Law Office of Angel Davila
Criminal defense

Murder & serious felonies

When an accusation makes the news, the charging document is the place to start. For a murder allegation, the state’s theory can turn on what someone intended, what caused the death, or what happened during another felony.

What’s at stake

Texas generally classifies murder under §19.02 as a first-degree felony. The ordinary prison range is five to 99 years or life, and a fine of up to $10,000 is possible. Capital murder is a distinct charge. Ask which subsection is alleged and which facts or prior convictions could change the range.

What a Texas court looks at

At an early setting, counsel can clarify whether the court is taking up bond, pending discovery or a motion. A later hearing may involve testimony about a search or interview. At trial, jurors hear admissible evidence on guilt and receive instructions tied to the charge and evidence.

What happens next

  1. Locate the court file and any custody or bond order. Counsel can identify the precise charge, immediate hearing and restrictions on contact.
  2. In Hidalgo County, prosecutors review the police submission and generally take felony allegations to a grand jury. If it returns an indictment, the case proceeds in district court.
  3. Build a chronology from the recordings, witness interviews, medical examiner’s findings and physical evidence. Counsel can assess which parts need expert review before motions, negotiations or trial.

Timing and deadlines

The first court appearance may address custody. The trial date depends on indictment, disclosure, autopsy or laboratory work, expert availability and the court’s calendar. Ask which report or ruling controls the next setting.

Costs and payment

Ask whether the fee covers grand-jury work, detention hearings, trial and expert testimony. A pathologist’s review or digital forensic examination can be a separate expense.

How to prepare

  • Bring jail location, booking number and any indictment or bond paperwork.
  • List cameras, witnesses and places connected to the timeline. Give the list to counsel.
  • Keep original photographs, devices and messages intact. Ask how counsel wants to receive them.

How Angel and his team can help

A prosecutor has to decide whether the medical findings, witnesses and timeline support the same theory of death. Angel’s past work helps him identify the points where a prosecutor might ask a detective for more evidence. For example, an arrival time in a police summary can be checked against dispatch timestamps and the original camera file.

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Questions and answers

Does an indictment mean the jury has found me guilty?

A grand jury decides whether the accusation may go forward. If the case goes to trial, the state must prove the charge beyond a reasonable doubt.

How could two people be charged after one death?

Ask which acts and mental state the state attributes to each person. A witness who places someone at the scene may say little about what that person did or intended.

What if a reporter calls my family?

A relative can take the reporter’s contact information and pass it to counsel. Save any publication that appears to quote a witness and let counsel compare it with the recorded account.

How does manslaughter differ from murder?

Texas generally defines manslaughter around recklessly causing death. Murder can rest on several statutory theories with different required facts. Counsel can map each allegation to what the state must prove and discuss whether the evidence supports an instruction on another offense.

Can an autopsy alone show who caused a death?

An autopsy may address cause of death, injuries and their possible sequence. Counsel can examine what those findings actually establish and which conclusions depend on testimony, scene evidence or additional expert interpretation.

Someone knows where I was. What should my family do?

Give counsel the person’s name and contact information and identify records such as receipts or work schedules. Ask the family to preserve originals and leave witness interviews to the defense team so each person’s account remains independent.

What should I ask before deciding on a plea offer?

Ask counsel to identify the exact offense, sentencing terms, unresolved evidence, any enhancement allegations and trial risks. Distinguish a punishment the prosecution recommends from a term the proposed agreement actually contains.

What does “sudden passion” mean in a murder case?

Section 19.02 allows the defense to raise a specific punishment-stage issue involving immediate passion from adequate provocation. If the defense proves it by a preponderance of the evidence, punishment is at the second-degree level. An argument earlier in the day alone does not establish those elements.

Let’s talk about your next step.

You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.

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Let’s talk about your case.

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