Homicide Attorney in El Paso
Charged with Homicide in El Paso? Get Certified Legal Defense
At Benjamin Law Firm, we understand the gravity and complexity of facing a homicide charge. With an impressive track record of over 90% success rate in more than 2,000 cases, we stand ready to defend you with unparalleled dedication.
Led by Brock Morgan Benjamin, one of only six Board Certified Criminal Law Specialists in El Paso County, our team is equipped with the skills to navigate both state and federal courts across Texas and New Mexico. We believe in the presumption of innocence and are committed to protecting your rights and ensuring a fair trial.
Our approach is personalized and strategic, considering every detail of your case to craft a robust defense. We meticulously analyze evidence, consult with forensic experts, and, where applicable, explore options such as plea bargains to seek the most favorable outcomes.
Our homicide attorney in El Paso is a Certified Criminal Law Specialist offering free consultations and bilingual representation. Call (915) 320-6730 or reach out online—your defense starts here.
Understanding Homicide Laws in Texas
In Texas, "Criminal Homicide" is broadly defined in Texas Penal Code Chapter 19 as intentionally, knowingly, recklessly, or with criminal negligence causing the death of an individual. This chapter encompasses a range of offenses, each distinguished by the accused's mental state, the circumstances surrounding the death, and any aggravating factors.
The specific charge determines the range of penalties and the precise elements the prosecution must prove. A knowledgeable homicide defense attorney in El Paso will quickly analyze the precise charge you face.
Key Mental States in Texas Homicide Cases (Texas Penal Code § 6.03):
- Intentionally: The conscious objective or desire to engage in the conduct or cause the result. This is the highest level of culpability.
- Knowingly: Awareness that your conduct is reasonably certain to cause the result.
- Recklessly: Awareness of, but conscious disregard of, a substantial and unjustifiable risk that your conduct will cause the result. The disregard must be a gross deviation from a reasonable person's standard of care.
- Criminally Negligent: Failure to perceive a substantial and unjustifiable risk that your conduct will cause the result. This failure must be a gross deviation from the standard of care that an ordinary person would exercise. This is the lowest level of culpability.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Types of Criminal Homicide Offenses in Texas
Capital Murder (Texas Penal Code § 19.03)
Most severe homicide, punishable by the death penalty or life imprisonment without parole.
Involves specific aggravating circumstances, such as murdering a peace officer or fireman, during the course of specific major felonies (e.g., kidnapping, robbery, aggravated sexual assault), for remuneration, while escaping a penal institution, murdering multiple people, murdering a victim under 15 years of age, while incarcerated for certain offenses, or in retaliation for a judge's service.
Murder (Texas Penal Code § 19.02)
Generally a First-Degree Felony, punishable by 5 to 99 years or life in state prison and fines up to $10,000.
Occurs if one intentionally or knowingly causes death, intends serious bodily injury through a dangerous act that causes death, commits felony murder (death during commission of another felony, other than manslaughter, by a dangerous act), or knowingly manufactures/delivers certain controlled substances leading to death (new 2023 provision).
Sudden Passion Mitigation can reduce it to a Second-Degree Felony (2-20 years).
Manslaughter (Texas Penal Code § 19.04)
Generally a Second-Degree Felony, punishable by 2 to 20 years in state prison and fines up to $10,000.
Occurs if one recklessly causes the death of an individual.
Can be enhanced to a First-Degree Felony (5 to 99 years or life) if death is caused during a Damaging Critical Infrastructure Facility offense.
Criminally Negligent Homicide (Texas Penal Code § 19.05):
Lowest culpability for criminal homicide, generally a State Jail Felony.
Punishable by 180 days to 2 years in a state jail facility and fines up to $10,000.
Occurs if one causes death by criminal negligence, meaning a failure to perceive a substantial and unjustifiable risk that a reasonable person would have perceived.
Collateral Consequences
A felony homicide conviction leads to a permanent criminal record, eliminating future employment, housing, and educational prospects, and resulting in the permanent revocation of professional licenses. It also brings the permanent loss of voting and firearms rights, profound reputational damage, and often triggers civil lawsuits from victims' families. For non-U.S. citizens, it leads to severe immigration consequences, including deportation, and significantly hinders any chance of successful parole or reintegration into society.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
What Sets Us Apart As Your Homicide Defense Attorney
Choosing Benjamin Law Firm means opting for a team with proven capabilities and a client-focused approach. Here is what distinguishes our service:
- Board-Certified Leadership: With Brock Morgan Benjamin's unique certification, few attorneys match our legal defense proficiency.
- Comprehensive Court Admissions: Authorized to practice in major court districts across Texas and New Mexico, we promise expansive and thorough representation.
- Bilingual Communication: Our bilingual service ensures our clients fully understand their defense process, bridging any communication barriers.
Take Control Of Your Defense Today
If you're facing homicide charges, choosing the right defense attorney can significantly impact the outcome. At Benjamin Law Firm, we are committed to offering you robust defense strategies that protect your rights and navigate you through the legal complexities.
With our proven track record, bilingual capabilities, and the unique qualifications of our leading attorneys, we’re dedicated to fighting for the best possible result in your case.
Contact us online today at (915) 320-6730 for a consultation. Let us help you face this challenging time with confidence and clarity.
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"Results Speak for Themselves"
Brock is a very capable and experienced attorney. I got a complete dismissal for my family violence charge. He has a respectable relationship with the courts, attributing to success for his clients.- Joshua J. -
"Nothing But Great Things to Say"
They are a group of experienced and professional individuals. With their knowledge and constant hard work, my case was resolved and dismissed. I would recommend Benjamin Law Firm without any doubt.- Former Client
