Murder & Homicide Defense Attorney in McKinney & Collin County

A murder charge is the most serious accusation the State of Texas can bring. The investigators are already building a case. The prosecutors are already deciding how hard to push. What you say in the next 24 hours — to police, to family, to anyone — can shape the rest of your life. If you or someone you love has been arrested for, questioned about, or named in a homicide investigation in McKinney, Plano, Frisco, Allen, or anywhere in Collin County, do two things: stop talking, and call a defense lawyer who handles homicide cases. Kent Starr answers his phone 24/7 at (214) 982-1408.

What Texas law says about homicide

Texas treats homicide as a graduated set of offenses under Chapter 19 of the Penal Code. The charge depends on the mental state alleged and the circumstances of the death.

Murder — Tex. Penal Code § 19.02. Murder is a first-degree felony. The State must prove the defendant intentionally or knowingly caused the death of another person, or intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused death. The punishment range is 5 to 99 years or life in prison, with a fine of up to $10,000.

Sudden passion. Section 19.02 also recognizes a sentencing-phase mitigation. If the defense proves at the punishment phase, by a preponderance of the evidence, that the defendant caused the death under the immediate influence of sudden passion arising from an adequate cause, the offense is punished as a second-degree felony — 2 to 20 years instead of 5 to 99. Sudden passion is not a defense to guilt. It is a finding that lowers the sentencing range after a guilty verdict.

Capital murder — Tex. Penal Code § 19.03. Capital murder is a capital felony, the most serious classification in Texas law. The penalty is either life imprisonment without the possibility of parole or, where the State seeks it, the death penalty. A murder becomes capital murder only when one or more statutory aggravators apply. Among them:

The victim is a peace officer or firefighter killed in the lawful discharge of an official duty.
The killing occurs in the course of committing or attempting to commit an enumerated felony — including kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.
The victim is a child younger than 10.
The defendant causes the death of more than one person during the same criminal transaction or in a related scheme or course of conduct.
The murder is committed for remuneration or the promise of remuneration.

If the indictment alleges any § 19.03 aggravator, the case becomes a capital case from day one — different procedure, different jury selection (death-qualification of jurors), and different sentencing rules.

Manslaughter — Tex. Penal Code § 19.04. Manslaughter is a second-degree felony. The mental state is recklessness rather than intent or knowledge. The punishment range is 2 to 20 years and a fine of up to $10,000.

Criminally negligent homicide — Tex. Penal Code § 19.05. Criminally negligent homicide is a state jail felony — the lowest tier of homicide in Texas. It applies where the State proves the defendant’s conduct fell so far below the standard of care a reasonable person would observe that it amounted to criminal negligence.

Section 19.06 — fentanyl-related homicide. Texas has, as part of its 2023 reforms, expanded its homicide framework to address deaths caused by the manufacture or delivery of fentanyl and fentanyl analogues. Section 19.06 addresses how those deaths are charged. In practice, prosecutors are increasingly using the new framework to bring homicide charges against alleged dealers when an overdose results in death. These cases blend homicide law with controlled-substance law and require defense counsel comfortable in both.

Penalties at a glance

The sentencing tier dictates everything — bond posture, jury selection, plea leverage, parole eligibility, collateral consequences.

Capital felony (§ 19.03 capital murder) — life without parole, or death.
First-degree felony (§ 19.02 murder) — 5 to 99 years or life, fine up to $10,000.
Second-degree felony (§ 19.02 with sudden-passion finding; § 19.04 manslaughter) — 2 to 20 years, fine up to $10,000.
State jail felony (§ 19.05 criminally negligent homicide) — 180 days to 2 years in a state jail facility, fine up to $10,000.

Any homicide conviction also carries collateral consequences far beyond the sentence — loss of firearm rights, immigration consequences, professional license revocation, civil liability to the family of the deceased, and a permanent criminal record.

If you are facing any of these charges, do not wait to call. (214) 982-1408 — available 24/7.

How Kent Starr defends homicide cases

Kent Starr has nearly 30 years of trial experience and has handled more than 15,000 cases over the course of his career. Homicide defense is not a checklist. It is the careful, methodical disassembly of the State’s theory — the timeline, the forensics, the witnesses, the law itself. The work falls into a few categories.

Justification — Chapter 9 affirmative defenses. Texas Penal Code Chapter 9 governs self-defense, defense of a third person, defense of property, and necessity. Self-defense and defense of a third person are the most common in homicide cases. When the evidence supports it, justification is a complete defense — a jury instructed correctly and persuaded that the use of deadly force was justified must acquit. Building that defense requires reconstructing the encounter from physical evidence, statements, video, and witness testimony, and presenting it in a way that fits the legal standard the jury is given.

