Posted on August 27, 2025 in Criminal Defense

While Houston and the entire state are definitely tough on crime, and a murder conviction often means a life sentence or the death penalty, the state does recognize that not all killings occur under the same set of circumstances. In some cases, a person may act in the heat of the moment, provoked by overwhelming emotions. In cases where this is true, the law may treat the offender differently, bringing in the concept of "sudden passion" (Texas Penal Code Section 19.02(d)).

If the defense attorney can prove sudden passion, a murder conviction can be reduced from a first-degree felony to a second-degree felony, dramatically lowering the sentence. If you have been charged with murder, your Houston, TX criminal defense lawyer will look at every angle. If sudden passion applies, he or she will argue that at your trial.  

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 Posted on August 15, 2025 in DUI/DWI

You have made the hard but right decision to fight your DWI charge. After a period of pretrial negotiations, motions, and hearings, a trial is just around the corner. Like most things in life, preparing for the trial is your first and most effective form of defense. Everything during that trial will revolve around you, so everything you do must be prepared and thoughtful.

The trial is your means of defending yourself. It is your means to an acquittal. It is your means of safeguarding your future and everything that matters to you. Your attorney, the person who will be guiding you through the process, is the one who will help you prepare. As such, your attorney is the key to a successful trial.

Doug Murphy, a Board-Certified DWI defense lawyer and a Board-Certified criminal defense lawyer, pursues each DWI case with the expectation that it will go to trial. He is not someone who likes to take plea deals unless they result in the best possible result. He knows how important a clean criminal record is for most of his clients, and he wants to keep it that way.

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 Posted on August 12, 2025 in White Collar Crimes

Money laundering is a very serious white-collar crime, and, unfortunately, in some cases, a person can be charged with money laundering or the similar crime of "structuring" when they are unaware they have done anything wrong. In the state of Texas, you can face serious criminal charges, even if you never touched illegal money, simply for how you deposit or withdraw your own funds.

This is known as structuring. Structuring involves breaking up financial transactions to avoid bank reporting requirements. Many people accused of structuring had no idea they were breaking the law. Structuring is defined under federal law (31 U.S.C. Section 5324) and (Texas Penal Code Section 34.02). Perhaps you are facing charges of money laundering or allegations of structuring. In that case, it is important that you speak to an experienced Houston, TX criminal defense lawyer as soon as possible to ensure a strong defense.

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 Posted on August 06, 2025 in Drug Crimes

Recently, a Texas Department of Criminal Justice (TDCJ) inmate was arrested and charged with federal violations regarding drug conspiracy. The man allegedly used drones to smuggle drugs and contraband into a TDCJ facility. The man is being accused of conspiracy to possess with intent to distribute methamphetamine and synthetic marijuana. If convicted, the 35-year-old man faces up to life in federal prison.

In the state of Texas, you do not have to be caught with drugs in your possession to face serious drug charges. The state has broad drug conspiracy laws that make simply agreeing to participate in a drug-related crime (even if you never touch the drugs) can lead to the same penalties as the person who does. Drug conspiracy charges are a legal "trap" that can pull in anyone from casual acquaintances to unwitting bystanders.

What drug conspiracy charges may come down to is how the law defines "agreement." If you find yourself entangled in a complex drug conspiracy case, you must speak to a knowledgeable Houston, TX criminal defense attorney. These are very serious charges with severe penalties, and hoping the charges will go away is never a good strategy for protecting your future.

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 Posted on July 31, 2025 in Criminal Defense

Not every domestic violence allegation is exactly as it appears. Often, an innocent mistake can result in injuries that the police will believe resulted from an act of domestic abuse. When there are no independent witnesses and the injured party alleges abuse, the police will typically make an arrest despite the lack of evidence.

If you find yourself in this situation, the fact that the injury occurred as a result of an accident could result in a successful defense in your case. Claiming your use of force was accidental or unintentional will not guarantee your success, especially given that some domestic violence charges do not require an intentional act.

That said, if your attorney can establish that you were acting reasonably and did not intend to harm anyone, they might secure a dismissal of the charges against you. If you face domestic violence allegations stemming from an accident, let a skilled Houston, TX domestic violence attorney from Murphy & McKinney Law Firm, P.C. evaluate your case during a free consultation.

