishment. Every element must be backed by strong, clear evidence, and the jury must reach a unanimous decision in both the guilt and sentencing phases for the death penalty to be imposed.
Who Decides Whether to Impose the Death Penalty Upon Conviction in Texas?
In Texas, the decision to impose the death penalty after a capital murder conviction is made by a jury. The jury plays a critical role in both phases of the trial: the guilt phase and the sentencing phase. During the guilt phase, the jury determines whether the defendant is guilty of capital murder. If they find the defendant guilty, the trial moves to the sentencing phase, where the jury decides whether to impose the death penalty or another penalty, such as life imprisonment without the possibility of parole.
At the sentencing phase, the jury must answer specific questions Texas law requires. One key question is whether the defendant poses a continuing threat to society. Another question is whether any mitigating circumstances would make a life sentence more appropriate than death. Choose a criminal defense lawyer who understands how to present these mitigating factors effectively. Mitigating circumstances can include the defendant’s mental health, background, or other personal factors that may reduce their moral blame. To impose the death penalty, the jury must unanimously agree that the defendant is a future danger and that no mitigating factors outweigh the reasons for death. If the jury does not agree unanimously, the defendant will automatically receive a life sentence without parole.
Life imprisonment without parole is the only other possible sentence for someone convicted of capital murder in Texas. It means the person will spend the rest of their life in prison and will never be eligible for release. The jury does not have the option to consider parole or any lesser sentence for capital murder.
In some cases, prosecutors may choose not to seek the death penalty at all. When that happens, the case is still tried as capital murder, but the jury only considers whether the defendant should receive life without parole. The district attorney’s office usually makes the decision not to pursue the death penalty before the trial begins, based on the facts of the case, the defendant’s history, and other legal factors.
Ultimately, the power to decide whether someone receives the death penalty rests with the jury, not the judge or the prosecutor. Their decision must be unanimous, serious, and based on the evidence and the law.
Common Legal Defenses to Texas Criminal Charges
When someone is charged with capital murder in Texas, especially in a case where the death penalty is on the table, they have the right to present legal defenses. These defenses are used to show that the defendant is not guilty or that the crime is not as severe as charged. If the defense is successful, the charges may be reduced, or the defendant may be found not guilty.
One common defense is mistaken identity. It happens when a person is wrongly accused of a crime they did not commit. Eyewitnesses can be unreliable, and people sometimes misidentify someone they saw at a crime scene. A strong defense may include alibi evidence, such as surveillance video, phone records, or witnesses that show the defendant was somewhere else when the crime happened.
Another defense is a lack of intent. Capital murder requires that the killing be intentional or knowingly committed. Charges and penalties in Texas vary greatly depending on intent and circumstances. If the defendant’s lawyers can show the death was accidental or that there was no intent to kill, the charges may be lowered to a lesser offense, such as manslaughter. It can make a big difference in the punishment the defendant faces.
Self-defense is also a legal defense in Texas. If a person kills someone because they reasonably believed their life was in danger, they may be justified in using deadly force. However, self-defense must be shown with strong evidence and meet strict legal standards. It can’t be used if the defendant started the conflict or used more force than necessary.
Insanity is another possible defense. If a defendant was suffering from a severe mental illness at the time of the crime and didn’t understand that their actions were wrong, they may be found not guilty by reason of insanity. It is a difficult defense to show and usually requires expert medical testimony.
Finally, constitutional violations during the investigation, like illegal searches, forced confessions, or failure to read Miranda rights, can lead to evidence being thrown out. If key evidence is ruled inadmissible, the whole case against the defendant may collapse.
In death penalty cases, defense attorneys work hard to raise every possible legal defense. These cases are complex, and the stakes are life and death, so every detail matters in protecting the rights of the accused.
Potential Grounds for Appealing a Conviction in Texas
In Texas, a person who is convicted of capital murder and sentenced to death has several possible ways to appeal the conviction and sentence. These appeals are vital because they give the courts a chance to review the case and ensure the trial was fair, the law was followed, and no serious mistakes were made. Because the death penalty is the most serious punishment, the appeals process is very detailed and can take many years.
The first step in the appeals process is called a direct appeal. It happens automatically in all death penalty cases and goes directly to the Texas Court of Criminal Appeals, the highest criminal court in the state. The court reviews the trial record to check for legal errors, such as improper jury instructions, mistakes in admitting evidence, or violations of the defendant’s rights. If the court finds a serious error, it can overturn the conviction or the death sentence.
The defendant can file a state habeas corpus petition if the direct appeal is denied. This is a separate process where the defense can raise new issues that were not part of the direct appeal, such as ineffective assistance of counsel, newly discovered evidence, or prosecutorial misconduct. Why do I need a lawyer? Navigating this process requires experience and precision. The trial court reviews the claim, and the Texas Court of Criminal Appeals makes the final decision.
After state appeals are exhausted, the defendant can turn to the federal court system. A federal habeas corpus petition can be filed in a U.S. District Court, claiming the conviction or sentence violated the U.S. Constitution. The case can then be appealed to the U.S. Court of Appeals and, in rare cases, the U.S. Supreme Court.
Another possible avenue is seeking clemency from the Texas Board of Pardons and Paroles and the governor. Clemency can reduce a death sentence to life in prison, but it is rarely granted.
Each step in the appeals process gives the defendant another chance to fight the conviction or the sentence. These legal avenues help protect against wrongful convictions and ensure that the justice system works fairly, especially in cases where a person’s life is on the line.
How Can a Texas Criminal Defense Lawyer Help if You’re Facing One of These Charges?
If you are facing a capital murder charge in Texas, especially one that can lead to the death penalty, having a knowledgeable criminal defense attorney is critical. What are the consequences? These are the most serious charges a person can face, and the outcome of the case can determine whether you spend the rest of your life in prison or even face execution. A skilled attorney can guide you through every step of the legal process and fight to protect your rights and future.
One of the first things a defense attorney will do is carefully review all the evidence the prosecution has. They will look for weaknesses in the case, such as unreliable witnesses, missing evidence, or violations of your constitutional rights. If there are problems with how the police collected evidence or if your rights were violated during questioning, your attorney can file motions to get that evidence thrown out of court.
An experienced Fort Worth criminal defense lawyer will also investigate the case independently. It may involve hiring expert witnesses, gathering new evidence, or locating people who can support your side of the story. Your lawyer will work to build a strong defense, whether that means proving you were wrongly accused, showing that the killing was not intentional, or arguing that you acted in self-defense.
If the case goes to trial, your attorney will defend you, challenge the prosecution’s witnesses, and argue for your innocence. If you are found guilty, a knowledgeable Fort Worth criminal defense lawyer can also help by presenting vital evidence to avoid the death penalty during sentencing. They may show that you have mental health issues, a difficult background, or other reasons why the harshest punishment should not be given.
Even after a conviction, your attorney can help with the appeals process. They will identify legal errors during your trial and fight for a second chance in court.
Facing a capital murder charge is terrifying, but you don’t have to go through it alone. A knowledgeable criminal defense attorney can be your strongest ally—defending your rights, guiding you through complex laws, and working tirelessly to protect your life and freedom.
Contact a Skilled Criminal Defense Lawyer Right Away
If you are currently facing a serious criminal charge, it’s essential that you have knowledgeable legal representation on your side right away. Your Fort Worth criminal defense lawyer can gather evidence that supports your case, present one or more defenses in court, negotiate with prosecutors, and pursue the best available result in your case.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
Author's Bio