Round Rock Attempted Murder Lawyer

What Is Attempted Murder Under Texas Law?

Attempted murder is defined under the Texas Penal Code through a combination of two statutes: criminal attempt (§15.01) and murder (§19.02). To convict someone of attempted murder, the prosecution must prove that the defendant took a substantial step toward intentionally or knowingly causing the death of another person, but the death did not occur.

Unlike many other crimes, attempted murder requires specific intent — the state must prove that the accused fully intended to kill the alleged victim and acted on that intent.

Texas does not distinguish between degrees of attempted murder, but the classification of felony depends on the circumstances, such as use of a deadly weapon or prior criminal history.

As a former prosecutor and Texas Board-Certified criminal defense lawyer, Ryan H. Deck has specialized knowledge of the criminal justice system and the Williamson County courts, allowing him to use his expert skills to challenge the prosecution at every level — from arrest to trial.

Common Allegations That May Lead to Attempted Murder Charges

• Shooting or stabbing someone but not causing death
• Setting a fire intended to kill someone
• Hiring or soliciting someone to commit murder
• Attacking with a deadly weapon in a premeditated manner

Penalties for Attempted Murder in Texas

Attempted murder is generally charged as a second-degree felony in Texas. However, aggravating factors such as the use of a firearm or targeting certain protected individuals (e.g., public servants) can elevate the charge to a first-degree felony.

Source: Texas Penal Code §§ 15.01, 19.02, 12.32–12.33

Consequences of an Attempted Murder Conviction

Even if no one died, the consequences of a conviction are devastating:

• Life or decades in prison
• A permanent criminal record
• Loss of civil rights (voting, gun ownership)
• Damaged reputation and career
• Impact on immigration status
• Emotional trauma to families

Parole Eligibility in Attempted Murder Cases

In Texas, parole eligibility depends on the degree of the felony and whether the offense involved aggravating factors like the use of a deadly weapon.

For a first-degree felony, individuals must typically serve at least half of their sentence, or 30 years if sentenced to life, before becoming eligible for parole, whichever is less. If a deadly weapon was used, parole may be delayed even longer.

The parole board considers the nature of the offense, criminal history, and behavior in custody before making a decision.

Fighting Attempted Murder Charges

Successfully defending against an attempted murder charge demands mastery of complex legal standards, strategy, and tactics. We build your defense by:

• Challenging insufficient evidence: We assess whether the prosecution lacks physical evidence, eyewitness reliability, or proof of intent to kill — gaps that can weaken their case.
• Asserting self-defense or defense of others: If you acted to protect yourself or someone else from imminent harm, we can present this as a complete legal defense. Texas law may also justify the use of deadly force under the Castle Doctrine or Stand Your Ground statutes.
• Disputing intent to commit murder: We work to show there was no specific intent to kill — an essential element prosecutors must prove beyond a reasonable doubt.
• Abandonment of plan to kill: If you voluntarily and completely renounced the plan before causing harm, this can be a valid defense, especially if no substantial step was taken toward the act.
• Exposing mistaken identity: In chaotic or poorly investigated cases, we highlight inconsistencies or errors that could indicate the wrong person was charged.
• Uncovering constitutional violations: If law enforcement violated your rights — such as through unlawful searches, coerced statements, or denial of counsel — we fight to suppress the tainted evidence.
• Provocation into the crime: If you were provoked or coerced by another person into taking action, it may negate intent or reduce culpability. This could open the door to lesser charges or dismissal.

How We Can Help You

Our defense approach is comprehensive and client-centered. We work to:

• Protect your rights from the beginning: We intervene early to ensure you aren’t taken advantage of during interrogations or pretrial hearings.
• Conduct an independent investigation: We gather our own witness statements, examine police reports, and seek out video or forensic evidence the state may have missed or ignored.
• Identify weaknesses in the prosecution’s case: We scrutinize every element of the charges to find inconsistencies, evidentiary gaps, or flawed legal theories.
• Negotiate for charge reductions or dismissal: If the facts support it, we push for lesser charges or even complete dismissal to spare you the harshest penalties.
• Present a strong trial defense: When trial is the best or only option, we prepare a compelling defense rooted in facts, expert analysis, and aggressive courtroom advocacy.