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Texas Murder Cases: Best Defense Strategies

Updated: May 9, 2024 @ 11:05 am

Less than 1 minute Reading Time: Minutes

The Texas Penal Code defines murder as intentionally or knowingly causing the death of another person. Texas law distinguishes between murder and capital murder, with the latter carrying the weight of potential capital punishment. However, a death penalty ruling on a Capital Murder conviction usually hinges on specific aggravating circumstances.

At Tad Nelson & Associates, we have multiple decades of experience defending people charged with multiple forms of criminal homicide ranging from intoxication manslaughter to Capital Murder.

If you need legal representation or are seeking legal counsel for a loved one, contact our law firm today. We can be reached at 713-802-1631. We offer affordable, flexible legal fees and 100% free case evaluations. Contact us 24/7.

Houston Criminal Defense Lawyer Tad Nelson

Let’s look at some tactical defenses to murder accusations.

Common Criminal Homicide Defense Strategies

Do You Have an Alibi?

One of the most profoundly effective defenses is the alibi.

If we can establish that you were elsewhere when the crime occurred, the foundation of the prosecution’s case may crumble. This strategy demands meticulous evidence gathering. Evidence may include anything from digital footprints to eyewitness accounts.

As experienced Texas murder defense lawyers, we know what it takes to construct an unassailable narrative of innocence, assuming we can prove you weren’t there.

Was the Murder in Self-Defense?

Texas law acknowledges the right to protect oneself from imminent harm under certain conditions. If we can demonstrate that you acted in self-defense or were defending another person lawfully, you could walk. This is an acceptable defense in Texas courtrooms.

Obviously, we’ll need to know and have the ability to prove the circumstances of the incident. Once we have all the details together, we’ll be in a great position to construct a narrative of necessity rather than culpability.

The Insanity Defense


The insanity defense is hard to prove, but it can be done. Sometimes, it’s a powerful strategy in specific cases. Sometimes, it’s a waste of time & resources. However, under Texas law, it may be a viable defense strategy.

If we can establish that you were incapable of discerning right from wrong due to a severe mental disease at the time of the crime, you may be found not guilty by reason of insanity.

This defense strategy involves a rigorous examination of mental health records, expert psychiatric evaluation, and a compelling presentation of evidence regarding mental state. Again, this is a hard defense strategy. But it works in some cases.

A Case of Mistaken Identity

If it wasn’t you, it wasn’t you.

Forensic evidence holds sway in murder cases. Mistaken identity happens all the time, and it’s usually due to well-meaning eyewitnesses.

Through a meticulous review of the prosecution’s evidence, witness statements, and digital forensics, we may be able to challenge the prosecution’s assumptions.

If we’re successful at undermining the credibility of the factors leading to your identification as a suspect, we could get the murder charge dismissed during pre-trial.

The Accidental Death Defense

Not every homicide is murder. Texas law distinguishes between intentional actions and those resulting in unintended consequences. If we can demonstrate that the death was a tragic accident, the judge should order the murder charges dropped. This assumes that your actions were without malicious intent or recklessness.

If no crime occurred, no crime occurred. No sense in wasting the court’s time.

Were Your Constitution Rights Violated?

Procedural Missteps: The Achilles’ Heel of Prosecution

At times, the best defense strategy lies not in the facts of the case but in the process of law enforcement itself. Violations of constitutional rights, mishandling of evidence, or procedural errors can undermine the prosecution’s case.

Our vigilance in identifying these missteps can turn the tide. If we can prove prosecutorial misconduct or that your Rights were violated by law enforcement, the State of Texas won’t be able to prosecute.

Your God-given Rights & the law matters.

Leveraging the Texas Constitution and the Constitution of the United States is almost always the best way out when the situation presents itself.

Resource: Proven Defenses for Texas Misdemeanor & Felony Cases

Attorney Tad Nelson - Board Certified in Criminal Law

Facing Criminal Homicide Charges in Houston?

Talk with Tad Nelson & Associates About The Matter. You Might Be Surprised.

At Tad Nelson & Associates, our commitment to our clients is unwavering. Armed with scientific acumen, legal expertise, and a deep understanding of acceptable Texas murder defense strategies, we may be able to do you some good.

For those seeking a Houston Criminal Defense Lawyer with experience fighting murder charges, let us review your case at no charge. Our law firm is always ready to deploy an arsenal of defense strategies tailored to the unique contours of your case.

If you have questions, call us 24/7 at 713-802-1631. Ask for Tad, Shelly, or Amber.

Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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