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Houston Texas Criminal Defense Lawyer Wayne Goralski

 An experienced criminal lawyer fighting for your rights

Criminal Homicide

If you have been investigated, arrested, and charged with murder or manslaughter or related charges in Texas, you need an experienced criminal defense lawyer on your side.

If you want justice, then you will have to fight for it and present your case in the best possible light. The other side wants to win, if you have been charged with a crime in Texas, you need an experienced criminal defense lawyer on your side.  Attorney Wayne Goralski  will fight to defend the rights of his clients. He has built his reputation on getting results. He is intimately familiar with all facets of the Texas criminal justice system, and has the criminal defense knowledge and skill to make sure you understand your legal options and to guide you through the criminal legal process.

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Attorney Wayne Roger Goralski is a Houston-based attorney, working as a criminal defense lawyer and handling civil litigation cases, has more than 27 years of experience as a former criminal justice professional with the Houston Police Department. As a criminal defense lawyer Wayne Goralski understands how to deconstruct a criminal case, and build your defense case, so that you can assert the best criminal defense.  Wayne has been trained and has completed legal review of Criminal Homicide Investigations as an police investigator for the Houston Police Department. Wayne is now honorably retired and practicing law as the owner of his own law office. Wayne Goralski spent 10 years working the streets of Houston as a Supervisor and a Police Officer, and 17 additional years as a Squad and Division Commander. Wayne Goralski worked for several years as the Supervising Staff Attorney, in the Chief’s Command for the Chief of Police.  Wayne Goralski has been a licensed Texas attorney for 17 years, since 1997.

Based in Houston Criminal Attorney Wayne Goralski has handled cases for clients in numerous Texas Courts including the Harris County Civil, District and County Criminal, Family, and Juvenile Courts. Wayne Goralski has represented clients, all over Southeast Texas, including various related city courts, Houston, Pasadena, Baytown, Bellaire, League City, Missouri City,Pearland, Seabrook, Stafford, Sugarland, Tomball, and in the Woodlands.If you need an experienced based in Houston criminal lawyer, call Wayne now.

The list of crimes and variations that form the category known as Criminal Homicide in Texas are found in Chapter 19 of the Texas Penal Code.  Based on the context, the situation, and the characteristics of the act, the exact title of the criminal offense and penalties will vary. It is important to hire an experienced Texas or Houston Criminal Defense Lawyer who will examine and find each and every disputable element to the benefit of the defendant. The prosecutor will be required to both present admissible evidence and prove a link connecting that evidence to every element of the offense.  Wayne will work your case to ensure that your defense is the strongest it can be.

Criminal Homicide consists of the following elements:

Sec. 19.01.  TYPES OF CRIMINAL HOMICIDE.  (a)  A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

(b)  Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

Sec. 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.

Sec. 19.03.  CAPITAL MURDER.  (a)  A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1)  the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2)  the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

(3)  the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4)  the person commits the murder while escaping or attempting to escape from a penal institution;

(5)  the person, while incarcerated in a penal institution, murders another:

(A)  who is employed in the operation of the penal institution; or

(B)  with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(6)  the person:

(A)  while incarcerated for an offense under this section or Section 19.02, murders another; or

(B)  while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(7)  the person murders more than one person:

(A)  during the same criminal transaction; or

(B)  during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;

(8)  the person murders an individual under 10 years of age; or

(9)  the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

(b)  An offense under this section is a capital felony.

(c)  If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

Sec. 19.04.  MANSLAUGHTER.  (a)  A person commits an offense if he recklessly causes the death of an individual.

(b)  An offense under this section is a felony of the second degree.

 

Sec. 19.05.  CRIMINALLY NEGLIGENT HOMICIDE.  (a)  A person commits an offense if he causes the death of an individual by criminal negligence.

(b)  An offense under this section is a state jail felony.

Don’t delay. Contact the Law Office of Wayne Goralski today.   
When you have been charged with a crime, choose a based in Houston criminal defense attorney with the experience and dedication to make a difference. Call 832-834-4656 or contact the office online to schedule your initial consultation regarding your criminal case. Hire a criminal lawyer with offices conveniently located in Houston, Texas. Mr. Wayne Goralski is a Houston Criminal Defense Lawyer who stands ready to represent you in your criminal matter.

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