Understanding Murder in Texas Law

Murder is a grave offense under Texas law, with severe penalties that reflect the seriousness of taking another person’s life. Understanding what constitutes murder in Texas involves delving into the specific statutes and legal definitions that distinguish this crime from other forms of unlawful killing, such as manslaughter or criminally negligent homicide. 

Texas Penal Code provides a detailed framework for what actions and intents constitute murder, along with the degrees of severity and the corresponding punishments. This exploration is crucial for comprehending how the state addresses and prosecutes cases of murder, providing clarity on the legal boundaries and the potential consequences for those found guilty of this heinous act.

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Defining Murder Under Texas Law

The Texas Penal Code defines murder in Section 19.02, outlining the specific circumstances under which an individual can be charged with this crime. Murder in Texas can be committed in several ways, each with distinct elements that prosecutors must prove beyond a reasonable doubt. Firstly, a person commits murder if they intentionally or knowingly cause the death of another individual. This straightforward definition addresses situations where the intent to kill is clear and unambiguous. The focus here is on the perpetrator’s state of mind and their purposeful actions leading to the victim’s death.

Another way murder can be committed under Texas law is when an individual intends to cause serious bodily injury and commits an act clearly dangerous to human life that results in death. This provision covers situations where the perpetrator may not have intended to kill but engaged in conduct so perilous that it led to someone’s death. The emphasis is on the dangerous nature of the actions and the foreseeability of death as a likely outcome.

A third scenario involves committing or attempting to commit a felony, other than manslaughter, during which someone causes the death of another person. This is often referred to as felony murder. For instance, if someone is committing a robbery and a death occurs as a result of their actions, they can be charged with murder even if the death was unintended. The principle behind felony murder is holding individuals accountable for deaths that occur during the commission of inherently dangerous felonies, recognizing the increased risk to human life posed by such criminal activities.

Attorney Deandra Grant

Deandra M. Grant

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Douglas E. Huff

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Texas Attorney Kevin Sheneberger

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Criminal Division Associate

Degrees of Murder and Punishments

In Texas, murder is classified into different degrees, each with varying levels of culpability and corresponding punishments. First-degree murder, often referred to simply as “murder,” encompasses the definitions previously mentioned and is considered a first-degree felony. A conviction for first-degree murder carries a potential punishment of life imprisonment or a term ranging from five to ninety-nine years in prison, along with a possible fine of up to $10,000. The severity of the punishment reflects the gravity of the crime and the state’s commitment to deterring such conduct.

Second-degree murder, also known as “sudden passion” murder, occurs when a person commits murder under the immediate influence of sudden passion arising from an adequate cause. This type of murder is considered a second-degree felony, punishable by imprisonment for a term ranging from two to twenty years and a possible fine of up to $10,000. The distinction between first-degree and second-degree murder lies in the presence of sudden passion, which can significantly reduce the severity of the punishment. However, it is important to note that the burden of proving sudden passion lies with the defense, who must demonstrate that the murder occurred in the heat of the moment rather than as a premeditated act.

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Capital Murder and Its Implications

A particularly severe form of murder in Texas is capital murder, defined in Section 19.03 of the Texas Penal Code. Capital murder involves specific aggravating factors that elevate the crime to the highest level of severity, potentially warranting the death penalty or life imprisonment without the possibility of parole. Several circumstances can elevate a murder charge to capital murder, including but not limited to: murdering a peace officer or firefighter who is acting in the lawful discharge of an official duty; committing murder during the commission or attempted commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat; murdering for remuneration or the promise of remuneration; murdering while escaping or attempting to escape from a penal institution; and murdering more than one person during the same criminal transaction or pursuant to the same scheme or course of conduct.

The implications of a capital murder charge are profound, given that the state can seek the death penalty for those convicted of this crime. The decision to pursue the death penalty is made by the prosecution, and if sought, the case goes through a bifurcated trial process. During the first phase, the jury determines the defendant’s guilt or innocence. If the defendant is found guilty, the trial enters a second phase where the jury considers whether to impose the death penalty or life imprisonment without parole. This decision involves evaluating factors such as the defendant’s character, the circumstances of the crime, and any mitigating evidence presented by the defense. 

