Murder

Murder vs. Capital Murder

Standard murder is a 1st degree felony (5 to 99 years or life in prison). Capital murder, which includes killing a peace officer, killing during a robbery or kidnapping, killing a child under 10, or killing multiple people, is a capital felony punishable by life without parole or the death penalty.

Manslaughter and Criminally Negligent Homicide

Manslaughter (recklessly causing death) is a 2nd degree felony (2–20 years). Criminally negligent homicide (causing death through criminal negligence) is a state jail felony (180 days to 2 years). An experienced attorney may be able to negotiate a murder charge down to a lesser homicide offense.

The Importance of Early Intervention

In murder cases, early intervention by an experienced attorney is critical. Evidence must be preserved, witnesses must be interviewed, and the prosecution's case must be scrutinized from the beginning. Waiting too long to retain counsel can result in lost evidence and missed opportunities to build a strong defense.

Defenses to Murder

Defenses to murder include self-defense, defense of others, lack of intent, mistaken identity, alibi, and challenging the sufficiency of the evidence. Texas law provides a robust self-defense statute that can justify the use of deadly force in certain circumstances.

Potential Penalties

• › 1st degree felony: 5–99 years or life in prison, up to $10,000 fine
• › Capital murder: Life without parole or death penalty
• › Manslaughter: 2nd degree felony (2–20 years)
• › Criminally negligent homicide: State jail felony (180 days to 2 years)

Possible Defenses

• › Self-defense or defense of others
• › Lack of intent to kill
• › Mistaken identity
• › Alibi
• › Insufficient evidence
• › Challenging forensic evidence

Frequently Asked Questions