Assault and violent charges
Dallas murder and manslaughter defense lawyer.
A homicide charge is the most serious case a family can face, and it usually starts with detectives who want to talk before anyone has called a lawyer. Do not give a statement: ask for a lawyer and call us. The difference between murder, manslaughter and self-defense often comes down to what someone believed in a few seconds, and proving it takes investigators, forensic review and time, which is why the defense has to start right away. Mr. Estrada, licensed in Texas since 2003, leads these cases himself, in English or Spanish, and we answer 24/7.
Right now
If detectives are involved or someone was just arrested.
- 01
Do not talk to detectives without a lawyer
Not at the scene, not at the station and not 'just as a witness.' Do not agree to a polygraph. Say you want a lawyer, then stop. Detectives are allowed to tell you things that are not true to get you talking.
- 02
Family: never discuss the case on jail calls
Every call, video visit and message from the jail is recorded and reviewed by prosecutors in homicide cases. Talk about family and support, not about what happened.
- 03
Do not post, delete or move anything
Do not post about the death or the person who died, and do not delete messages, photos or accounts. Deleting can be charged as tampering with evidence and looks worse than what was deleted.
- 04
Write down names and cameras
Everyone who was there or nearby, and every camera that might have recorded the hours before and after. Give that list only to your lawyer.
- 05
Call us before the bond hearing
Bail in murder cases is high and can now be denied. A bond hearing with evidence about family, work and ties to the community can make the difference. The consultation is free, day or night.
Key deadlines and numbers
- Murder
- First degree felony: 5 to 99 years or lifeSource: Tex. Penal Code 19.02
- Sudden passion shown at punishment
- Reduces murder to a second degree felony: 2 to 20 yearsSource: Tex. Penal Code 19.02(d)
- Manslaughter (reckless)
- Second degree felony: 2 to 20 yearsSource: Tex. Penal Code 19.04
- Time limit to charge murder or manslaughter
- NoneSource: Tex. Code Crim. Proc. 12.01
- Parole on a murder sentence
- Not before half the sentence (or 30 years), minimum 2 yearsSource: Tex. Gov't Code 508.145
Texas law
How Texas law grades a death.
Texas homicide offenses are separated mostly by mental state: what the person intended, knew or should have been aware of. The same death can be charged as murder, manslaughter or criminally negligent homicide, or be legally justified, depending on what the evidence shows about those few moments.
| Offense | Offense level | Range of punishment and notes |
|---|---|---|
| Capital murder (for example, more than one victim, a child under 15, a peace officer, or during a robbery) | Capital felony | Life without parole, or death if the State seeks it. Different rules for people under 18. |
| Murder (intentional or knowing, or serious injury intended) | First degree felony | 5 to 99 years or life, fine up to $10,000 |
| Murder with sudden passion | Second degree felony | 2 to 20 years. The defense must prove sudden passion at the punishment phase. |
| Fentanyl delivery that causes a death (since 2023) | Murder, first degree felony | 5 to 99 years or life |
| Manslaughter (reckless) | Second degree felony | 2 to 20 years, fine up to $10,000 |
| Criminally negligent homicide | State jail felony | 180 days to 2 years in state jail, fine up to $10,000 |
| Intoxication manslaughter (death in a DWI crash) | Second degree felony | 2 to 20 years; first degree in some cases. See our intoxication manslaughter page. |
The mental state decides the charge
Murder requires intent or knowledge, or intent to cause serious injury with an act clearly dangerous to life. Manslaughter means the person was aware of a substantial risk and ignored it. Criminal negligence means the person should have been aware of the risk. Moving a case from one of these to the next can change the range by decades.
Source: Tex. Penal Code 6.03Sudden passion
If the person acted in the immediate heat of passion caused by provocation that would make an ordinary person lose control, and had no time to cool off, a murder conviction is punished as a second degree felony. The defense raises this at the punishment phase.
Source: Tex. Penal Code 19.02(d)Self-defense can make it no crime at all
Deadly force is justified when a person reasonably believes it is immediately necessary to stop deadly force or certain violent crimes against themselves or someone else. Once the evidence raises it, the State must disprove self-defense beyond a reasonable doubt. Some cases end at the grand jury when the full picture is presented.