Legal Defenses Against Murder Charges

Facing a murder charge in Texas is daunting, but there are several legal defenses that a defendant may invoke to challenge the prosecution’s case. One common defense is self-defense, which allows individuals to use force, including deadly force, to protect themselves against an imminent threat of serious bodily injury or death. To successfully assert self-defense, the defendant must demonstrate that they reasonably believed their life was in danger and that the use of force was necessary to avert the threat. The concept of “stand your ground” and the “castle doctrine” further support the right to defend oneself, particularly in one’s home or vehicle.

Another potential defense is insanity, where the defendant argues that they were suffering from a severe mental illness or defect at the time of the crime, rendering them incapable of understanding the nature of their actions or distinguishing right from wrong. This defense requires substantial evidence, including testimony from mental health professionals, to substantiate the claim of insanity.

Additionally, the defense may argue that the killing was accidental, lacking the intent or knowledge required for a murder conviction. This defense hinges on demonstrating that the defendant did not act with criminal intent and that the death was an unforeseen consequence of their actions.

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The Role of Intent in Murder Cases

Intent plays a crucial role in distinguishing murder from other forms of unlawful killing. In Texas, intent can be established through direct evidence, such as statements or actions indicating a deliberate plan to kill, or through circumstantial evidence, such as the nature of the defendant’s conduct and the circumstances surrounding the crime. The prosecution must prove beyond a reasonable doubt that the defendant acted with the requisite intent to secure a murder conviction. This burden of proof ensures that only those who intentionally or knowingly cause death are held accountable for murder, providing a safeguard against wrongful convictions.

In some cases, the issue of intent can be complex, particularly when the defendant’s actions suggest recklessness or negligence rather than deliberate intent. For instance, if a person engages in conduct that poses a significant risk to others but does not explicitly intend to cause death, they may be charged with a lesser offense such as manslaughter or criminally negligent homicide. The distinction between these offenses and murder lies in the degree of intent and the foreseeability of death resulting from the defendant’s actions.

The Legal Process for Murder Cases

The legal process for handling murder cases in Texas involves several stages, from investigation and arrest to trial and sentencing. Once law enforcement authorities are alerted to a suspected murder, they conduct a thorough investigation to gather evidence, interview witnesses, and establish probable cause for arrest. If sufficient evidence exists, the suspect is arrested and formally charged with murder.

The pre-trial phase involves various legal proceedings, including arraignment, where the defendant enters a plea, and pre-trial motions, where both the prosecution and defense present arguments regarding the admissibility of evidence and other legal issues. During this phase, the defense may negotiate with the prosecution for a plea bargain, potentially resulting in reduced charges or a lesser sentence in exchange for a guilty plea.

If the case proceeds to trial, both sides present their evidence and arguments before a jury. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt, while the defense aims to raise reasonable doubt or establish a valid legal defense. The jury then deliberates and renders a verdict of guilty or not guilty based on the evidence presented.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Sentencing and Appeals

Upon a guilty verdict, the court proceeds to sentencing, where the judge considers various factors, including the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances. In first-degree murder cases, the sentencing options include life imprisonment or a term of years, while capital murder cases may result in the death penalty or life imprisonment without parole.

Defendants convicted of murder have the right to appeal their conviction and sentence, seeking review by higher courts to identify any legal errors or violations of their rights during the trial. The appeals process involves submitting written briefs and, in some cases, presenting oral arguments before appellate judges. If the appellate court finds merit in the defendant’s claims, it may overturn the conviction, order a new trial, or modify the sentence.

Protecting Your Rights

Facing a murder charge in Texas is an overwhelming and life-altering experience, requiring the guidance and representation of a dedicated and experienced legal team. At Deandra Grant Law, we understand the gravity of such charges and are committed to providing robust defense strategies tailored to each client’s unique circumstances. Our team will meticulously investigate your case, challenge the prosecution’s evidence, and advocate tirelessly on your behalf to achieve the best possible outcome. 

If you or a loved one is facing murder charges, contact   today for a confidential consultation. Let us stand by your side and fight for your rights.

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