A murder accusation in Austin can completely derail your life. Whether you’ve been arrested or just learned that police are investigating you in connection with a death, you could face decades in prison or even a life sentence. Certain capital murder cases in Texas can carry the death penalty.
Prosecutors may spend months gathering evidence, interviewing witnesses, reviewing surveillance footage, examining cellphone records, and analyzing forensic and medical examiner findings. But the evidence investigators collect doesn't always tell the whole story.
In Texas, murder charges don't always require proof that someone intended to kill. Under certain circumstances, a person can face murder charges for intending to cause serious bodily injury through an act clearly dangerous to human life that results in death, or for causing a death while committing or attempting certain felonies.
If you or someone you care about is under investigation for murder in Austin or Travis County, an experienced criminal defense attorney can begin protecting your rights, preserving critical evidence, and investigating what happened.
Austin Murder Defense Lawyer
Michael & Associates Criminal Defense Attorneys represents people accused of murder, homicide, manslaughter, and other serious violent crimes throughout Austin and Travis County. Our Austin defense team includes experienced trial attorneys with backgrounds in forensic science, criminal investigations, and law enforcement. That experience helps our attorneys recognize weaknesses in police investigations, challenge forensic findings, and prepare cases for trial.
The firm’s Austin Managing Attorney, James Fletcher, is specially certified as an ACS-CHAL Lawyer-Scientist. Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has over two decades of criminal defense and courtroom experience. Dax Garvin is a former law-enforcement officer who brings a unique perspective to cases involving police investigations, arrests, witness interviews, and evidence collection.
Homicide investigations may involve DNA, firearms evidence, autopsy findings, blood evidence, cell-phone records, surveillance video, eyewitness identification, police interviews, and conflicting accounts of how the death occurred. Our attorneys examine not only what evidence prosecutors have, including how it was obtained, tested, interpreted, and presented, but also investigate your side of the story.
Michael & Associates was also named Best Law Firm in the 2026 Best of ATX Awards, recognizing the firm's growing presence in the Austin legal community.
If Austin police or another law enforcement agency is investigating you in connection with a death, don't wait until charges are filed to seek legal advice. Contact Michael & Associates for a free case evaluation with an experienced Austin criminal defense attorney.
Definition of Murder Under Texas Law
Under Texas Penal Code § 19.02, a person can be charged with murder for:
- Intentionally or knowingly causing another person's death.
- Intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes death.
- Knowingly manufacturing or delivering certain Penalty Group 1-B controlled substances when someone dies as a result of using the substance.
- Committing or attempting to commit a felony other than manslaughter and, during that felony or while fleeing from it, committing or attempting an act clearly dangerous to human life that causes someone's death.
The fourth category is known as felony murder. Prosecutors don't necessarily have to prove that someone intended to kill another person. Instead, they must establish that the death occurred under the circumstances specified in the statute.
Murder is typically a first-degree felony in Texas. However, certain circumstances can elevate the charge to capital murder under Texas Penal Code § 19.03, which carries much harsher penalties.
Common Situations Leading to Murder Allegations
Murder charges can arise from many different circumstances, including:
- Domestic or relationship conflicts that result in a death
- Shootings or other deadly-weapon allegations
- Claims of self-defense or defense of another person
- Robberies, burglaries, or other felony offenses during which someone is killed
- Drug-related activity that results in a death
- Fights or confrontations that result in fatal injuries
- Multiple-victim incidents
- Cases in which prosecutors allege someone intended to cause serious bodily injury rather than death
What happened isn't always clear. Witnesses may disagree about how a confrontation started or who was responsible. Surveillance footage might show only part of the incident, and forensic findings don't always support investigators' initial conclusions.
You need a murder defense attorney who looks beyond the police report.
Types of Murder in Texas
First-degree murder
Example: You're accused of deliberately shooting and killing someone after planning an attack in advance.
Murder under Texas Penal Code § 19.02 is ordinarily a first-degree felony. A conviction carries:
- 5 to 99 years or life in prison
- A fine of up to $10,000
Sudden passion
Example: You discovered your spouse in bed with someone else and, overcome by rage, grabbed a gun and fatally shot one of them.
Texas law allows a reduced punishment range when a defendant proves that the killing occurred under the immediate influence of sudden passion arising from an adequate cause. The passion must arise from provocation at the time of the offense, not solely from an earlier incident.
Discovering infidelity won't automatically establish sudden passion. The defendant must prove that the provocation was sufficient to overwhelm the capacity for cool reflection in a person of ordinary temper. If successful, the murder is punished as a second-degree felony, with penalties of:
- 2 to 20 years in prison
- A fine of up to $10,000
Sudden passion is considered during the punishment phase of a murder case. It does not automatically reduce the charge before trial.
Capital murder
Example: You're accused of shooting and killing a convenience store clerk during an armed robbery.
Under Texas Penal Code § 19.03, intentionally killing someone while committing or attempting to commit robbery can constitute capital murder, even if the killing wasn't planned in advance. For example:
- Murdering a peace officer or firefighter under circumstances specified by law.
- Murdering a child within the age categories established by the statute.
- Murdering multiple people under circumstances covered by the statute.
- Committing murder during certain felonies, including kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, and terroristic threat.
Capital murder can result in life in prison without parole or the death penalty when legally available and sought by prosecutors. The death penalty cannot be imposed on someone who was under 18 when the offense occurred. Instead, those defendants face life imprisonment with the possibility of parole.
Defenses to Murder Charges
Prosecutors must prove every element of a murder charge beyond a reasonable doubt. Your attorney may challenge the identification of the accused, the alleged cause of death, or the prosecution's interpretation of forensic evidence.
