Different Types of Murder in Texas

April 1, 2010



When you are being charged with some type of murder, you need to know exactly what you are up against. There are exactly four types of murder that you could be charged with. Two of them have higher consequences than the other two have which is why you need to be aware of what type of murder case you are involved in.

The first type of murder is classified as intent to kill. This type of Texas murder case is usually defined as a time when you set out to kill someone without any premeditation. Usually with the intent to kill also applies the deadly weapon rule which states that if you try to use a deadly weapon on someone, it is technically considered intent to kill that person because of the choice of object used. When there is no premeditation, it is usually considered second degree murder. If you have thoughts ahead of time to kill that person and then you act upon those thoughts, this is considered premeditation which is first degree murder.

The next type of murder in Texas is classified as Intent to Cause Serious Bodily Harm. This means that you were only intending to hurt the person seriously when you actually ended up killing that person. The reason that the murder happened in this case is because of your anger. This type of murder is usually classified as only second degree murder because of your original intent to only hurt the person; not murder the person. The consequences for second degree murder in Texas are usually between 2 and 20 years in prison with a fine of up to $10,000. Depending on how lenient the judge is will determine how severe the punishment is.

The next type of murder is classified as Depraved Heart or malignant heart murder. This is where murder gets a little bit more complicated. This means that you didn’t intend to kill the person and you are only being punished for your unacceptable conduct. This type of Texas murder case is usually classified as a second degree murder in Texas because of the person’s lack of malice toward the person that was murdered. This basically means that you were reckless in your actions and got someone killed in the process.

The last type of murder is fairly basic in its relation to the other types. The last type is classified as a felony murder in Texas. This is defined as someone being killed while the accused is committing some sort of other felony. This type of murder can be punishable with either a first or second degree murder depending on the situation surrounding all the events that took place. There are many different felonies that could go along with this type of murder including arson, rape, kidnapping, and robbery.

By: Joseph Devine

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Law School and DUI – Can You Become a Lawyer If You Have a DUI?

March 12, 2010



Law School admissions officials are often asked “can you become a lawyer if you have a DUI?” The fact is, there is a small barrier to law school with a DUI.

The reason the question comes up in regard to law school and not other graduate programs is that law students will presumably apply for admission to the bar of at least one state. And, the board of legal examiners requires a certificate of good moral standing for licensure.

As part of their background check, the state bar association will do a thorough background check. This will include pulling your criminal record, credit record, and more. You’ll even have to list every address at which you have lived any time in your life.

The bar will be looking specifically for indications of “moral turpitude.” In an attempt to protect the profession, they will exclude anyone who might steel client’s money or otherwise reflect badly on the profession.

Because law schools know that you will eventually have to go through this scrutiny, they try to see if you’ll be disqualified before they accept you. They don’t want to invest their time and your money in an education that you can’t use.

The law school will ask you whether you have ever been arrested for any crime. You’ll need to list all arrests and convictions, even if they happened when you were a juvenile, and even if they were expunged.

Having said all of that, will a DUI disqualify you from going to law school? Not in and of itself. If your record shows that you are an otherwise upstanding person of moral character, you can still be admitted to law school. However, multiple arrests or a single arrest with great bodily harm may put your application into doubt.

Be upfront with the law schools you apply to about your record. Don’t assume you can hide anything. Even if the law school does not find out about your DUI, the bar will. And, they will also find out that you lied to the law school which further puts your moral character in doubt.

You can go to law school after a DUI, but you will need to go the extra mile to show that you have the character it takes to be admitted to the bar.

By: J. T. Lawrence

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