When a Texas resident is accused of first-degree murder, they are essentially being accused of willfully and deliberately killing a person. There must also be evidence that the accused person planned the murder before taking action. There are two major categories of defense: claiming that the accused person was not involved in the murder and claiming that the accused person did kill the person in question but did not commit first-degree murder.
When an accused person claims that they were not involved in the murder, their attorneys usually argue that their client was mistakenly identified as the perpetrator. In order for this defense to be effective, the accused person may need to submit an alibi that proves that their whereabouts were accounted for at the time of the supposed crime. The prosecution will be required to provide evidence to show that the accused person could be placed at the scene.
An attorney may use a number of different defenses for someone who admitted to killing the person. The most common defense is that the accused person was defending themselves or others against bodily harm. However, it may be a requirement to show that the accused person attempted to retreat before physically defending themselves. Additionally, the accused person may argue that the person's death was an accident or that the homicide was justifiable.
If a person is accused of first-degree murder, a criminal law attorney may create a defense for the person depending on the circumstances surrounding the case. For example, if the accused person has an alibi that can be corroborated, the attorney may argue that the alleged murder victim was not killed by their client. If the prosecution has strong evidence that the accused person was involved in the murder, the attorney may argue that their client was defending themselves or that the murder was accidental.