Q: Potential sentence for husband charged with murder in self-defense case in TX?
I would like to know what potential sentence my husband might face. He is awaiting trial after being charged with murder. The incident involved a person repeatedly ramming his car. My husband shot the person in self-defense, but did not initially report the incident to the police and was later arrested. The entire event was captured on camera, and he currently has a court-appointed attorney.
A: Your husband is facing life/99 years in prison. "Self defense" is an affirmative defense, meaning it needs to be plead and proven. The stakes are extremely high and the case will be particularly rough regarding your husband not proactively reporting the incident. He gets one shot at avoiding conviction-- if his court-appointed attorney isn't meaningfully pushing a (self-) defense position, it's time to look at hiring a private defense lawyer.
A:
In Texas, murder is a first-degree felony offense. Your husband, if convicted, will then have to be sentenced within the range of punishment provided by law. The minimum sentence is 5 years imprisonment. The prison sentence can be as high as 99 years or for life. Additionally, he could be further punished by a fine not to exceed $10,000.
If he is sentenced to 10 years or less, the prison sentence could be suspended and he could be placed on community supervision (aka probation).
And by the way, some of the best criminal lawyers in Texas accept court appointments. Your husband will have to decide whether or not he's willing to go forward with a lawyer he didn't specifically choose.
You should absolutely make sure the lawyer has tried murder cases before. If he hasn't, your husband might be able to ask his judge to appoint someone with murder trial experience.
A:
You should absolutely research the court-appointed attorney to determine his/her experience handling murder cases and serious aggravated assault cases. If the attorney does not have much such experience, you need to hire a private attorney with such experience.
You should assume that the assistant DA handling your husband's case has considerable experience handling murder cases and serious aggravated assault cases, has seen what was caught on camera, and thinks that a judge or jury is likely to determine that your husband was not acting in self-defense. Your husband needs a criminal defense attorney with similar experience.
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