When someone you love—or maybe even you—faces charges for murder in Frisco, Texas, everything stops. Fear, anger, confusion, and a hundred questions start piling up. What happens next? Will I lose everything? How do I protect my future? A Frisco murder attorney from Whalen Law Office can answer those questions and start building a path forward.
Whalen Law Office provides defense in high-stakes criminal cases, including murder. Our firm has gained a reputation for treating clients with respect and discretion. We build strong legal strategies aimed at securing the best outcome possible. Whether you’re under investigation or already arrested, you don’t have to go through this process alone.
Call Whalen Law Office now at (214) 368-2560 for a confidential consultation. Time matters, and so does your defense.
Table of Contents
- What Is Considered Murder Under Texas Law?
- Penalties for State and Federal Murder Charges
- Federal Murder Charges
- Common Defenses to Murder Charges
- What To Do If Arrested on Murder Charges
- Defending Against Murder Charges: How Our Lawyers Champion Your Defense
- Why Choose Us to Defend You or Your Loved One
- Texas Murder Charges FAQ
- Our Experienced TX Murder Defense Attorneys Can Help
What Is Considered Murder Under Texas Law?
Texas law treats murder as one of the most serious offenses. Defined under Texas Penal Code § 19.02, murder involves causing another person’s death with intent, knowledge, or through certain felony actions. However, not all homicides meet the legal definition of murder. Prosecutors must prove specific elements before someone can be convicted.
Murder charges generally fall into one of the following categories:
Intentional or Knowing Murder
The most direct form of murder under Texas law occurs when someone intentionally or knowingly causes the death of another person. This applies to actions like deliberately shooting, stabbing, or otherwise killing someone with a clear understanding of what the outcome would be.
For example, if a person fires a gun at someone with the intent to kill and succeeds, prosecutors can charge that individual with first-degree murder.
Serious Bodily Injury Leading to Death
Texas law also allows a murder charge when a person intends to cause serious bodily harm, but the injuries end up causing death. Even if death wasn’t the original goal, the accused’s actions still meet the legal threshold for murder if they were aware the harm could be life-threatening.
For instance, severely beating someone with the intent to hurt—but not necessarily kill—can still result in a murder charge if the person dies from those injuries.
Murder During Course of a Felony
The felony murder rule holds someone responsible for a death that occurs during the commission or attempted commission of a felony—even if the death was unintended. The idea is that committing a serious felony creates a dangerous situation, and if someone dies because of it, the person committing the felony may be held accountable for murder.
This applies in situations such as:
- A person commits a robbery, and the store clerk dies during the incident
- During a kidnapping, a victim suffers fatal injuries
- A co-defendant kills someone while both are committing burglary
The felony murder rule does not require intent to kill, only that a death occurred as a result of committing a separate felony offense.
Capital Murder
Texas law designates certain killings as capital murder, which elevates the charge and increases the potential penalties. Capital murder includes cases involving:
- Murder of a peace officer or firefighter acting in the line of duty
- Murder during the commission of specific felonies such as robbery, sexual assault, or arson
- Murder for payment (or promise of payment)
- Killing a child under the age of 10
- Multiple murders in the same transaction or during connected events
- Murder of a judge or witness as retaliation
Capital murder cases are prosecuted more aggressively, and they expose the accused to life without parole or the death penalty if convicted.
Penalties for State and Federal Murder Charges
Murder charges carry some of the harshest penalties under both Texas and federal law. Sentencing depends on how prosecutors classify the offense, the circumstances surrounding the death, and whether the case falls under state or federal jurisdiction. Convictions often lead to life-altering consequences, including decades behind bars or the death penalty.
Texas Murder Charges
Under Texas law, murder is a first-degree felony. Prosecutors must prove that the accused intentionally or knowingly caused the death of another person. A conviction can lead to the following penalties:
- 5 to 99 years/life in prison
- Up to a $10,000 fine
- Parole eligibility depending on sentence structure and prior history
If the offense meets specific legal factors, prosecutors may file the charge as capital murder, which carries even more severe outcomes.
Capital Murder Penalties
Penalties for capital murder in Texas include:
- Life imprisonment without the possibility of parole
- Death penalty by lethal injection, if sought by prosecutors and approved by a jury
Texas ranks among the states that use the death penalty most often. If prosecutors pursue capital murder charges, the defense strategy must account for the unique procedural rules and timelines involved in death penalty litigation.
Federal Murder Charges
Murder may also fall under federal jurisdiction when certain conditions exist. These include:
- The murder occurred on federal property, such as a military base or national park
- The victim was a federal officer or employee
- The offense involved interstate commerce or crossed state lines
- The case involved acts of terrorism or organized crime
Federal murder charges are prosecuted under 18 U.S. Code § 1111, which defines first-degree and second-degree murder:
- First-degree murder involves premeditation, planning, or certain aggravating factors (like committing murder during a separate felony).
- Second-degree murder generally refers to intentional killings without premeditation.
Federal penalties may include:
- Life imprisonment in a federal facility
- Death penalty, depending on aggravating factors and the recommendation of a federal jury
The federal system handles sentencing differently from Texas state courts. Federal sentencing guidelines, mandatory minimums, and supervised release terms all influence the outcome. Federal prosecutors typically pursue these cases with significant resources, and defense attorneys must prepare for intensive investigation and discovery processes.
