Murder in Texas- Using Self Defense at 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 at jury trial for a Murder charge, including self defense.
When one thinks of self defense, the stereotypical barroom brawl comes to mind, in which the alleged victim, whom we’ll call Bubba, first attacks the Defendant, whom we’ll call Hank, and a fight ensues that leads ultimately to Bubba’s death.
The fact scenario may go something like this:
Bubba grabs a bar chair and smashes it over the head of Hank, and Hank then grabs his Pocket Knife and ends up “cutting” Bubba with a single blow in an unlikely spot, causing Bubba to sustain a mortal internal injury.
Many times, in this type of scenario, Hank is charged with Murder, even though it appeared to be only a case of mutual combatants. At trial, Hank would have an extremely viable self defense argument.
Self defense can be described as the right to defend oneself with equal deadly force. In other words, if the alleged victim first uses deadly force, then the Defendant has every right to defend himself in the same manner.
The issue at trial often boils down to whether the victim, in fact, used deadly force warranting the Defendant’s use of deadly force. Obviously, if the alleged victim only used his fists and the Defendant pulled out a gun and shot the alleged victim, then that would not be a good self defense argument, unless the alleged victim was a prize fighter or was much larger and stronger than the Defendant.
There are many different types of self defense in Texas, including defending another person from the use of deadly force. It is very important for someone charged with Murder to hire a competent criminal defense attorney well-versed in Homicide law, and the many possible defenses available.
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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