Rockwall Murder Attorney

Are You Looking for the Best Rockwall Murder Attorney?

If you’re looking for the best Rockwall Murder attorney, then Paul Saputo and Nick Toufexis want to represent you. Numerous organizations have recognized us for our Texas criminal defense work. And more importantly, our own clients praise us for providing exceptional outcomes in difficult cases when lives are on the line.

If you are charged with Murder in Rockwall, both your life and your freedom are on the line. Texas upholds a tough on crime reputation by vigorously prosecuting individuals accused of violent offenses. Texas is in fact a national leader in executions and has a significant population of death row inmates.

Experienced Defense Against Murder Charges in Texas

The Saputo Toufexis | Criminal Defense team represents clients who are seeking the top attorneys in the field. Accordingly, our attorneys have made consistently outstanding legal representation the hallmark of our boutique criminal defense practice. Whether you are a suspect in a Murder case or a loved one is already facing Murder charges in Texas, don’t wait another minute to protect yourself and your family.

We’re not just Rockwall Murder lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. Our comprehensive approach to handling Rockwall Murder cases includes both advocacy in the courtrooms of Rockwall and tackling the collateral consequences of criminal prosecutions.

If the police have already arrested you for Murder in Rockwall, the most important thing for you to do is to hire a lawyer as soon as possible to defend you against the onslaught of prosecution by the Rockwall District Attorney. You are not guilty unless and until they prove their case in court.

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Contact a Rockwall
Murder Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Rockwall Murder Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Murder charge dropped in Rockwall, Texas?

In order to get a Murder charge dropped in Rockwall, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §19.02.^[1] Our lawyers are experts in the Texas law regarding Murder, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Murder statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Murder statute in detail on the Murder offense page. We also maintain our expertise by keeping up with the latest case law affecting Murder cases in Rockwall.

One such case is Miller v. State.

Miller v. State

In Miller v. State, decided on August 10, 2007, by the Court of Appeals of Texas, Fifth District, Dallas, Jason Nicholas Miller was convicted of Murder in Rockwall County. Miller was accused of fatally shooting Brian Fisher multiple times following an argument. The trial court’s judgment was affirmed on appeal, with the appellate court rejecting Miller’s claim of sudden passion, which would have lessened the charge to second-degree felony if proven. Miller contended that the shooting was a result of sudden passion arising from an immediate provocation by Fisher.

The appellate court’s analysis centered on the adequacy of the provocation and whether Miller’s actions were a direct result of sudden passion. Despite Miller’s assertions and some supporting testimony, other witnesses described Miller as the aggressor, who escalated the confrontation by threatening and ultimately shooting Fisher while he was seated and unarmed. The court found the evidence sufficient to support the jury’s rejection of the sudden passion defense, emphasizing the credibility of witness accounts that depicted Miller as initiating the violence.

This case highlights the stringent standards applied to claims of sudden passion within murder trials. The ruling underscores the importance of credible witness testimony and the court’s discretion in weighing conflicting narratives. The decision affirms the conviction, reinforcing the legal principles guiding sudden passion claims and their impact on sentencing in cases of violent crime.

What does a Murder charge really mean?

The general definition of the Texas charge of Murder, according to the Texas Penal Code, is as follows:

(b) A person commits an offense if the person:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or

(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.

What Types of Homicide Charges are there in Texas?

There are several different homicide crimes in Texas law. Each type is described below:

Murder

Under §19.02 of the Texas Penal Code, an individual can charged with Murder if they (1) deliberately cause another’s death, (2) intended to inflict serious bodily injury and subsequently cause another’s death, or (3) caused the death of someone while attempting or committing another felony. Additionally, there are new ways to be charged with Murder in Texas, for instance, under the new Fentanyl Murder Law. Murder charges are treated as a first-degree felony and carry a penalty of 5 to 99 years in prison, or a life sentence, unless it is proven that the murder occurred in a moment of sudden passion.

Capital Murder

Capital Murder represents the most serious category of homicide offenses. Charges of Capital Murder arise when an individual causes someone’s death while incarcerated, if the victim is under ten years old, during the murder of multiple individuals, or when the victim is a law enforcement officer, firefighter, or court employee. Additionally, the state can levy Capital Murder charges if a person causes a death while committing a kidnapping, robbery, burglary, sexual assault, arson, or terrorist act. As a capital felony, this offense can potentially lead to the death penalty for the defendant.

Manslaughter

If an individual recklessly causes someone’s death, they may face prosecution for Manslaughter. This could be classified as voluntary Manslaughter or Intoxication Manslaughter. All of these charges are felonies and can result in substantial prison sentences.

Criminally Negligent Homicide

Criminally Negligent Homicide is a charge applied when someone’s actions, which they should have known were dangerous, result in another person’s death. Both Manslaughter and Criminally Negligent Homicide involve intricate legal principles and invariably require the expertise of experienced criminal defense attorneys.

Law Enforcement Agencies in Rockwall that Make Murder Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Murder in Rockwall. Law enforcement agencies in Rockwall that most typically make Murder arrests include:

• Rockwall County Sheriff’s Office: This agency handles law enforcement duties related to Murder cases in unincorporated areas of Rockwall County and provides support to municipal police departments.
• Rockwall Police Department: Responsible for Murder cases within the city of Rockwall.
• Royse City Police Department: Responsible for Murder cases in the city of Royse City.

