Posted on June 14, 2025 in Criminal Defense

 There are many forms of self-defense claims you can make in Houston. These expansive rights extend to domestic violence claims in addition to standard assault cases and expand beyond your right to defend yourself from the threat of violence. State law gives you the right to stand up for another individual when an imminent threat is present. However, this defense is not open-ended. If you fail to act reasonably you could find yourself facing charges of domestic assault despite your effort to defend a third party or even yourself.

If you are facing criminal charges after defending another person, a Houston, TX domestic violence defense lawyer can help. Call the Murphy & McKinney Law Firm, P.C. right away to schedule an initial consultation.

Contesting a Domestic Violence Charge Through Defense of Others

You have the right to use force to defend another person from a violent threat. However, the law requires that you do so within certain parameters to avoid criminal liability. These defenses are complex, as they involve admitting that you committed an act of violence against a spouse, partner, or household member. Despite meeting every element of the offense, the jury can find that your actions were justified if they agree that the defense applies.

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 Posted on June 04, 2025 in Criminal Defense

In discussions about criminal violations, white collar crimes are often overlooked in favor of homicide, drug crimes, and other more sensational offenses. But make no mistake – a conviction of a white collar crime can ruin your life. If you have been accused of a crime involving fraud, you should seek out a Houston defense attorney to protect your best interests.

Defending against white collar crimes can be a complex affair. It demands more legal knowledge than most people can claim. At the Murphy & McKinney Law Firm, P.C., we have the skills and knowledge needed to represent you effectively in court.

Fraud Crimes Can Be Expensive

Many people accused of offenses like embezzlement, bank fraud, and identity theft do not realize how expensive these crimes can be. These crimes are punishable not only by jail time but also hefty fines.

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 Posted on May 29, 2025 in Criminal Defense

If you have been accused of a criminal offense, requesting deferred adjudication can help to protect your future. This option allows you to avoid a conviction and jail time as long as you comply with certain terms, in a similar vein to getting released on probation. Depending on your case, the terms of deferred adjudication could be more lenient or strict. A Houston criminal defense lawyer can advise you on what to do during deferred adjudication and represent you if you are accused of violating the terms.

At Murphy & McKinney Law Firm, P.C., we have years of experience representing clients in intense criminal cases. If you have any questions about deferred adjudication, our firm can clarify what is expected of you from the court.

Attending Counseling and Staying Clean

For certain offenses involving drugs or alcohol, a judge may include certain restrictions regarding substance use. Specifically, you could be required to avoid taking drugs or alcohol altogether. You might also be ordered to stay away from certain people who enable substance abuse in your life.

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 Posted on May 20, 2025 in Drug Crimes

Cocaine possession is no light or minor crime in Texas. If you or a loved one faces cocaine possession charges in the Houston area, you should take those charges seriously. A Houston, TX drug crimes defense lawyer can give you a clear idea of what to expect from the legal proceedings and represent you in a court of law.

At Murphy & McKinney Law Firm, P.C., we are prepared to aggressively defend cocaine possession charges on constitutional, statutory, and procedural grounds. When you work with our firm, your case will be handled with careful attention as we work to defend you against the harsh penalties a cocaine possession charge can bring.

The Drug-Type and Drug-Quantity Framework

The Texas Controlled Substances Act, like the drug laws of other states, criminalizes drug possession in complex statutes. Generally, the worse the drug and the larger the quantity of drugs, the worse the penalty. The Texas Board of Pharmacy explains that the worst drugs, classified as Schedule I, have a high abuse risk with no safe and accepted medical use. By contrast, Schedule V drugs have narcotic properties but also have recognized medicinal value.

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 Posted on May 18, 2025 in Criminal Defense

Homicide charges like murder, manslaughter, or criminally negligent homicide are serious offenses. If you have been accused of killing another person, accidentally or not, seeking out legal representation is in your best interests. A Houston criminal defense lawyer can represent you in court, looking for ways to get the charges against you reduced or dropped.

Homicide cases are not always cut-and-dry. Sometimes, there are factors that can reduce the severity of a charge, known as mitigating circumstances. At Murphy & McKinney Law Firm, P.C., our attorney can review your case closely and start working with you to build a thorough defense to present to a judge.

Is Self-Defense Justified in Murder Charges?

