Capital Murder is the most serious charge in Texas law, carrying only two possible sentences: life in prison without parole, or death. A capital case demands the most thorough, careful, and experienced defense from the very first day.
What Makes a Murder 'Capital'
Under Texas Penal Code § 19.03, a murder becomes capital murder when it is accompanied by certain aggravating circumstances — for example, the murder of a peace officer or firefighter on duty; murder committed during another felony such as robbery, burglary, kidnapping, or aggravated sexual assault; murder for hire; murder of a child under 10; or the murder of more than one person in the same scheme.
Punishment
Capital murder is a capital felony. If the State seeks the death penalty, the punishment is either death or life without parole. If it does not, the sentence is automatic life without parole for adult defendants.
How These Cases Are Defended
Capital defense is its own discipline. It requires an immediate, independent investigation of guilt-innocence issues — identity, self-defense, the underlying felony, forensic reliability — as well as a thorough mitigation investigation. Every search, statement, and piece of forensic evidence must be scrutinized, because the stakes could not be higher.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.