Common Defenses to Murder Charges
No murder case is hopeless. Prosecutors must prove guilt beyond a reasonable doubt, and the defense has opportunities to challenge the case at every stage. Depending on the facts, several defenses may apply.
Self-Defense
Self-defense laws in Texas allow people to use deadly force to protect themselves if they reasonably believe they’re in danger of being killed or seriously harmed. If evidence shows that the accused acted in response to a real threat, this defense may apply.
Lack of Intent
Intent is a key element in murder cases. If the death occurred by accident, or if the accused didn’t intend to cause harm, then the charges may not meet the legal standard for murder. The prosecution must prove intent, not just that someone died.
Mistaken Identity
Sometimes, witnesses make errors or assumptions. Surveillance footage may be grainy, and memories can be unreliable. If law enforcement arrests the wrong person or fails to thoroughly investigate, a strong defense can uncover that mistake.
Insufficient Evidence
Evidence can be misleading, incomplete, or even illegally obtained. A defense attorney can challenge how the police handled the case—whether they obtained warrants properly, preserved evidence correctly, or made errors in questioning.
Alibi
A confirmed alibi showing that the accused was somewhere else when the crime occurred can seriously undermine the prosecution’s case.
What To Do If Arrested on Murder Charges
An arrest for murder triggers a legal process that moves fast and hits hard. What you do in those first moments—and the days after—can have a lasting impact.
Stay Silent
Police and prosecutors will try to get a statement. They might say it’ll help to explain your side. Don’t take the bait. Say you want a lawyer, and don’t answer questions.
Call a Lawyer Immediately
Getting an attorney on your side early helps protect your rights. A lawyer can speak on your behalf, challenge the evidence, and keep the prosecution from overreaching.
Don’t Talk to Others About the Case
Anything you say—even to friends or family—could end up being used against you. Prosecutors can subpoena those conversations, including texts and calls.
Avoid Social Media
Posting anything—even something that seems unrelated—could backfire. Prosecutors often use social media to look for inconsistencies or evidence.
Prepare for Bail and Hearings
In murder cases, bail may be denied or set very high. A lawyer can argue for a more reasonable bail or file motions to contest detention.
Defending Against Murder Charges: How Our Lawyers Champion Your Defense
At Whalen Law Office, every murder case receives a tailored defense plan. The stakes couldn’t be higher, and the firm treats each client with the care and attention their future deserves.
From day one, the legal team begins investigating the facts. They analyze police reports, review forensic evidence, interview witnesses, and look for gaps or inconsistencies in the government’s case. Whether the issue involves DNA testing, ballistics, or cellphone data, the firm works with qualified professionals to uncover the truth.
Motions to suppress illegally obtained evidence, constitutional challenges, and jury selection all play a part in the defense strategy. Every step gets taken with the end goal in mind: dismissal, acquittal, or a favorable outcome at sentencing if needed.
Whalen Law Office doesn’t wait for the prosecution to make the next move. They stay aggressive and proactive, keeping clients informed and prepared at every stage.
Why Choose Us to Defend You or Your Loved One
Murder charges require more than just legal knowledge—they require preparation, grit, and courtroom skill. Whalen Law Office offers all of that and more. Here’s what sets them apart.
Experience in High-Stakes Trials
The attorneys at Whalen Law Office have defended clients in serious felony cases across Texas, including murder. They understand courtroom dynamics and how to present compelling arguments to juries and judges alike.
Clear Communication
Clients aren’t left in the dark. The firm keeps you informed at every step so you always know what’s happening, what to expect, and how best to respond.
Strategic Defense
Every case has weaknesses, and every prosecution has pressure points. The legal team knows how to find them—and use them.
Reputation for Results
Prosecutors know which lawyers go to trial prepared and which ones cut deals. Whalen Law Office has earned a reputation for standing strong when it matters most.
Texas Murder Charges FAQ
Can someone be charged with murder even if they didn’t commit the killing themselves?
Yes. Under Texas’s felony murder rule, a person can face murder charges if they committed a felony and someone died as a result—even if they didn’t intend for that to happen.
What’s the difference between murder and manslaughter?
Murder usually involves intent to kill or cause serious injury. Manslaughter involves reckless actions that cause death, without intent. Manslaughter carries lighter penalties but is still a felony.
How long does a murder trial take in Texas?
The timeline varies. Some trials may start within months, while others can take over a year. Factors include pretrial motions, evidence review, and court scheduling.
Can someone get the death penalty in Texas for murder?
Yes. Texas allows the death penalty for capital murder. Whether prosecutors seek it depends on the facts of the case and decisions made during the indictment process.
What rights do I have after being arrested for murder in Texas?
You have the right to remain silent, the right to an attorney, and the right to a fair trial. You’re presumed innocent until proven guilty, and prosecutors must meet a high burden of proof.
Our Experienced TX Murder Defense Attorneys Can Help
Murder charges carry some of the heaviest penalties under the law. If convicted, you or your loved one could spend decades—or the rest of your life—in prison. Some cases even end in a death sentence.
That’s why your defense needs to start now. Whalen Law Office builds powerful defenses designed to protect your freedom and future. Their attorneys fight hard in courtrooms across Texas and don’t back down when the stakes are high.
Contact us now for a confidential consultation. Let a dedicated criminal defense lawyer in Frisco, TX at Whalen Law Office help you move forward with the strongest defense possible.
Whalen Law Office – Frisco Location
9300 John Hickman Pkwy #501
Frisco, TX 75035
P: (214) 368-2560