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 Posted on July 24, 2025 in Violent Crimes

You do not have to be the person who actually kills another person to face homicide charges in the state of Texas. In certain cases, simply being involved in a crime that results in another’s death can land you behind bars for murder, even when you never actually touched a weapon.

Texas law casts a wide net when it comes to holding people responsible for deadly outcomes, from felony murder to accomplice liability. If you are being charged with murder even though you did not kill someone, consulting with a Houston, TX criminal defense attorney is the best step you can take toward protecting your rights and your future.

Felony Murder in Texas

In the state of Texas, there is intentional killing of another person, felony murder, and aiding the killer. Felony murder consists of causing a death while committing or attempting to commit a felony, even if the death is unintentional.

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 Posted on July 18, 2025 in DUI/DWI

If you have been arrested in Houston for a charge of driving while intoxicated, you may feel like you have no choice but to plead guilty and just hope for leniency. The prosecutor in your case handles these cases for a living and has the full weight of the State of Texas behind him. It is important to note, however, that Houston DWI cases can be won. One major reason that DWI cases are so defensible comes down to the arresting officers. Police officers are human and, like the rest of us, they make mistakes.

However, mistakes made during the course of a DWI investigation can have enormous consequences. DWI is a subjective opinion crime, and the whole case rests on the subjective opinion of the arresting officer. Mistakes made by police officers undermine their opinion, and jurors, judges, and prosecutors consequently give the arresting officer's opinion much less weight, if any at all. It is possible that a mistake made by a police officer could render evidence against you unreliable. In some cases, it is even possible that a mistake by an arresting officer could lead to a false accusation of intoxication.

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 Posted on July 11, 2025 in Criminal Defense

A Houston man was arrested several days ago for carjacking an elderly woman. The man confronted a 93-year-old woman and fled in her SUV. A short police chase ensued on I-45, ending abruptly when the stolen vehicle overheated. The man was charged with evading police and unauthorized use of a motor vehicle.

Surprisingly, the man was not charged with carjacking, which is a much more serious criminal offense, involving the use of force or threat of force to take a vehicle from the person it belongs to while that person is present. Unauthorized use of a motor vehicle, also known as "joyriding," is a serious criminal felony offense in its own right.

You may wonder whether accepting a plea bargain is the right choice when facing a felony charge. While accepting a deal can result in reduced charges and/or lighter sentencing, not every plea deal will automatically be in your best interests. The decision to accept or reject a plea bargain depends on the strength of the prosecutor’s case and the evidence against you.

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 Posted on July 07, 2025 in Violent Crimes

Not every criminal charge in Texas involves a direct threat or physical harm. Sometimes, reckless behavior that creates a dangerous situation can also result in criminal charges. The charge of deadly conduct does not require injury to another person, yet it can still have serious criminal penalties.

If the prosecutor believes you acted in a manner that placed others at substantial risk of serious harm – especially if a weapon was involved – you could be charged with deadly conduct. If you are facing charges of deadly conduct, it is extremely important that you speak to a Houston, TX criminal defense lawyer as quickly as possible.  

How Does Texas Law Define Deadly Conduct?

Under Texas Penal Code § 22.05, a person commits the offense of deadly conduct when he or she recklessly engages in conduct that places another person in imminent danger of serious bodily injury. If a firearm is discharged at or in the direction of a person, a habitation, building, or vehicle, the charges increase from a misdemeanor to a felony, and the penalties increase as well.  

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 Posted on June 30, 2025 in Criminal Defense

If you are arrested and charged with drug possession in Houston, no matter what drug you have been charged with possessing, the potential consequences of a conviction are severe. That said, regardless of the legal jeopardy you face, you are endowed with certain rights and liberties by the Constitution of the United States of America. These rights affect how the state can proceed with your prosecution and how law enforcement can collect evidence against you. A Houston, TX drug crimes defense lawyer can inform you of these rights and make sure that you are fairly represented.

Your Rights as a Criminal Defendant

The rights afforded to you by the United States Constitution cover everything from protection from having your testimony compelled to your right to confront the witnesses brought against you. Below are the most important rights that protect you as a criminal defendant.

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