Source: Tex. Penal Code 9.32You have a right to the State's file
Texas law requires prosecutors to share offense reports, statements, lab work and evidence that could help the defense. In a homicide case that file is large, and reading every page is part of the work.
Source: Tex. Code Crim. Proc. 39.14How we work
How we defend a homicide case.
Mr. Estrada reads every page of the file and sets the strategy. Associates, staff and outside investigators work the case with him, and the family gets updates in English or Spanish.
01
Stop the statements and fight for bond
We tell detectives you will not be interviewed, then prepare a bond hearing with evidence about your family, work and history. Under the 2025 bail laws, that hearing matters more than it used to.
02
Investigate on our own
Our investigators visit the scene, find witnesses, collect video and phone records, and look at what came before that day. We do not wait for the police file to tell us what happened.
03
Review the forensics independently
The autopsy, firearms and ballistics, DNA, toxicology and cell phone location data. When the science is in dispute, we hire our own forensic pathologist or analyst to review it.
04
Work the grand jury and pretrial stage
When it helps, we present self-defense evidence to the grand jury. After indictment, we review all discovery and file motions to suppress statements or evidence taken in violation of your rights.
05
Prepare for trial and for punishment
We prepare jury selection, witnesses and the self-defense or lesser-offense instructions. At the same time we build the punishment case: your life history, family and, when it applies, sudden passion.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Mr. Estrada did an excellent representation of my case and was very explicit and direct on what my consequences were and implications.”Questions families ask us.
- What about immigration?
- For a non-citizen, a murder conviction is an aggravated felony that almost always leads to removal, and ICE may place a hold at the jail. Even manslaughter can carry immigration consequences depending on the sentence. Tell us your status at the start.
- Can the other family sue too?
- Yes. A wrongful death lawsuit can be filed separately from the criminal case, and what is said in one can be used in the other. Do not answer any civil papers or talk to an insurance company without us.
- My son is under 17. What happens?
- The case starts in juvenile court, but for serious felonies the State can ask to certify a child 14 or older to stand trial as an adult. That certification hearing is one of the most important hearings in the case.
- Guns and the record
- Any felony conviction bars firearm possession under federal law, and homicide convictions cannot be sealed. Bond conditions will almost always forbid guns while the case is pending.
Dallas and Odessa
Homicide cases in Dallas County and Ector County.
In Dallas County, homicide arrests are booked into Lew Sterrett jail, autopsies are handled by the county medical examiner, and cases are indicted by a grand jury and tried in the criminal district courts at the Frank Crowley Courts Building on Riverfront Boulevard. In Odessa, arrests go to the Ector County jail and cases to the Ector County district courts. These cases often take more than a year to reach trial, and we stay with the family through every setting.
FAQ
Questions people ask.
What is the difference between murder and manslaughter in Texas?
Murder requires intent or knowledge, or intent to cause serious injury. Manslaughter is causing a death recklessly, by ignoring a known risk. Murder carries 5 to 99 years or life; manslaughter carries 2 to 20 years.
Can you get bond on a murder charge in Texas?
Often yes, but bonds are high, personal bonds are barred, and since late 2025 judges must deny bail if the State proves flight risk or danger. A prepared bond hearing is how you improve those odds.
Should I talk to detectives if I am only a witness?
Talk to a lawyer first. People called in as witnesses sometimes leave as suspects, and anything you say is recorded. A lawyer can arrange a safe way to share information if that is in your interest.
How long does a murder case take?
Usually more than a year, sometimes much longer, because of grand jury timing, forensic testing and the size of the file. Rushing rarely helps the defense.
Is there a statute of limitations for murder in Texas?
No. Murder and manslaughter can be charged at any time, which is why old cases are sometimes reopened with new DNA or witness evidence.
How much does it cost to hire you?
The first consultation is free. Homicide cases require investigators and forensic review, and we discuss the fee, those costs and payment options up front.
Related situations
- Violent crimes
- Intoxication assault and manslaughter
- Jail release, bond and warrants
- Juvenile defense
- Immigration consequences of a charge
- Drug possession
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.