In some situations, the use of lethal force to protect yourself is permissible under state law. However, self-defense is not a foolproof shield against any criminal liability. To claim self-defense in Houston, you must be able to prove that you used a necessary degree of force. This means that if you did not have the reasonable belief that your life was in danger, you may not have a legal justification.

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 Posted on May 12, 2025 in Criminal Defense

Words have weight – and sometimes, they come with legal consequences. If you are accused of making a terroristic threat, you could face misdemeanor or felony charges depending on the specific act. Whether it was intended as a joke or not, you could find the police knocking at your door with a warrant for your arrest. Before you panic, you should get in contact with a Houston criminal defense lawyer who can represent you at a hearing.

At Murphy & McKinney Law Firm, P.C., we understand how stressful your criminal case may be to you, especially if you have never been arrested before. We will take a close look at the statement that led to your arrest, looking for mitigating circumstances or possible defenses.

Terroristic Threats Must Be Violent

To qualify as a terroristic threat, the inciting words must carry a direct threat of violence. This can be directed towards either people or property. Examples of terroristic threats may include:

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 Posted on May 05, 2025 in DUI/DWI

Despite endless persuasion campaigns pushing Houston residents to avoid driving while intoxicated (DWI), the number of arrests for DWI has soared in recent years. According to the Harris County Sheriff's Office, more than 10,500 people were arrested under suspicion of DWI in Harris County during the first eight months of 2019 alone. If that sounds high, that is because those numbers are much higher than the prior year.

While the number of arrests is fairly easy to track, it is less clear how many of these arrests are wrongful. After all, not all DWI arrests result in a formal charge. In other instances, DWI charges are dismissed by the prosecutor or rejected at trial by a jury. If you have been wrongfully charged with DWI, a Houston criminal defense lawyer at Murphy & McKinney Law Firm, P.C. can provide you with devoted advocacy in court.

Frequency of False DWI Arrests

According to statistics compiled by the FBI, there are more than 10 million arrests each year. That works out to one arrest in the United States every three seconds. Unfortunately, the court systems throughout the country are far less apt to provide data than law enforcement agencies. Because of this, there is little information on the results of these cases.

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 Posted on April 30, 2025 in Criminal Defense

For most people, the words driving while intoxicated conjure visions of a person inebriated with alcohol behind the wheel of a car. However, there are countless substances capable of intoxication. From prescription drugs to illegal narcotics, these substances present a challenge to law enforcement because all of their training is generally focused only on determining alcohol impairment. Unlike the amount of alcohol in the bloodstream, the volume of these substances in the bloodstream cannot be objectively measured because there have not been objectively defined limits for drugs in all persons.

The series of tests and observations law enforcement authorities created for identifying drug intoxication is known as the Drug Recognition Expert (DRE) protocol. The DRE protocol is a hocus-pocus police tool that has the greatest potential to wrongfully convict a sober and innocent person who is being therapeutically treated by a physician.

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 Posted on April 23, 2025 in Criminal Defense

Getting stopped by the police can be overwhelming and stressful. You might not be sure what you need to say—and what you should not say—when they ask questions. One charge you could face in Houston that surprises many people is "Failure to Identify." This criminal charge can apply if you do not give your name when asked, or if you give false information. But when are you legally required to identify yourself and what happens if you do not? A knowledgeable Houston criminal defense lawyer can answer your questions and help ensure that your rights are protected.

What Does "Failure to Identify" Mean in Houston?

Under Texas law, if a police officer has lawfully arrested you, you must provide your correct name, address, and date of birth when asked. If you give a fake name or lie about your information, you could be charged with Failure to Identify. These charges can be brought under several circumstances, including:

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 Posted on April 17, 2025 in Criminal Defense

Being arrested for a criminal offense is a stressful experience, but knowing your rights during that time can make a major impact on how you navigate it. In Texas, as in other states, arresting officers are required to inform you of your rights when you are arrested and before you are questioned. These rights, commonly known as your Miranda rights, include the right to remain silent and the right to an attorney. What happens if you are arrested and not read your Miranda rights? Can this affect your case? Read on for valuable insight by a seasoned Houston criminal defense lawyer.

What Are Miranda Rights?

Miranda rights were established by the U.S. Supreme Court in the landmark ruling stating that people must be informed of certain rights before they are interrogated while in custody. These rights are meant to protect against self-incrimination and ensure fair treatment during the criminal justice process. In Texas, law enforcement must read you your Miranda rights when you are in custody and before you are interrogated.

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