Insider Knowledge of the Prosecution & the Bench, Applied to Your Defense
A murder charge is among the most serious allegations Texas law can bring against a person. Decades in prison, life without parole, or the death penalty are all on the table. The attorney you choose from the start can shape everything that follows.
Hernández Dauphin Legal, P.C. represents clients facing murder and capital murder charges throughout San Antonio and Bexar County. What sets our firm apart isn’t just 40 years of combined criminal defense experience. It’s where that experience comes from. Juan Carlos Hernández served as a Criminal District Court Magistrate Judge in Bexar County for five years and as a police officer with the Metropolitan Police Department in Washington, D.C. He knows how law enforcement builds a homicide case and how Bexar County courts evaluate evidence. Christine Dauphin Hernández served as a San Antonio Municipal Court Judge and Criminal Magistrate Judge from 2008 through 2020 and spent years as a prosecutor constructing the very types of cases we now defend against. That combined vantage point is rare among murder defense firms in San Antonio.
Acting quickly after an arrest matters. Early intervention by defense counsel can affect how evidence is preserved, what statements are made to investigators, and how the prosecution’s case develops before indictment. The decisions made in the first hours and days carry weight throughout the entire proceeding.
If you or someone you love is facing murder charges in San Antonio, contact Hernández Dauphin Legal, P.C. now for a free consultation in English or Spanish: (210) 970-7019.
Homicide Charges Under Texas Law: What You’re Facing
Texas law defines several distinct homicide offenses, each carrying different penalties. Understanding where a charge falls on that spectrum is the first step in building a defense.
Murder (Texas Penal Code Section 19.02)
Murder is a first-degree felony. A person commits murder by intentionally or knowingly causing another’s death, by intending to cause serious bodily injury and committing an act clearly dangerous to human life, or by causing a death during the commission or attempted commission of a felony through an act clearly dangerous to human life (the felony murder doctrine). Conviction carries 5 to 99 years or life in prison and a fine of up to $10,000. If the defense establishes at the punishment phase that the death occurred under the immediate influence of sudden passion from adequate cause, the charge reduces to a second-degree felony with a range of 2 to 20 years.
Capital Murder (Texas Penal Code Section 19.03)
Capital murder is a capital felony carrying either the death penalty or life in prison without the possibility of parole. The charge applies when murder involves specific aggravating circumstances: killing a peace officer or firefighter on duty, murder during kidnapping, robbery, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat, murder for hire, killing a child under 15, killing multiple persons, or murdering a judge in retaliation for their judicial duties.
Manslaughter and Criminally Negligent Homicide
Manslaughter under Texas Penal Code Section 19.04 involves recklessly causing another’s death and is a second-degree felony carrying 2 to 20 years. Criminally negligent homicide under Section 19.05 is a state jail felony punishable by 180 days to 2 years. Both are serious felonies that require a strong defense. Bexar County’s 10 Criminal District Courts hold original jurisdiction over all felony matters, including every level of homicide charge.
How We Build a Murder Defense in San AntonioWe don’t default to plea agreements. Our approach starts with a thorough investigation of every aspect of the arrest and the surrounding circumstances, looking for details that favor our client and expose weaknesses in the prosecution’s case. That standard comes directly from our attorneys’ experience on the other side of these cases.Juan Carlos’s years in law enforcement give us insight into where homicide investigations cut corners, misinterpret evidence, or fail to follow proper procedures. Christine’s prosecutorial background reveals how the state builds its narrative and which arguments can be effective at dismantling it. Together, we know what the prosecution is looking for before they present it.Defense Strategies We EvaluateDefense strategies we evaluate in murder cases include:Self-defense and defense of others: Under Texas Penal Code Sections 9.31 and 9.32, a person has the right to use deadly force when reasonably necessary to prevent death or serious bodily injury. Texas’s Castle Doctrine removes any duty to retreat when a person is in a place they have a legal right to be, hasn’t provoked the threat, and isn’t engaged in criminal activity.Sudden passion: Evidence that the death occurred under the immediate influence of sudden passion from adequate cause can reduce a first-degree murder charge to a second-degree felony at sentencing.Challenging forensic and physical evidence: We review police reports, crime scene documentation, autopsy reports, ballistic analysis, surveillance footage, and witness statements to identify inconsistencies and grounds for suppression motions.Lack of intent: The prosecution must prove intent beyond a reasonable doubt. Challenging the intent element is central to contesting both murder and capital murder charges.Mental competency and insanity: When warranted by the facts, we evaluate whether competency or mental state defenses apply.Credentials That Back Our ApproachWe have access to expert witnesses whose testimony can strengthen the defense on forensic, medical, and investigative questions. Our knowledge of evidence admissibility rules means we file appropriate motions, including motions to suppress, when evidence was obtained improperly. Our firm handles both state and federal charges, covering the full scope of potential murder-related prosecution.Juan Carlos earned a 10.0 Superb rating from Avvo as a Top Criminal Defense Attorney from 2017 through 2022. Christine is a Certified Mediator, supporting effective negotiation when that serves the client’s interests alongside our trial preparation. Both attorneys are members of the Texas Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers. At our boutique firm, clients work directly with Juan Carlos and Christine, not associates.
Free Consultations for Murder Charges in San Antonio and Surrounding Counties
The period between an arrest and indictment is critical. Retaining counsel immediately allows the defense to begin preserving evidence, evaluating witness statements, and advising on what to say and what not to say to investigators. Waiting can limit options.
We offer free initial consultations and handle cases in both English and Spanish. We serve clients throughout San Antonio and Bexar County, as well as Atascosa, Guadalupe, Medina, Kendall, and Wilson counties.
Call our murder defense attorneys in San Antonio now at (210) 970-7019 or reach us through our online contact form.
Stages of a Murder Case in Bexar County
Understanding what happens after an arrest helps defendants and their families know what to expect and where defense strategy applies at each phase.
Arrest and Grand Jury
After a murder arrest, the case is presented to a grand jury, which decides whether probable cause supports a formal indictment. If indicted, the case moves to one of Bexar County’s 10 Criminal District Courts. This stage is an early opportunity for the defense to evaluate the evidence the prosecution intends to rely on.
Arraignment and Plea
Following indictment, the defendant is arraigned and enters a formal plea. Defense strategy takes shape here based on the charges as filed, the evidence disclosed, and the specific facts of the case.
Pretrial Hearings
Pretrial hearings address motions to suppress evidence, expert and witness disclosures, and potential negotiations. An experienced defense attorney uses this phase to challenge how evidence was obtained, contest its admissibility, and work to reduce the prosecution’s case before trial begins.
Trial
If the case proceeds to trial, the process includes jury selection, opening statements, presentation of evidence, witness testimony and cross-examination, and closing arguments before the jury deliberates. In capital murder cases where the state seeks the death penalty, the trial includes a separate punishment phase following a guilty verdict, during which the defense can present mitigating evidence.
Appeals
A murder conviction can be appealed on grounds including legal errors at trial, improper admission of evidence, ineffective assistance of counsel, jury misconduct, or insufficient evidence to support the verdict. Post-conviction options exist and can be pursued when the record supports a challenge.