Assault Defense

 Assaultive offenses generally include assault, battery, domestic (or family) violence, aggravated assault, and homicide. If you are charged or arrested for homicide you need to consult with a criminal defense attorney as soon as possible. The lawyers at Gunter and Bennett well versed in homicide offenses. Note: the criminal laws in Texas involve a separate process when a juvenile is charged with a crime.

Homicide: Murder, Capital Murder, Manslaughter, Criminally Negligent Homicide

Of course, the highest level of assaultive offenses is homicide which includes the offenses: murder, capital murder, manslaughter, and criminally negligent homicide. These are very serious crimes. Generally, murder is where a person intentionally or knowingly causes the death of a person. A person may be charged with capital murder where they intentionally or knowingly cause the death of a person in the course of committing another offense such as robbery, burglary, kidnapping (just to name a few). Manslaughter is charged when a person recklessly causes the death of another. Finally, criminally negligent homicide is just that, homicide that is caused by criminal negligence.

Punishment for Homicide

Murder is a first degree felony punishable by 5 to 99 years in prison and up to a $10,000 fine. Capital murder is considered a capital felony and is punishable by either life in prison or death. The good news is that there is no fine if you are convicted of capital murder. Manslaughter is a second degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine. Criminally negligent homicide is a state jail felony and is punishable by 180 days to 2 years in a state jail facility and up to a $10,000 fine.

If your case is dismissed it is probably eligible to be expunged. We always encourage our clients to pursue an expunction if they are eligible. An expunction allows you to legally deny that you were ever charged or arrested for a crime. It is a very worthwhile procedure and one that we can help you with.