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A murder charge is the most serious accusation a person can face short of capital murder. The exposure is enormous, the investigation is intense, and the right defense from the very beginning can change everything. Brian Foley has handled homicide cases as a former Chief Prosecutor and now defends people accused of these offenses.

What the Law Covers

Murder is defined in Texas Penal Code § 19.02. A person commits murder by intentionally or knowingly causing a death; by intending serious bodily injury and committing an act clearly dangerous to human life that causes death; or by causing a death while committing or attempting another felony (felony murder).

Punishment Range

Murder is a first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000. At the punishment stage, a defendant may raise sudden passion arising from adequate cause, which — if found — reduces the offense to a second-degree felony.

How These Cases Are Defended

A serious defense investigates everything: self-defense and defense of others, identity and alibi, the cause and manner of death, the reliability of forensic evidence and witnesses, and the lawfulness of every search and statement. The defense often begins with its own independent investigation rather than accepting the State's version.

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.

Frequently Asked Questions


What is the punishment for murder in Texas?
Murder is a first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000. If sudden passion arising from adequate cause is found at punishment, the offense is reduced to a second-degree felony.
What is felony murder in Texas?
Felony murder is when a death is caused during the commission or attempted commission of another felony, through an act clearly dangerous to human life. It is prosecuted as murder under Penal Code 19.02 even without an intent to kill.

Speak With Brian Foley Today


Free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

(936) 596-0407