Common defenses and issues that may arise in Texas murder cases include:
- Self-defense or defense of others: Texas law permits deadly force under specified circumstances. A defense attorney can investigate what happened before and during the confrontation, whether the accused reasonably believed deadly force was immediately necessary, and whether the State can disprove a properly raised justification beyond a reasonable doubt.
- The required mental state: Not every death caused by another person constitutes murder. Depending on the theory charged, prosecutors may need to prove intentional or knowing conduct, intent to cause serious bodily injury, or the elements required for felony murder.
- Mistaken identity: Eyewitness identification, surveillance footage, cellphone records, DNA, fingerprints, and other evidence may become important when the identity of the person responsible is disputed.
- Failure to prove causation: The State must establish the legally required connection between the defendant's conduct and the death. Medical evidence, autopsy findings, toxicology, and the sequence of events may become central to that question.
- Accidental death: Evidence that a death was accidental may undermine the mental state required for the murder theory alleged, although the facts could potentially support another criminal charge.
- Problems with forensic evidence: DNA, firearms evidence, blood evidence, toxicology, fingerprints, digital evidence, and medical examiner findings may need independent review to determine what they actually establish and whether the State's interpretation is supported.
- Unlawfully obtained evidence or statements: The defense may challenge evidence obtained through an unconstitutional search or seizure or statements obtained in violation of the accused's constitutional rights. Depending on the circumstances, a court may suppress evidence that was unlawfully obtained.
Murder cases rarely turn on a single piece of evidence. A witness's account may conflict with physical evidence, an autopsy may raise questions about the cause of death, or investigators may have overlooked information that supports your defense. Examining those inconsistencies can be critical to challenging the prosecution's case.
Role of a Texas Murder Defense Attorney
Conducting an independent investigation: Police investigators may overlook witnesses, fail to obtain surveillance footage, or draw conclusions before examining all the evidence. A defense attorney can investigate those gaps and pursue evidence that challenges the prosecution's version of events.
Analyzing forensic and scientific evidence: Murder cases can involve DNA, firearms evidence, fingerprints, toxicology, blood evidence, autopsy findings, cellphone data, and other technical evidence. Michael & Associates' Austin team includes James Fletcher, an ACS-CHAL Lawyer-Scientist with advanced scientific training that can be particularly valuable when evaluating forensic evidence. Our statewide team also includes lawyers with additional forensic qualifications.
Reviewing the police investigation: Attorneys can examine searches, warrants, interrogations, identification procedures, evidence collection, and other investigative steps. Dax Garvin's prior law-enforcement experience gives the Austin team additional insight into how the investigation was conducted.
Preparing for trial: Murder cases can require extensive preparation long before a trial begins. Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and brings decades of criminal-defense and courtroom experience to the Austin team.
Challenging the State's theory: Your lawyer may be able to dispute who caused the death, the accused's mental state, whether the use of force was justified, whether forensic conclusions are reliable, or whether the facts of the case support murder rather than another offense.
Evaluating every potential resolution: Depending on the evidence, a murder case may involve negotiations over charges or punishment, as well as trial preparation. A defense attorney can evaluate those options against the strength of the State's case and the client's circumstances.
Key Elements the Prosecution Must Prove
To convict someone of murder in Texas, prosecutors must prove every element of the charge beyond a reasonable doubt. What they need to establish depends on the type of murder alleged.
The prosecution may need to prove who caused the death, what the accused intended, and whether their actions meet the legal definition of murder. Your defense lawyer can challenge witness testimony, forensic findings, the alleged cause of death, and other evidence the State relies on to make its case.
Where are Murder Cases Heard in Austin?
Murder and capital murder are felony offenses, so cases filed in Travis County are heard in the county's criminal district courts at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street in downtown Austin.
A murder case may be assigned to one of Travis County's criminal district courts. These courts handle felony cases ranging from lower-level felony offenses to murder and other serious violent crimes. The Travis County District Attorney's Office prosecutes felony cases filed in the county.
Each Travis County district court has its own judge, docket, and procedures. An Austin murder defense attorney familiar with these courts will know how they operate and can help you prepare for each stage of your case.
Real Central Texas Murder Cases. Real Result.
Murder Charge: Dismissed
Location: Bell County
Outcome: Murder charge dismissed
Time to resolution: Approximately 10 months
The client faced a murder charge in Bell County. After taking over the case from prior counsel, Michael & Associates reviewed extensive discovery and filed several motions, including a speedy trial motion and a motion to reduce bond. The court ultimately dismissed the case about 10 months after the firm was retained, without a trial.
Additional Resources
- Texas Penal Code § 19.02 - Murder: This statute defines murder in Texas, including intentional or knowing murder, murder based on an intent to cause serious bodily injury, felony murder, and the sudden-passion punishment provision.
- Texas Penal Code § 19.03 - Capital Murder: This statute identifies circumstances under which murder can become capital murder, including specified victims and murders committed under certain circumstances or during designated felony offenses.
- Texas Penal Code Chapter 9 - Justification Excluding Criminal Responsibility: Chapter 9 contains Texas laws governing self-defense, defense of others, and other justification defenses that may become relevant depending on the circumstances of a homicide case.
- Texas Judicial Branch: The Texas Judicial Branch provides information about the state's courts, criminal proceedings, appellate courts, and other aspects of the Texas court system.
Speak With an Austin Murder Defense Attorney
If you're facing a murder charge or are under investigation in connection with a death in Austin or Travis County, don't wait until charges are filed to get legal help. Witnesses' memories can fade, surveillance footage may be deleted, and statements made to investigators could affect your case.
Our experienced Austin criminal defense attorneys can review the allegations, help preserve important evidence, and begin preparing your defense. Contact Michael & Associates today for a free, confidential case evaluation.
