Since 1977, one-third of all executions in the U.S. were performed in Texas, according to the Texas Coalition to Abolish the Death Penalty. Although executions have significantly decreased in recent years, the fact remains that Texas is still infamous for doling out death sentences.
What crimes get the death penalty in Texas, and what rights do those charged with a capital offense have?
We’ll answer these questions and more below. In the meantime, it’s vital that you contact an experienced felony defense attorney if you or a loved one have been charged with a serious crime.
Section 19.03 of the Texas Penal Code describes some instances that may be classified as capital murder such as:
To be found guilty of any crime (including capital offenses), the prosecution must meet the strict standard of proving fault beyond a reasonable doubt. If even 1 element cannot be proven, charges may be reduced to lesser type of criminal homicide defined in the Texas Penal Code, including:
Anyone who is charged with a capital felony should seek representation from an experienced defense attorney. Aside from knowing which crimes get the death penalty, a lawyer can ensure that the state proves every element of the crime like they are required to do. If a plea agreement is warranted, having legal representation can ensure you the best deal possible.
A number of other defenses exist for capital murder, including actual innocence. The Death Penalty Information Center reports that since 1977, 185 persons who have spent time on death row were later exonerated—some too late. Among those were 16 people who were sentenced to death in Texas.
Furthermore, Texas law requires the state to turn over any exculpatory evidence, which is evidence that could prove someone’s innocence.
Individuals who chose to defend themselves in such serious cases are often unaware that such evidence even exists. When the death penalty is on the table, having a lawyer on your side could literally mean the difference between life and death.
In some cases, defendants may claim one or more affirmative defenses. An affirmative defense is one in which an individual admits guilt but claims there were mitigating factors that should lessen the punishment.
Some examples of affirmative defenses include:
All is not lost just because someone has been sentenced to death. Those who have received a death sentence are entitled to a rigorous appeals process. That process begins with an automatic appeal to the Texas Court of Criminal Appeals. There, a panel of 9 judges will review the case and issue their verdict as a published opinion.
The Texas Court of Criminal Appeals may affirm the sentence, overturn it or order a new trial. An unsuccessful outcome at this stage is not final. Defendants may still petition the U.S. Supreme Court for a writ of certiorari.
They can also file a writ of habeas corpus in state or federal court. During this stage, the accused can raise issues that weren’t heard during the original trial. This is often because new evidence was discovered or certain evidence wasn’t allowed during the original trial.
A series of final appeals often takes place once an execution date has been set. These appeals are complex and can involve everything from filing petitions with the Texas Board of Paroles and Pardons, as well as the governor.
As a last resort, the governor can also grant a 30-day stay. This stay can be issued only once per offender and is typically granted only within a few hours of the scheduled execution.
Everyone has the right to a fair trial, regardless of the crime you’ve been accused of committing. With so much at stake, those facing execution need experienced lawyers who will put up a tough fight. The best possible chance of success requires early action, so contact the Law Offices of Matthew D. Sharp at once if you or a loved one faces the death penalty.
