Murder in Texas-Use Self-Defense in the Trial

In the State of Texas, a murder charge is a first degree felony punishable by 5 to 99 years in prison. There are many different defenses available in the jury trial on a charge of murder, including self-defense.

When one thinks of self-defense, bar fight stereotypes comes to mind, in which the alleged victim, whom we'll call Bubba, first attacks of the accused, whom we'll call Hank and a fight ensues that leads ultimately to the death of Bubba.

The scenario may actually be something like this:

Bubba grabs a bar chair and smashes the head of Hank, Hank then grab the knife from his pocket and ends up "cutting" Bubba with a single blow in an unlikely place, which Bubba fatal internal injury.

Often, in such a scenario, Hank is accused of murder, even though that seemed to be just a case of mutual combatants. At trial, Hank would have an argument very viable self-defense.

Self-defense can be described as the right to defend themselves with deadly force equal. In other words, if the alleged victim first using lethal force, the defendant is entitled to defend the same way.

What is on trial often comes down to whether the victim actually uses force lethal defendant justify the use of lethal force. Obviously, if the alleged victim only used his fists and the defendant pulled a gun and shot the alleged victim, then that would be a good defense argument, unless the alleged victim was a fighter and was much larger and stronger than the defendant.

There are many different types of defense in Texas, including the defense of another person by the use of deadly force. It is very important for someone accused of murder hire a competent criminal defense attorney well versed in the law of homicide, and has the defenses of many possible.

About the Author

Sandra Eastwood has been a licensed attorney for 17 years and spent 13 of those years as a felony prosecutor with the Corpus Christi District Attorney’s office, where she tried over 80 felony jury trials, including Capital Murder, Murder, Aggravated Sexual Assault and Injury to a Child.  She is now in private practice in Corpus Christi, Texas, and is a criminal defense and family law attorney. Sandra Eastwood has appeared on 20/20 and Good Morning America and is a National Speaker for her more high profile cases. You can contact Sandra Eastwood at (361) 687-3657. Her office is located in downtown Corpus Christi, Texas at 606 N. Carancahua, Suite 1001, Corpus Christi, Texas 78401.  website:  http://sandraeastwoodattorneyatlaw.com

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