Homicide Defense
Texas divides criminal homicide into four offenses: murder, capital murder, manslaughter, and criminally negligent homicide. The punishment ranges span from a state-jail felony to the death penalty.
Murder
Murder under section 19.02 of the Penal Code is a first-degree felony: five to ninety-nine years or life in prison. The State must prove that the defendant intentionally or knowingly caused the death of another person, or intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused death. Felony murder applies when a person commits or attempts to commit a felony and in the course of that felony commits an act clearly dangerous to human life. Fentanyl murder applies when a person dies from ingesting fentanyl—everyone in the chain of commerce resulting in his or her possession of fentanyl may be prosecuted. Neat.
Capital murder
Capital murder under section 19.03 elevates murder to a capital felony in specific circumstances: murder of a peace officer or firefighter, murder during the commission of certain felonies (kidnapping, burglary, robbery, sexual assault, arson, terroristic threat, or retaliation), murder for hire, multiple murders in the same transaction, murder of a child under ten, and murder of a judge or prison employee. The punishment is death or life without parole.
Manslaughter and criminally negligent homicide
Manslaughter under section 19.04 is a second-degree felony. The mental state is recklessness: the defendant was aware of but consciously disregarded a substantial and unjustifiable risk. Criminally negligent homicide under section 19.05 is a state-jail felony. The mental state is criminal negligence: the defendant ought to have been aware of the risk.
The line between murder and manslaughter, and between manslaughter and criminally negligent homicide, is the defendant’s mental state. We fight for the lesser charge when the evidence supports it, because the difference between recklessness and intent can be decades of prison time.
Defense
Self-defense, defense of others, and defense of property are complete defenses to homicide in Texas. The Castle Doctrine under section 9.32 creates a presumption that the use of deadly force was reasonable when an intruder unlawfully enters or is attempting to enter the defendant’s home, vehicle, or place of business.
Talk to us
713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].