San Antonio Homicide Defense Lawyers – Murder, Manslaughter & Capital Murder Defense

Facing a Homicide Charge in Texas: The Most Serious Fight of Your Life

A homicide accusation is the most severe criminal charge you can face. In Texas, the legal system responds to allegations of murder and manslaughter with the full force of the law, seeking the harshest penalties possible—including life imprisonment or even the death penalty. At Barton & Associates, we understand that these cases are never simple. They are born from complex human situations: acts of perceived self-defense, tragic accidents, heat-of-passion conflicts, or cases of profound mistaken identity. The state’s narrative will be one of cold-blooded guilt, but your story matters. Our mission is to ensure it is heard. We bring a level of defense commensurate with the stakes: relentless, resource-intensive, and built on decades of experience defending clients against the most serious allegations imaginable. Your freedom, your future, and your very life depend on the quality of your legal representation. Do not face this alone.

Understanding the Critical Differences: Murder, Capital Murder, and Manslaughter in Texas

Texas law defines several distinct homicide offenses, each with specific elements and drastically different penalties. Understanding the exact charge against you is the first step in building a defense.

Capital Murder (Texas Penal Code § 19.03)

This is the most serious homicide charge, reserved for specific, aggravated circumstances. It is a capital felony, punishable by life imprisonment without parole or the death penalty.
The prosecution must prove a murder occurred plus one or more “special circumstances,” including:

• Murder of a peace officer or firefighter acting in official duties.
• Murder committed in the course of committing another serious felony (kidnapping, burglary, robbery, sexual assault).
• Murder for remuneration (a paid hit).
• Murder while escaping from a penal institution.
• Murder of more than one person during the same criminal transaction.
• Murder of a child under age 10.

Murder (Texas Penal Code § 19.02)

Murder is a first-degree felony, punishable by 5 to 99 years, or life, in prison and a fine of up to $10,000.

A person commits murder if they:

• Intentionally or knowingly cause the death of an individual; or
• Intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual; or
• Commit or attempt to commit a felony (other than manslaughter) and, in the course of and in furtherance of the crime, commit an act clearly dangerous to human life that causes the death.

Manslaughter (Texas Penal Code § 19.04)

Manslaughter is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. A person commits manslaughter if they recklessly cause the death of an individual.

The critical distinction from murder is the mental state. Murder requires intent or knowledge; manslaughter involves reckless disregard—a conscious risk that is grossly deviated from reasonable care. This often applies to fatal DUI accidents or other dangerous conduct.

Criminally Negligent Homicide (Texas Penal Code § 19.05)

This is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. It occurs when a person causes the death of another by criminal negligence—a failure to perceive a substantial and unjustifiable risk, where that failure constitutes a gross deviation from standard care.

The Overwhelming Penalties and Life-Altering Consequences

A homicide conviction carries the ultimate penalties.

Beyond Incarceration: The “Civil Death” of a Felony Conviction

• Permanent Record: A violent felony conviction is a permanent, public record that destroys future opportunities.
• Loss of Civil Rights: You will lose the right to vote, hold public office, and serve on a jury.
• Loss of Gun Rights: Permanent prohibition on firearm possession.
• Professional and Employment Bar: Virtually all licensed professions and many jobs will be permanently closed to you.
• Social Stigma and Isolation: The label follows you and your family forever.

Building a Life-or-Death Defense: Strategies for Homicide Cases

At Barton & Associates, we deploy a defense strategy worthy of the stakes. We conduct an independent, parallel investigation from day one, challenging the state’s case at every juncture.

Core Defense Strategies Include:

• Self-Defense / Defense of Others: Texas law justifies the use of deadly force when you reasonably believe it is immediately necessary to protect yourself or another from the other’s use or attempted use of unlawful deadly force. We must prove you did not provoke the attack and reasonably perceived an imminent threat of death or serious bodily injury. The “Castle Doctrine” strengthens this defense for intrusions into your home, vehicle, or workplace.
• Lack of Intent or Mental State: For murder, the state must prove specific intent or knowledge. We present evidence that the death was an accident, a reckless act (arguing for manslaughter), or the result of criminal negligence. In some cases, we may explore mental health defenses, such as insanity or sudden passion (which can reduce a murder charge to manslaughter).
• Alibi and Misidentification: We rigorously challenge the state’s evidence that you were present or responsible. We uncover flaws in eyewitness testimony, unreliable forensic evidence, and sloppy police work. A solid alibi can dismantle the prosecution’s entire case.
• Suppression of Illegally Obtained Evidence: If the police violated your Fourth, Fifth, or Sixth Amendment rights—through an illegal search, a coerced confession, or denial of counsel—we file aggressive motions to have all resulting evidence thrown out. This can eviscerate the state’s case.
• Challenging Forensic and Scientific Evidence: We hire our own world-class experts in pathology, bloodstain pattern analysis, ballistics, and DNA to scrutinize the prosecution’s forensic claims. What the state presents as “irrefutable science” is often anything but.
• Negotiating for Reduced Charges: When appropriate, we use the weaknesses we discover in the state’s case as leverage to negotiate a reduction from murder to manslaughter or negligent homicide, dramatically lowering potential penalties.

The First 48 Hours: Critical Steps to Protect Your Rights

From the moment you are a suspect, the system is designed to secure a conviction. Your actions are paramount.

1. ABSOLUTELY INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to police, detectives, or anyone else about the incident. Do not try to explain, clarify, or tell your side. Every word can be twisted. State clearly: “I am invoking my Fifth Amendment right to remain silent. I will not answer questions without my attorney present.”
2. DO NOT CONSENT TO ANY SEARCHES. Of your person, your home, your vehicle, or your phone. If they have a warrant, comply, but do not help them.
3. DO NOT DISCUSS THE CASE WITH ANYONE. Jail calls are recorded. Fellow inmates may be informants. Conversations with family are not protected. Assume every word is being captured.
4. DEMAND AN ATTORNEY AND CONTACT BARTON & ASSOCIATES IMMEDIATELY. This is not the time for a court-appointed attorney. You need a dedicated, resource-rich defense team immediately. We will intervene to stop interrogations, secure your release on bond if possible, and begin our investigation while evidence and memories are fresh.

Why Barton & Associates is Uniquely Qualified for Homicide Defense

When your life is on the line, you need more than a lawyer; you need a defense institution.

• Former Capital Prosecutors on Staff: Our team includes attorneys who have prosecuted homicide cases for the state. They know the playbook, the tactics, and the pressure points from the inside. This is an invaluable strategic advantage.
• “Dream Team” Resources: We have the financial stability and network to assemble the best experts in the country—forensic pathologists, DNA analysts, crime scene reconstructionists, and jury consultants—to counter the state’s experts point-for-point.
• A Reputation for Going to Trial: Prosecutors know we are fully prepared and willing to take every case to trial. This reputation gives us immense leverage in pre-trial negotiations, often leading to better plea offers or even dismissals when the state’s case is weak.
• Compassionate, Whole-Family Support: We understand the immense toll on you and your family. While we fight with unmatched aggression in court, we provide clear communication and steadfast support to guide you through this unimaginable crisis.

The Time to Act is Now. Contact Us Immediately.

A homicide charge is a legal catastrophe that will not resolve itself. The State of Texas will mobilize vast resources to secure a conviction. You must respond with greater force, intelligence, and determination.

Do not wait. Do not speak. Do not hope it will go away.

Contact Barton & Associates right now at 210-500-0000. Your initial consultation is confidential and urgent. We will immediately begin the work of saving your life and your future.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000