Intent challenges. Murder under § 19.02 requires intentional or knowing conduct. Manslaughter under § 19.04 requires recklessness. Criminally negligent homicide under § 19.05 requires criminal negligence. The line between these is the mental state — and mental state is rarely captured on video. Where the facts allow, the defense can fight to push the charge down a tier by attacking the evidence of intent.

Sudden-passion mitigation. If a guilty verdict on § 19.02 looks likely, sudden passion at the punishment phase is the difference between a 5-to-99 range and a 2-to-20 range. Preparing for the punishment phase begins long before trial — gathering provocation evidence, lay witnesses, and expert testimony where appropriate.

Forensic challenges. Cause of death, time of death, scene reconstruction, ballistics, DNA, blood-spatter, and digital forensics each require their own specialist. The State’s experts are not infallible. Independent experts retained by the defense often see things the State did not, or did not disclose. Pretrial motions to challenge unreliable forensic methods can reshape what the jury hears.

Pretrial motions and suppression. Statements taken in violation of Miranda, searches conducted without warrant or consent, identifications made in suggestive circumstances — each of these is a potential motion. Winning a suppression motion in a homicide case can collapse the State’s theory.

Mitigation in capital sentencing. If the State seeks the death penalty under § 19.03, the punishment phase is its own trial. Mitigation specialists, mental-health experts, and detailed life-history investigation become central. The goal at punishment is to give the jury reasons to choose life over death.

Kent earned his JD from the University of Arkansas and a Master of Laws (LLM) in Taxation from the University of Denver. He studied at Magdalen College, Oxford, and clerked for the Supreme Court of Arkansas and the Navajo Nation Supreme Court. He is an Avvo Clients’ Choice Award recipient and was selected to Super Lawyers in 2023. The firm has more than 500 verified five-star Google reviews. Starr Law, P.C. serves Plano, McKinney, Frisco, Allen, Collin County, Dallas, Denton, Tarrant County, and federal courts in Texas. Spanish and Portuguese services available.

Frequently asked questions

What is the difference between murder and capital murder in Texas? Murder under Texas Penal Code § 19.02 is a first-degree felony punishable by 5 to 99 years or life and a fine of up to $10,000. Capital murder under § 19.03 is a capital felony, reserved for killings with specific aggravating factors — for example, the death of a peace officer in the lawful discharge of duty, a child younger than 10, multiple victims in the same criminal transaction, or a killing committed in the course of an enumerated felony. The only sentencing options for capital murder are life without parole or the death penalty.

What does sudden passion mean in a Texas murder case? At the punishment phase of a § 19.02 murder trial, the defense may raise sudden passion. If the jury finds the defendant caused the death under the immediate influence of sudden passion arising from an adequate cause, the offense is punished as a second-degree felony rather than a first-degree felony. It is not a defense to guilt — it is a mitigation finding that lowers the sentencing range from 5 to 99 years down to 2 to 20 years.

How does self-defense work in a Texas homicide case? Texas Penal Code Chapter 9 sets out the justification framework, including self-defense and defense of a third person. When properly raised and supported by the evidence, justification is a complete defense — meaning a jury that accepts it must acquit. The facts that matter include reasonable belief, immediacy of the threat, proportionality of force, and whether the defendant provoked the encounter. These cases are won and lost on scene evidence, witness testimony, and how the jury is instructed.

Can a murder charge be reduced or mitigated? Depending on the facts, a homicide charge can be addressed through challenges to intent — for example, arguing manslaughter under § 19.04 or criminally negligent homicide under § 19.05 instead of murder — through sudden-passion mitigation at the punishment phase, through forensic challenges to cause of death, or through pretrial motions that exclude key evidence. In capital cases, mitigation evidence at the punishment phase is its own distinct fight, separate from the guilt phase.

Can you get a bond on a murder charge in Texas? Bond is possible on most murder charges, though bonds are typically set high and may include conditions like GPS monitoring, surrender of passports, and no-contact orders. Capital murder is treated differently — under the Texas Constitution, bail can be denied in capital cases when the proof is evident. A defense lawyer can request a bond reduction hearing and present evidence of community ties, employment, and lack of flight risk.

How long does a murder trial take in Collin County? From arrest to verdict, a Collin County murder case usually takes a year or more. The investigation phase — obtaining the State’s file, subpoenaing scene evidence, retaining forensic experts, filing pretrial motions — takes months on its own. The trial itself may run one to three weeks for a non-capital murder; capital murder trials with a punishment phase often run longer. Rushing a homicide case is almost never in the defendant’s interest.

Call now. Do not speak to police.

If you are under investigation, in custody, or believe a homicide charge is coming, the single most important thing you can do is stop talking and call a lawyer. Anything you say to detectives — even something you believe is helpful — can be used to build the State’s case. You are not required to give a statement without counsel present.

Kent personally handles every case. Free telephone consultation — available 24/7, including nights, weekends, and holidays. The conversation is confidential. Spanish and Portuguese services available. Call (214) 982-1408 now.

Murder & Homicide Defense