Homicide is the most serious criminal charge that you could face in Texas. Punishment can be severe and include the death penalty or life in prison. Because of the gravity of these crimes, you will need an experienced Frisco criminal defense attorney on your side.
How Does Texas Law Define Homicide?
Texas law defines homicides as intentionally, knowingly, recklessly, or with criminal negligence causing the death of another person.
What are the Four Types of Homicide in Texas?
There are four types of homicide charges in Texas.
1. Murder. An individual commits murder under three circumstances: 1) they intentionally and knowingly take someone else’s life; 2) they intend to cause serious bodily injury and commit an act that is clearly dangerous to human life that causes the death of another person, or 3) they cause death during a felony or while fleeing after committing a felony.
2. Capital Murder. An individual commits capital murder when they intentionally take someone else’s life when also meeting one of the following criteria:
• Was paid to commit murder;
• Murdered someone while escaping from prison or within the confines of jail;
• Murdered a fireman or a member of law enforcement;
• Murdered a person involved in service with the judiciary;
• Murdered a child; or
• Committed multiple murders.
Texans can also be charged with capital murder if they intentionally kill someone while committing arson, kidnapping, robbery, burglary, terroristic threat, or sexual assault.
3. Manslaughter. An individual commits manslaughter when they recklessly cause the death of another person. This means that the defendant knows that his conduct is extremely dangerous, but he decides to disregard this risk. However, the defendant has no intent to kill. Manslaughter cases typically arise out of DWI and other fatal driving accidents.
4. Criminally Negligent Homicide. Criminally negligent homicide occurs when a person’s criminal negligence causes the death of another person. Criminal negligence is the gross deviation from what an ordinary person would do. The prosecutors will argue that the defendant’s actions were unreasonable and resulted in the death of another person. The defendant does not need to have been aware that his actions created a substantial and unjustifiable risk of harm, but under the circumstances, he should have been aware.
What are the Penalties for Homicide in Texas?
In Texas, the penalties for homicide vary greatly depending on the unique circumstances of the crime. In general, the more deliberate and heinous the killing, the more severe the punishment. The possible penalties for each type of homicide are listed below.
• Murder. Murder is a first-degree felony. It is punishable by 5 to 99 years in prison and up to $10,000 in fines.
• Capital Murder. Capital murder is a capital felony. Convicted defendants can face life imprisonment or the death penalty if they are over the age of 17.
• Manslaughter. Manslaughter is a second-degree felony punishable by 2 to 20 years in prison and up to $10,000 in fines.
• Criminally Negligent Manslaughter. Criminally negligent homicide is a state jail felony. It is punishable by a state jail term ranging from 180 days to two years and up to $10,000 in fines.
How Do You Defend a Homicide Charge in Texas?
If you have been charged with homicide in Frisco, you will need a qualified attorney by your side. There are various defenses that you could raise depending on the circumstances of your case. A few common defenses include:
• Self-Defense. In Texas, you can use deadly force in self-defense when you reasonably believe it is necessary to protect against the victim’s use or attempt to use deadly force. Additionally, you can use self-defense to prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
• Mistaken Identity. Mistaken identity argues that you were not the person who committed the homicide. This defense is often backed by an alibi proving that you were somewhere else at the time of the crime.
• Insanity. The insanity defense argues that the defendant cannot comprehend what they are doing. Individuals successful in raising the insanity defense are routinely committed for treatment.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing homicide charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against homicide charges in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.