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Murder and Homicide Defense Lawyer in El Paso

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If you or someone you love is under investigation or charged with murder, manslaughter, or another homicide offense, do not talk to detectives. Call a lawyer first. West Texas Trial Lawyers defends homicide cases in El Paso and San Antonio. Calls are answered 24/7. The first consultation is free and confidential.

Every lawyer at our firm prosecuted cases for the State of Texas before defending them. Founding attorney Adam Setra was a prosecutor in the 34th Judicial District Attorney’s Office, which covers El Paso, Hudspeth, and Culberson counties.

A homicide case involves a death, and grief on every side. It also carries the most serious penalties in Texas law.

What homicide offenses does Texas law recognize?

Texas Penal Code chapter 19 defines four homicide offenses: capital murder, murder, manslaughter, and criminally negligent homicide. Intoxication manslaughter is a separate offense in chapter 49. The grade depends mainly on the person’s mental state and the circumstances.

Offense

Statute

In general terms

Grade

Punishment range

Capital murder

Penal Code §19.03

Murder with specific aggravating circumstances

Capital felony

Life without parole or death (§12.31)

Murder

Penal Code §19.02

Causing a death intentionally or knowingly, among other theories

First degree

5–99 years or life, plus a fine up to $10,000 (§12.32)

Murder with sudden passion

Penal Code §19.02

Murder found to arise from sudden passion

Second degree

2–20 years, plus a fine up to $10,000 (§12.33)

Manslaughter

Penal Code §19.04

Recklessly causing a death

Second degree

2–20 years, plus a fine up to $10,000 (§12.33)

Criminally negligent homicide

Penal Code §19.05

Causing a death by criminal negligence

State jail felony

180 days to 2 years in state jail, plus a fine up to $10,000 (§12.35)

Intoxication manslaughter

Penal Code §49.08

Causing a death while operating a vehicle while intoxicated

Second degree; first degree in some circumstances after 2025 amendments (§49.09(b-2))

2–20 years (second degree, §12.33); 5–99 years or life (first degree, §12.32)

What does "sudden passion" mean?

If the defense proves the act arose from sudden passion, murder is punished as a second-degree felony instead of first-degree (§19.02). It does not erase the conviction. It changes the range.

Intoxication manslaughter

Intoxication manslaughter is usually charged after a fatal crash. It is a second-degree felony (§49.08). After 2025 amendments, it can be a first-degree felony in some circumstances (§49.09(b-2)). Our DWI and intoxication offense defense page explains how Texas defines “intoxicated” (§49.01(2)).

Is there a statute of limitations for murder in Texas?

No. There is no statute of limitations for murder or manslaughter in Texas (CCP art. 12.01(1)(A)). The State can file those charges at any time, including many years after a death.

In older cases, memories fade and evidence may be lost. The defense looks closely at how evidence was kept.

What happens during a homicide investigation?

Most homicide investigations begin before anyone is arrested. Detectives gather physical evidence, review video and phone records, and interview people. They may ask you to come in to “clear things up.” You do not have to. Say you want your lawyer, then call us.

Statements to police

Texas has specific rules for when a recorded statement can be used in court (CCP art. 38.22). The safest course is not to give a statement without a lawyer.

Forensic evidence

Homicide cases often depend on forensic work: the autopsy, scene analysis, DNA, firearms testing, and digital data. The defense can review lab files and, where appropriate, retain independent forensic consultants. Under the Michael Morton Act, the State must produce offense reports, statements, and other materials “as soon as practicable after receiving a timely request” (CCP art. 39.14).

Arrest, magistration, and bond

After an arrest, the person must be brought before a magistrate within 48 hours for warnings and bail (CCP art. 15.17). Bail in homicide cases is often high.

The grand jury

A felony case in Texas generally proceeds by grand jury indictment. In El Paso, the case is presented by the 34th Judicial District Attorney’s Office. In San Antonio, it is presented by the Bexar County Criminal District Attorney’s Office. Early contact between defense counsel and the prosecutor can matter before the grand jury acts.

When does self-defense apply in Texas?

Texas law can justify the use of force, including deadly force, in some situations (Penal Code ch. 9). In general terms, the law looks at whether the person reasonably believed force was immediately necessary, and whether deadly force was justified under the specific conditions the statute sets.

Justification depends on detailed facts that are easy to misstate under stress. Do not try to explain self-defense to detectives. Tell your lawyer first.

Calling about a family member?

