What is Homicide Under Texas Law?
In Texas, criminal homicide is defined as intentionally, knowingly, recklessly, or with criminal negligence causing the death of another individual.
What Are the Types of Homicide Charges in Texas?
There are four types of homicide in Texas. The main difference between each charge is the offender’s intentions. The four charges are listed below, from the most to the least severe.
1. Capital Murder
Capital murder is when an individual intentionally takes someone’s life under one of the following circumstances:
• Murdering an on-duty law officer or firefighter;
• Murdering someone while committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, retaliation, or certain types of terroristic threat;
• Murdering someone for payment or the promise of payment;
• Hiring another person to commit murder;
• Murdering someone while escaping or attempting to escape from prison;
• Murdering someone while incarcerated for murder or capital murder or while serving a life sentence for aggravated kidnapping, aggravated sexual assault, or aggravated robbery.;
• Murdering more than one person during the same criminal episode;
• Murdering someone under ten years old; or
• Murdering someone because of their employment as a judge.
Capital murder is a capital felony and is the most severely punished crime in Texas. If you are convicted, you face the death penalty or life imprisonment without the possibility of parole. The death penalty is only sentenced to defendants over the age of 17. Although Texas has the third-largest death row population in the country, it is still relatively uncommon. In 2021, three individuals were sentenced to death in Texas.
2. Murder
A person commits murder if they:
• Intentionally or knowingly cause the death of an individual;
• Intend to cause serious bodily injury and commit an act that is dangerous to human life that causes the death of another person; or
• Cause a death during a felony or while fleeing after committing a felony.
In Texas, murder is a first-degree felony. It carries a punishment of five to 99 years in prison and up to $10,000 in fines.
If the murder was committed due to a sudden fit of passion, it is a second-degree felony and punishable by two to twenty years in prison and up to $10,000 in fines. Crime of passion means that the offender committed the murder in the heat of the moment without prior planning. A common example of a crime of passion is attacking a spouse or partner when you find them in bed with another person.
3. Manslaughter
Texas law defines manslaughter as recklessly causing the death of another individual. A person acts recklessly when they know their actions are extremely dangerous but disregard the risk and act anyway. In contrast to murder, when an individual commits manslaughter, they do not intend to kill the individual.
Manslaughter is a second-degree felony punishable by two to twenty years in prison and up to $10,000 in fines. Unlike most states, Texas does not differentiate between voluntary and involuntary manslaughter. However, there are separate offenses for intoxication manslaughter and vehicular manslaughter.
4. Criminally Negligent Homicide
Criminally negligent homicide is when an individual’s extremely careless behavior causes the death of another person. Unlike manslaughter, the defendant does not need to be aware that his actions created a substantial and unjustifiable risk of harm, but under the circumstances, he should have been aware. The risk must be so great that the failure to perceive it constitutes a gross deviation from the standard of care.
An example of criminally negligent manslaughter would be if a doctor fails to realize that a patient’s oxygen tank is disconnected, and the patient dies. Criminally negligent homicide is a state jail felony. It is punishable by 180 days to 2 days in a state jail facility and up to $10,000 in fines.
What Should You Do If You Are Facing Homicide Charges in Frisco?
If you are under investigation or have been charged with a homicide offense, you should immediately reach out to an experienced Frisco criminal defense attorney. You should not speak to investigators or the police before you have representation.
The consequences of a homicide conviction are life-changing, so it is critical to have a top criminal defense lawyer fighting for your freedom.
Speak to an Experienced 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 intoxication crimes in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.