Texas Sudden Passion defense is a trial strategy that can be used in the punishment stage of a trial in a murder case. In Texas the crime of murder is a first-degree felony that has a punishment range of 5 years to 99 years or life. Texas Sudden Passion is a murder that happens in the heat of the moment when a person doesn’t have to time to think about taking a life but is reacting to the situation. It is an emotional response that often occurs during an argument.
Depending on the facts of the case the Defense may be intitled to have the Sudden Passion defense included in the Judge’s jury instructions. The Texas Sudden Passion defense is defined as ” passion arising out of provocation by the individual killed”. The passion must arise at the time of the offense and not due to former provocation. The definition for sudden passion must be due to “Adequate Cause”. The definition for adequate cause is, ” cause that would commonly produce a degree of anger, rage, resentment, or terror, in a person of ordinary temper, sufficient to render the mind of cool reflection.”
The defense can raise the Texas Sudden Passion defense in the punishment phase and has the burden of proof to prove sudden passion by the preponderance of the evidence. If the jury finds that the murder was committed due to sudden passion, then the penalty range is lowered to 2 to 20 years in prison.
If you are charged with the crime of murder, you should hire an experienced criminal attorney as soon as possible. An experienced criminal lawyer will investigate all possible defenses and any mitigating issues such as sudden passion.