How do I win a Murder case in Rockwall?

To beat a Murder charge in Rockwall, Texas, you must employ every procedural tool to obtain information and thoroughly investigate the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.

Even if you believe you cannot beat the case, as your Rockwall Murder attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Rockwall Murder Attorney Case Defense Strategy

Just because someone died, even if the death was a homicide, does not automatically mean that a crime was committed. Our experienced Rockwall Murder attorneys are highly skilled in utilizing a multitude of defenses that you can use to beat Murder charges, including self-defense, defense of others, absence of intent, and accidental death, among others.

There are several affirmative defenses to Murder and all Criminal Homicide charges. However, the best defense to a homicide charge is the defense that begins before an arrest is made. If you are under investigation or a homicide crime, please schedule a consultation with us–before you agree to cooperate with a police investigation or interrogation. The decision about whether to cooperate with a police investigation is not a decision you should make alone: you need the advice of a criminal defense attorney and you need representation throughout the process.

In addition, the best defense involves a good offense. By that I mean a thorough and independent investigation, evaluation of the police department’s investigation, and forensic evidence. Our experienced homicide defense attorney can coordinate all of this in order to defend you in the most effective way possible. In addition, we can work to get a Murder indictment no-billed, before you are even formally charged.

In order to form a winning Murder case defense strategy, our attorneys Paul Sapuuto & Nicholas Toufexis, with the assistance of our professional investigation team, must thoroughly investigate the case. This includes gathering evidence, interviewing witnesses, and examining the prosecution’s evidence for weaknesses or inconsistencies. Accordingly, the preparation often starts even before the case begins. As soon as the police initiate an investigation or make an arrest, we can start our own investigation. If you want to win your case, then you should work to obtain exculpatory evidence. The state has police and investigators of their own working for them to gather evidence to support their case. As your Rockwall Murder attorney, we can’t afford to let their evidence stand uncontroverted.

Our clients take advantage of our law firm’s comprehensive investigative resources. Our dedicated team comprising paralegals, investigators, and forensic experts, collaborates with our attorneys to lay the groundwork that fortifies our cases with their extensive investigative expertise.

How much does a lawyer charge for a Murder case in Rockwall, Texas?

Attorney’s fees will vary. However, you can expect to pay from $25,000 to $100,000 on average for Murder cases in Rockwall. Some Rockwall Murder lawyers may charge much more depending on the complexity of the Rockwall case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What to Do if Falsely Accused of Murder in Rockwall

Even if someone has falsely accused you of Murder, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with Murder, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Rockwall Murder attorneys.

How can you modify your Rockwall bond conditions after a Murder arrest?

Start by consulting with your Rockwall Murder attorney. Work closely with your attorney to build a compelling case for the requested modifications.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at a Rockwall arraignment?

At your arraignment, a Rockwall judge will hear your plea of not guilty. In Rockwall, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Murder, then Texas Code of Criminal Procedure §17.40 requires Rockwall judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Rockwall Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Rockwall Murder charge in Rockwall?

The Texas Penal code outlines the range of punishment for all Murder convictions across the state. The Penal Code classifies the punishment for Murder as a first degree felony, unless the death was caused under the immediate influence of sudden passion arising from an adequate cause. In those cases, Murder is a second degree felony offense.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Murder here. Otherwise, to learn more about what kind of punishment is typical in Rockwall Murder cases, call us to schedule a consultation or book online.

Furthermore, all good Rockwall Murder attorneys will also advise you on the collateral consequences of a Murder conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment.

How is Murder defined in Texas?

Texas Penal Code § 19.02 is the state’s murder statute. The law originally provided three circumstances in which someone can be charged with murder (but as of 2024, there are more ways than this!):

• A person intentionally or knowingly causes the death of an individual;
• A person who intends to cause serious bodily injury commits a clearly dangerous act that causes the death of an individual; or
• A person commits a dangerous act in the process of committing a felony (other than manslaughter) that causes the death of another.

Are you under investigation for Murder? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, there are circumstances when we consider it. However, you should never do a police interview without your Rockwall Murder lawyer present.

When police bring you in for an interview, they already believe that you committed the offense. Accordingly, this belief will inform their interpretation of your answers. Generally, when people believe something, they will only see things that confirm their belief. This is called confirmation bias, and this is what leads to police charging innocent people with crimes.

An arrest for Murder can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.

In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Rockwall Murder attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Rockwall Murder lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Rockwall Murder attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

While on duty I was forced to defend myself with lethal force. I contacted Mr. Paul Saputo the next day and he was very friendly and reassuring when I explained the events that took place. He said he would have his investigators out that day to go over the crime scene and he explained to me what to expect next and case scenarios. I felt after speaking with him I was in good hands with a capable attorney and confident I would be represented well. He was always available when I needed to speak with him and always friendly and professional. I was cleared in this shooting and having Mr.Saputo there made this whole ordeal manageable.

– Real client review posted on Mr. Saputo’s Avvo.com profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §19.02.