• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need to get son out of prison

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

renaeru

Junior Member
What is the name of your state?What is the name of your state? What is the name of your state? TX I need some help understanding the law. On May 25, 2004, after one-week trail my 24-year-old son was convicted of first-degree murder with sudden passion. A deadly weapon (pocket knife) was used in the altercation. He was sentenced to 10 years in prison. Here are my questions, 1. In reading law websites sudden passion should be involuntary manslaughter, it was self-defense (4 to 1). 2. Is there still a law on the books in Texas that state if you receive 15 years or less, you can be out on bail till your appeal is heard? We have given all of our money to a lawyer. If anyone knows of a lawyer who could help us out for free or time payments, that would be great. Please HELP!!!!!!
 


Shay-Pari'e

Senior Member
renaeru said:
What is the name of your state?What is the name of your state? What is the name of your state? TX I need some help understanding the law. On May 25, 2004, after one-week trail my 24-year-old son was convicted of first-degree murder with sudden passion. A deadly weapon (pocket knife) was used in the altercation. He was sentenced to 10 years in prison. Here are my questions, 1. In reading law websites sudden passion should be involuntary manslaughter, it was self-defense (4 to 1). No, second degree murder if sudden passion is proven, and it only affects sentencing. He only got 10 years for killing someone, feel blessed.


Is there still a law on the books in Texas that state if you receive 15 years or less, you can be out on bail till your appeal is heard? I have never heard of such a stupid law.


We have given all of our money to a lawyer. If anyone knows of a lawyer who could help us out for free or time payments, that would be great. Please HELP!!!!!!
Your son was convicted of 1st degree murder and deserves to be locked up.
 

CdwJava

Senior Member
renaeru said:
What is the name of your state?What is the name of your state? What is the name of your state? TX I need some help understanding the law. On May 25, 2004, after one-week trail my 24-year-old son was convicted of first-degree murder with sudden passion. A deadly weapon (pocket knife) was used in the altercation. He was sentenced to 10 years in prison. Here are my questions, 1. In reading law websites sudden passion should be involuntary manslaughter, it was self-defense (4 to 1). 2. Is there still a law on the books in Texas that state if you receive 15 years or less, you can be out on bail till your appeal is heard? We have given all of our money to a lawyer. If anyone knows of a lawyer who could help us out for free or time payments, that would be great. Please HELP!!!!!!
I cannot imagine that ANY state permits a lawfully convicted defendant to be out on BAIL pending their appeal. If that were the case, there would be no murderers locked up in TX because they all get automatic appeals.

And "sudden passion" can be equated with murder:

§ 19.02. MURDER.
(a) In this section:
(1) "Adequate cause" means cause that would commonly
produce a degree of anger, rage, resentment, or terror in a person
of ordinary temper, sufficient to render the mind incapable of cool
reflection.
(2) Sudden passion means passion directly caused by
and arising out of provocation by the individual killed or another
acting with the person killed which passion arises at the time of
the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an
individual;
(2) intends to cause serious bodily injury and commits
an act clearly dangerous to human life that causes the death of an
individual; or
(3) commits or attempts to commit a felony, other than
manslaughter, and in the course of and in furtherance of the
commission or attempt, or in immediate flight from the commission
or attempt, he commits or attempts to commit an act clearly
dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under
this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he caused the death under the
immediate influence of sudden passion arising from an adequate
cause. If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second
degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, § 1,
eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.


So, at best it is still a second degree felony murder. However, if he was convicted of FIRST DEGREE murder, apparently he did not successfully prove sudden passion.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top