You don’t need to know everything. Have these four things ready:

  • Full legal name
  • Date of birth
  • County where the charge was filed
  • The charge, if you know it


If you are missing any of them, call anyway. If detectives contact you, you can decline to answer and refer them to the lawyer. Calls from jail are usually recorded, so ask your loved one not to discuss the facts on the phone.

What to do right now

  1. Do not talk to detectives about the facts, even to explain. Say you want your lawyer.
  2. Do not post or message about the event, the person who died, or the investigation.
  3. Do not delete anything from your phone, computer, or accounts.
  4. Write down names of officers, detectives, and anyone who contacted you, with dates.
  5. Keep every paper you receive: warrants, property receipts, bond paperwork.
  6. Call us at (915) 279-0000 in El Paso or (210) 401-1000 in San Antonio.

Key facts about homicide charges in Texas

Texas Penal Code chapter 19 defines four homicide offenses. Capital murder (§19.03) is a capital felony punished by life without parole or death (§12.31). Murder (§19.02) is a first-degree felony, punished by 5 to 99 years or life. If sudden passion is proven, murder is punished as a second-degree felony. Manslaughter (§19.04) is a second-degree felony. Criminally negligent homicide (§19.05) is a state jail felony. Intoxication manslaughter (§49.08) is a second-degree felony and, after 2025 amendments, can be first-degree in some circumstances (§49.09(b-2)). There is no statute of limitations for murder or manslaughter (CCP art. 12.01(1)(A)). Self-defense and other justifications are governed by Penal Code chapter 9. Felony cases are prosecuted by the 34th Judicial District Attorney’s Office in El Paso and the Bexar County Criminal District Attorney’s Office in San Antonio.

How do former prosecutors approach a homicide defense?

Former prosecutors know how a homicide file is built, from the first call to the grand jury. Every lawyer at West Texas Trial Lawyers prosecuted cases for the State of Texas before defending them.

  • We look at whether the evidence supports the specific mental state charged.
  • We examine justification, sudden passion, and lesser offenses where the facts allow.
  • We prepare every case as if it will be tried.

We appear at the El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901, and at the Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, TX 78205. Our offices are at 1005 N Mesa St in El Paso and 40 NE Interstate 410 Loop Suite 100 Ofc G10, in San Antonio. Full service in Spanish: Le atendemos completamente en español.

Related charges are covered on our assault and family violence defense page. For an overview of Texas criminal procedure, see our criminal defense overview. Client-reported outcomes are on our case results page. As reported by clients in public Google reviews. Every case is different. Past results do not guarantee future outcomes.

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Meet Our Team

Adam Setra
Adam Setra
Attorney

Criminal Defense

Frequently asked questions about homicide charges in Texas

Yes. Texas has no statute of limitations for murder or manslaughter under Code of Criminal Procedure article 12.01(1)(A). The State can file those charges at any time. In older cases, the defense looks closely at how evidence was stored and tested, and at how witness accounts changed over the years.
The main difference is mental state. Murder under Penal Code §19.02 generally involves causing a death intentionally or knowingly. Manslaughter under §19.04 involves causing a death recklessly. Murder is a first-degree felony. Manslaughter is a second-degree felony, punished by 2 to 20 years.
Sudden passion is a finding that can lower the punishment for murder. If it is proven, murder is punished as a second-degree felony instead of a first-degree felony under Penal Code §19.02. It does not result in an acquittal. It changes the punishment range.
No. A capital felony in Texas is punished by life without parole or death under Penal Code §12.31. Whether death is sought is decided by the prosecution. A lawyer should be involved as early as possible in any capital case.
Not without a lawyer. Self-defense under Penal Code chapter 9 depends on detailed facts. Statements made under stress are easy to misstate, and anything said can be used in court. Say you want your lawyer, then call one. Your lawyer can decide how and when your account is presented.
Yes. You don't need to know everything. Have the person's full legal name, date of birth, the county, and the charge if you know it. If something is missing, call anyway. Ask your loved one not to discuss the facts on jail calls, which are usually recorded.
Generally, yes. A felony case in Texas usually proceeds by grand jury indictment. In El Paso, the 34th Judicial District Attorney's Office presents the case. In San Antonio, the Bexar County Criminal District Attorney's Office does. Defense work often starts well before that.
It depends on the charge, the evidence, and whether the case goes to trial. Your first consultation with West Texas Trial Lawyers is free and confidential, and payment plans are available. We explain the fee in writing before you decide anything.

Talk with a homicide defense lawyer now

If detectives have contacted you, or someone you love has been arrested, call now. Calls are answered 24/7. The first consultation is free and confidential.

You can also request a confidential consultation online.

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