Mitigating Circumstances in Houston Homicide Cases

 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.

You are also permitted to use lethal force to stop someone from committing a serious crime such as sexual assault or robbery, depending on the circumstances of the incident in question, if you reasonably believe deadly force is immediately necessary to prevent the other crimes from happening. At Murphy & McKinney Law Firm, P.C., we can review your case to see if you have grounds to claim self-defense and strategize accordingly.

Does Texas Have Castle Doctrine Laws?

In Houston, there are some situations outside of self-defense where the use of deadly force is allowed. Specifically, you might be allowed to use deadly force to protect your land or property under the following circumstances:

• If the other person was going to commit arson, burglary, robbery, or the crimes of theft and criminal mischief at night

• If lethal force was necessary to stop the other person from fleeing with your property

This defense may only apply if using anything less than lethal force would have exposed you to serious bodily injury, if it was the only way to protect or recover your property, or if it was something you could reasonably have thought was immediately necessary.

How Does Texas Prosecute Accidental Killings?

Not all homicide cases involve the intent to kill or even injure. Sometimes, tragic accidents happen. The crimes of manslaughter and criminally negligent homicide generally cover all unintentional killings. The difference between these two crimes is the level of severity.

You can be charged with criminally negligent homicide if you accidentally kill someone through conduct that you reasonably should have known would put somebody else at substantial risk. This typically involves serious carelessness, but not an outright disregard for life.

Manslaughter is similar to criminally negligent homicide. However, the key difference between the two is that manslaughter involves "reckless" conduct. To secure a conviction for manslaughter, the prosecution must prove that you showed a lack of concern for other people’s well-being.

Meet With a Houston Homicide Defense Lawyer Today

Crimes involving the death of another person are incredibly serious. If you have been charged with murder, manslaughter, or another homicide offense, Murphy & McKinney Law Firm, P.C. is ready to represent you. To schedule an initial consultation with our Houston, TX criminal defense attorney today, call our offices at 713-229-8333.