Murder Charges Under Texas Law

A murder charge in Texas is one of the most serious accusations a person can face.

It carries the possibility of decades in prison — sometimes life. In certain cases, it can expose someone to life without parole or even the death penalty.

But an arrest is not a conviction. And the law is more nuanced than many people realize.

Early, disciplined defense matters.

What Murder Means in Texas

Under Texas Penal Code § 19.02, murder is generally a first-degree felony.

A person commits murder if they:

  • Intentionally or knowingly cause the death of another person;

  • Intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes death; or

  • Commit or attempt to commit another felony (other than manslaughter) and, in the course of that felony, cause a death (often referred to as “felony murder”).

If convicted of murder, the punishment range is:

  • 5 to 99 years or life in prison

  • Up to a $10,000 fine

Intent is often the central issue. The difference between intentional conduct, reckless conduct, and tragic accident can determine whether someone faces life in prison or a lesser charge.

Texas takes murder charges seriously. So do we. Every detail matters — the evidence, the statements, the forensic work, the jury instructions.

Capital Murder in Texas

Capital murder is more serious than murder and is defined under Texas Penal Code § 19.03.

Capital murder is charged when specific aggravating circumstances are alleged, including:

  • Killing a police officer or firefighter in the line of duty

  • Committing murder during another felony, such as robbery, kidnapping, or sexual assault

  • Killing more than one person

  • Killing a child under 10 years old

  • Certain murder-for-hire allegations

Capital murder carries only two possible punishments:

  • Life imprisonment without parole, or

  • The death penalty (in cases where the State seeks it and the jury imposes it).

These cases demand immediate and comprehensive defense planning. The investigation, mitigation work, and strategic decisions begin on day one.

Manslaughter and Criminally Negligent Homicide

Not every homicide case involves intent to kill. Texas law recognizes lesser homicide offenses when the mental state is different.

Manslaughter – Texas Penal Code § 19.04

Manslaughter occurs when a person recklessly causes the death of another.

“Reckless” means the person was aware of a substantial and unjustifiable risk but consciously disregarded it.

Manslaughter is a second-degree felony, punishable by:

  • 2 to 20 years in prison

  • Up to a $10,000 fine

The distinction between intentional and reckless conduct can be the difference between a first-degree and second-degree felony.

Criminally Negligent Homicide – Texas Penal Code § 19.05

Criminally negligent homicide applies when a person should have been aware of a substantial and unjustifiable risk but failed to perceive it.

It is a state jail felony, punishable by:

  • 180 days to 2 years in a state jail facility

  • Up to a $10,000 fine

These distinctions are not technicalities. They are often the heart of the case.

We closely examine whether the charged offense truly fits the facts. Sometimes what initially appears to be murder may legally be manslaughter — or something less.

Self-Defense in Texas

Texas law recognizes the right to defend yourself.

Under Texas Penal Code §§ 9.31 and 9.32, deadly force may be justified if a person reasonably believes it is immediately necessary to protect against another’s use of unlawful deadly force or to prevent certain serious crimes.

Texas also recognizes the Castle Doctrine in certain circumstances.

Self-defense cases turn on careful factual analysis — what was known, what was perceived, and whether that perception was reasonable at the time.

How Murder Cases Are Defended

Murder cases are evidence-driven. They often involve:

  • Forensic testing

  • Autopsy findings

  • Ballistics and trajectory analysis

  • Digital and cell phone data

  • Surveillance footage

  • Recorded statements

But investigations are not infallible.

Witnesses can be mistaken.
Forensic interpretations can be overstated.
Statements can be taken under intense pressure.

Defense strategy may involve:

  • Challenging intent

  • Contesting identity

  • Suppressing unlawfully obtained statements

  • Questioning forensic reliability

  • Seeking jury instructions on lesser included offenses

The charge must match what actually happened — not what the State initially assumes.

A murder accusation carries extraordinary consequences. But the burden remains on the State.

The prosecution must prove every element beyond a reasonable doubt.

Careful investigation.
Strategic motion practice.
Disciplined trial preparation.

That work begins immediately.