Murder

Texas Murder Defense Attorneys Dotzel Calhoun

Justin Dotzel and Luke Calhoun of Dotzel Calhoun represent individuals accused of murder and other homicide related offenses in Collin County, Dallas County, Tarrant County, Denton County, and throughout North Texas. Our attorneys are former Collin County Chief Felony Prosecutors who have handled thousands of cases and nearly 200 jury trials.

Understanding Murder and Capital Murder in Texas

Texas law breaks these charges into different categories:

Capital Murder – The most serious offense, which carries a range of punishment of Life in prison without the possibility of parole, or the death penalty. A Capital Murder accusation is reserved for specific situations, including, but not limited to:

• The alleged victim is a police officer, firefighter, or other protected official.
• The death occurs during another serious crime (like robbery, burglary, or kidnapping).
• Multiple individuals are killed.
• The alleged victim is under the age of 10.

Murder – A Murder charge carries a range of punishment of 5–99 years or Life in prison and up to a $10,000 in fine. Being charged with Murder generally means that you are accused of intentionally or knowingly causing the death of another person.

Fentanyl Murder (New Law in Texas) – Recently, Texas passed a law allowing prosecutors to treat fentanyl-related overdose deaths as murder in certain situations—even if the accused did not intend for anyone to die.

How Can Multiple People be Charged with the Same Murder? Understanding the Texas Law of Parties – This is a complex law that allows prosecutors to charge a person with Capital Murder or Murder in certain situations even if the accused is not the person who actually killed the victim. Common situations that give rise to this include when a person solicits, encourages, or aids a person to kill another, and when a group of individuals conspire to commit one felony and a Capital Murder or Murder is committed by one member of the group.

What Defenses Apply to a Murder Charge?

Defenses in a Murder or Capital Murder cases are complex, but some of the most important include:

• Self-Defense: Texas law allows you to use deadly force if you reasonably believe it is immediately necessary to protect yourself from another’s unlawful use or intended use of deadly force against you.
• Defense of Others: The Self Defense law extends to the protection of a third party in certain situations.
• Mental State: Depending on the offense you are charged with and the language in the indictment, prosecutors must prove beyond a reasonable doubt that you had a particular mental state at the time of the offense.
• Sudden Passion: This is a defense, having to do with provocation by the individual killed, that can be raised in certain types of Murder cases and can reduce the associated penalties.
• Insufficient Evidence: Eyewitness testimony, forensic evidence, and police investigations can all be challenged.
• Constitutional Violations: Illegal searches, coerced confessions, or improper police procedures may result in evidence being thrown out.

Can the Jury Hear About the History Between the Accused and the Person Who Was Killed?

In a Texas murder prosecution, the evidence is not necessarily limited to what happened during the final moments of the alleged offense. Article 38.36 of the Texas Code of Criminal Procedure allows both the prosecution and the defense to offer relevant evidence concerning the circumstances surrounding the killing, the previous relationship between the accused and the deceased, and facts that may help explain the accused’s state of mind at the time of the incident.

This can be particularly important in cases involving self-defense. Prior threats, previous confrontations, violence between the parties, communications, and other aspects of the relationship may help explain why the accused believed force was necessary when the incident occurred. The admissibility of particular evidence still depends on the applicable Rules of Evidence and the specific facts of the case.

Can a Murder Charge be Thrown Out Before Indictment?

Before the State can proceed with most felony prosecutions, including murder, in a Texas district court, the case must be presented to a grand jury, who in turn makes a determination of whether enough evidence exists to justify returning an indictment of the case and requiring the person to answer the charges in court. Grand jury proceedings are secret, and unlike a trial, defense attorneys generally do not participate directly in the proceedings. That said, a criminal defense attorney sometimes can put his or her message in front of the grand jurors by way of a “grand jury packet.”

A grand jury packet is a collection of evidence and legal arguments that a defense attorney submits to the prosecutor with a request that it be presented to the grand jury. In a murder case, a defense attorney may elect to produce a grand jury packet. In doing so, the grand jurors may consider it when deciding whether or not to indict the case.

CASE RESULT

We were hired to represent a man charged with murder in a North Texas suburb. From initial consultation until case resolution, we believed our client acted in self defense. After advocating for our client via extensive communication with the District Attorney’s office and the presentation of a grand jury packet, the grand jury returned a No Bill and declined to indict our client.

CLIENT TESTIMONIAL

“I cannot recommend Dotzel Calhoun enough. Justin and Luke were strongly recommended to me by another attorney and I was impressed from the first minute I met with them. They were very personable and did a great job of listening to my concerns and providing me with the answers I needed. They were extremely knowledgeable and let me know step by step how the process would work and what to expect. My emails and phone calls were answered the same day and I was never left wondering what was happening with my case.

Most importantly, even though I was prepared to fight and win in court, they helped to secure a No Bill from the Grand Jury and I never even had to go to trial.

During one of the most difficult times in my life, in a situation I had never been in before, they helped to provide me with a feeling of confidence and calmness when others had already written me off as a criminal. I cannot thank them enough for believing in me and all the hard work they did to help clear my name. Although I do not intend to ever be in a similar situation, if I ever need a defense attorney again, Dotzel Calhoun will undoubtedly be the first call I make!”
JB

How Can a Texas Murder Defense Attorney Help?

When the stakes are this high, you need a defense team with the knowledge, experience, and tenacity to fight for your life. A skilled attorney can:

• Conduct an independent investigation and review all forensic evidence
• Hire expert witnesses in fields like ballistics, pathology, or crime scene analysis
• Challenge unreliable witnesses or flawed police work
• Negotiate to reduce charges when possible
• Defend you relentlessly at trial to protect your future and your freedom

Take Action Now

Dotzel Calhoun regularly represents clients in Collin County, including Plano, McKinney, Frisco, and Allen, Dallas County, and throughout North Texas. If you or a loved one is facing a Murder charge, time is everything. The prosecution is already building its case—don’t wait to start building yours.

Contact Dotzel Calhoun today at (972) 372-9383, or info@dotzelcalhoun.com for a free and confidential consultation and case evaluation.