Felony Murder Trial

A Houston man is currently being tried for Murder in a case in which the victim, the man’s son disappeared and was never found. You can read more of the details here.

The case is interesting in that it demonstrates that the State can and will prosecute cases like Murder without ever finding a deceased victim. The State has the burden of proving the elements of the crime they are prosecuting beyond a reasonable doubt. That does not mean that they need direct evidence. For example the case would be much easier for the State if there was a video of the alleged murder, but that is not how murders occur. If they did the case would have likely been settled in a plea bargain.

Rather most evidence that is presented is circumstantial. It is the job of the defense attorney to vigorously contest the evidence and hold the State to their burden.

Another interesting issue in this case if that it is what is called a Felony Murder. To the non criminal defense attorney it sounds obvious that a Murder would be a Felony. However, in Texas in the criminal justice arena, that is not what me mean when we say Felony Murder. We define Felony Murder as causing a death during the course of a felony. The State, rather than having to prove the accused  intentionally or knowingly caused the death of an individual, they must prove the accused caused the death during the course of another felony, without having to prove the accused did it intentionally or knowingly.

If you or someone you know is in need of the services of Houston Criminal Defense Attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.