Murder

Irving Murder Defense Attorney

Legal Help From an Attorney Who Handles Your Case Personally

A murder charge is among the most serious situations Texas law can impose on a person. Whether you’ve been arrested, contacted by detectives, or you’re a family member trying to understand what comes next, the decisions made in the first hours matter. I’m Erin Kelley, and I personally handle every case at Kelley Legal. I don’t hand files to associates. You work directly with me from the first call through resolution.

I intentionally keep my caseload smaller than most defense attorneys so I can give each client and their family the focused attention a first-degree or capital felony demands. I’m also bilingual in Spanish, which means Spanish-speaking clients work with me directly without needing a translator. Questions get answered within two business hours. Payment plans are available, and the initial consultation is free.

If you or someone you care about is facing a murder charge or a police investigation in Irving, call me at (469) 564-3420. Early legal involvement can affect how a case develops before charges are formally filed.

Murder & Capital Murder Under Texas Law

Texas Penal Code Chapter 19 defines four homicide classifications: capital murder (§ 19.03), murder (§ 19.02), manslaughter (§ 19.04), and criminally negligent homicide (§ 19.05). Murder and capital murder carry the most severe penalties, and cases filed in Irving are prosecuted in Dallas County criminal court.

Murder Under § 19.02

Under § 19.02, murder is a first-degree felony. The prosecution can pursue a murder charge on three theories: an intentional killing, an act intended to cause serious bodily injury that results in death, or the felony murder rule. This is a death that occurs during the commission or attempted commission of a qualifying felony, even without intent to kill. A conviction carries 5 to 99 years or life in prison, plus a fine of up to $10,000.

Capital Murder Under § 19.03

Capital murder under § 19.03 is a capital felony carrying either life without parole or the death penalty. Aggravating circumstances that elevate a murder charge include killing a peace officer or firefighter on duty, murder for hire, killing a child under 10, killing multiple victims, or murder committed during kidnapping, robbery, or sexual assault.

The Sudden Passion Defense

One important sentencing option in standard murder cases is the sudden passion defense, raised at the sentencing phase rather than the guilt phase. If a defendant can show by a preponderance of the evidence that the killing arose from sudden passion caused by adequate provocation, the offense is reduced to a second-degree felony. This creates a penalty range of 2 to 20 years rather than 5 to 99. It doesn’t result in acquittal, but it can meaningfully change the penalty range at sentencing.

Why Irving Clients Choose Kelley Legal for Murder Defense

In a capital or first-degree felony case, who manages your defense matters as much as what defenses are available. I graduated from Texas Tech School of Law and hold an MBA from the Texas Tech Rawls College of Business, which shapes how I approach the strategic and analytical side of complex criminal cases. Kelley Legal has received Top 10 recognition awards in criminal defense, and I bring that same level of attention to every case I take.

My office shares space with two immigration attorneys. That arrangement isn’t incidental. I’ve represented clients in both criminal and immigration proceedings, and I understand how a murder conviction or a poorly structured plea deal can trigger deportation for non-citizen defendants. Before any plea negotiation moves forward, I examine what it means for immigration status, not just the criminal sentence.

Defense Approaches in Texas Murder Cases

No two murder cases are alike, and the right defense strategy depends entirely on the facts, evidence, and circumstances involved. That said, several categories of defense are commonly available under Texas law.

Challenging Intent
The prosecution must prove guilt beyond a reasonable doubt, including the defendant’s mental state at the time of the act. Attacking the evidence of intent, or demonstrating that the facts better support a lesser charge like manslaughter or criminally negligent homicide, is central to many murder defenses.

Self-Defense & Defense of Others
Texas law recognizes self-defense and defense of others as affirmative defenses to murder. When the facts support it, I examine whether a justification defense applies and how to present it effectively to a jury.

Evidence & Procedure Challenges
How evidence was gathered matters. Fourth Amendment violations in searches or seizures and Fifth Amendment violations in how statements were obtained can lead to suppression of evidence the prosecution depends on. Chain of custody issues and forensic handling are also scrutinized.

Early Intervention
Retaining an attorney before charges are formally filed gives the defense an opportunity to be present while investigators are still building their case. That timing can affect how the facts are framed and what evidence is preserved or challenged from the start.

Common Questions About Murder Charges in Irving

What Should I Do If Police Want to Question Me?

Don’t answer questions without an attorney present. Even if you aren’t formally charged, anything you say can be used to build a case against you. Politely invoke your right to counsel and contact me before speaking with detectives.

What’s the Difference Between Being a Person of Interest and Being Formally Charged?

A person of interest is someone investigators are looking at but haven’t yet charged. That status can change quickly. The fact that you haven’t been charged doesn’t mean legal representation isn’t urgent. Earlier involvement gives the defense more room to influence how the investigation proceeds.

Can a Murder Charge Be Reduced to a Lesser Offense?

It depends on the facts and the evidence. A charge can sometimes be reduced to manslaughter or criminally negligent homicide based on what the evidence actually supports. The sudden passion defense, raised at sentencing rather than the guilt phase, can reduce a murder conviction from a first-degree to a second-degree felony. These outcomes aren’t guaranteed, but they are real legal tools that may apply in the right circumstances.

How Does a Murder Conviction Affect Immigration Status?

A murder conviction is considered an aggravated felony under federal immigration law, which can make a non-citizen deportable regardless of how long they’ve lived in the United States or what legal status they hold. Certain plea arrangements can also trigger immigration consequences even when the criminal sentence appears favorable. This is exactly why I analyze immigration implications before advising any client on a plea.

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"Erin Kelley handled my case in the best possible manner!"
As an out-of-state client, I felt very worried and she informed me she would work her hardest to ensure a positive resolution. Not only would I recommend her because of the great work that she does and her commitment, she is very economical as well and CAN

- Anonymous

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