The difference between murder, manslaughter, and criminally negligent homicide in Texas comes down to the defendant’s mental state at the time of the killing. Murder requires intentional or knowing conduct. Manslaughter requires recklessness. Criminally negligent homicide requires criminal negligence. Each carries different penalties, ranging from up to two years in state jail for criminally negligent homicide to life in prison for murder.
Understanding which charge applies can be the difference between decades in prison and a much shorter sentence. If you or someone you love is facing homicide charges in Texas, the specific charge and how it’s defended can shape the rest of your life.
At Varghese Summersett, our criminal defense team includes Board Certified criminal law specialists, former prosecutors, and trial lawyers who have tried more than 500 combined cases before Texas juries. With more than 1,600 dismissals and 800 charge reductions, we bring real courtroom experience to the most serious charges in Texas. Our attorneys practice in Fort Worth, Dallas, Houston, and Southlake.
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What Are the Types of Homicide in Texas?
Texas law recognizes four types of criminal homicide under Texas Penal Code Chapter 19: capital murder, murder, manslaughter, and criminally negligent homicide. Capital murder is the only offense that carries the death penalty. The other three differ primarily in the mental state (or culpable mental state) the prosecution must prove and in their punishment ranges.
| Crime | Mental State | Statute | Classification | Punishment Range |
|---|---|---|---|---|
| Murder | Intentional or knowing | § 19.02 | First-degree felony | 5 to 99 years or life in prison; up to $10,000 fine |
| Manslaughter | Reckless | § 19.04 | Second-degree felony | 2 to 20 years in prison; up to $10,000 fine |
| Criminally Negligent Homicide | Criminal negligence | § 19.05 | State jail felony | 180 days to 2 years in state jail; up to $10,000 fine |
Watch: Murder vs. Manslaughter in Texas
What Are the Mental States for Homicide in Texas?
The mental state, also called the culpable mental state, is the single most important factor that separates one homicide charge from another. Texas Penal Code § 6.03 defines four culpable mental states for result-oriented crimes. Here is how each applies to homicide offenses.
| Mental State | Legal Definition | Applies To |
|---|---|---|
| Intentional | The person’s conscious objective or desire was to cause the result. | Murder |
| Knowing | The person was aware their conduct was reasonably certain to cause the result. | Murder |
| Reckless | The person was aware of but consciously disregarded a substantial and unjustifiable risk that the result would occur. The risk must be of such a nature and degree that disregarding it constitutes a gross deviation from the standard of care an ordinary person would exercise. | Manslaughter |
| Criminal Negligence | The person ought to have been aware of a substantial and unjustifiable risk that the result would occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care an ordinary person would exercise. | Criminally Negligent Homicide |
The critical distinction between recklessness and criminal negligence is awareness. A reckless person knows about the risk and ignores it. A criminally negligent person should have known about the risk but failed to recognize it.
What Must the State Prove in a Homicide Case?
In every Texas homicide case, the burden of proof rests entirely on the State. The defendant has no obligation to prove innocence. The prosecution must prove every element of the charged offense beyond a reasonable doubt, the highest standard in the American legal system.
Elements of Murder (Texas Penal Code § 19.02)
To secure a murder conviction, the prosecution must prove that the defendant:
- Intentionally or knowingly caused the death of an individual, OR
- Intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused the death of an individual, OR
- Committed or attempted to commit a felony (other than manslaughter) and, in the course of and in furtherance of the commission or attempt, committed an act clearly dangerous to human life that caused the death of an individual (felony murder).
Elements of Manslaughter (Texas Penal Code § 19.04)
To convict a defendant of manslaughter, the State must prove that the defendant recklessly caused the death of an individual. This means the State must show the defendant was aware of a substantial and unjustifiable risk of death and consciously chose to disregard it.
Elements of Criminally Negligent Homicide (Texas Penal Code § 19.05)
For criminally negligent homicide, the State must prove that the defendant caused the death of an individual by criminal negligence. This means the defendant should have been aware of a substantial and unjustifiable risk of death but failed to perceive it, and that failure represents a gross deviation from what a reasonable person would have recognized.
What Is Murder in Texas?
Murder under Texas Penal Code § 19.02 is the intentional or knowing killing of another person. It is a first-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000. A jury cannot grant probation to a person convicted of murder.
Texas law also recognizes sudden passion murder. If a jury finds the defendant committed murder while acting under the immediate influence of sudden passion arising from an adequate cause, the offense is still murder, but the punishment range is reduced to 2 to 20 years (a second-degree felony range).
What Is Felony Murder in Texas?
Texas also has a felony murder rule. Under this provision, a person can be charged with murder if they commit or attempt to commit a felony (other than manslaughter) and, during the course of that felony, they commit an act clearly dangerous to human life that results in death. The prosecution does not need to prove the defendant intended to kill anyone. The intent to commit the underlying felony, combined with the dangerous act causing death, is enough.
Learn more about murder in Texas.
What Is Manslaughter in Texas?
Manslaughter under Texas Penal Code § 19.04 is the reckless killing of another person. It is a second-degree felony. The punishment range is 2 to 20 years in prison and a fine of up to $10,000. Unlike murder, probation is a possibility for manslaughter.
A common example: A person drives at extreme speeds through a school zone, fully aware of the danger, and strikes and kills a pedestrian. Because the driver knew the risk and disregarded it, that conduct could support a manslaughter charge rather than a murder or criminally negligent homicide charge.
What Is Intoxication Manslaughter in Texas?
Intoxication manslaughter is a separate offense under Texas Penal Code § 49.08. It applies when a person operates a vehicle, boat, or aircraft while intoxicated and causes the death of another person. Intoxication manslaughter is also a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000.
If you are facing a manslaughter or intoxication manslaughter charge, talk to a lawyer before you speak to police. Your words can be used against you, and early legal counsel can protect your rights.
What Is Criminally Negligent Homicide in Texas?
Criminally negligent homicide under Texas Penal Code § 19.05 is the least serious homicide charge in Texas. It occurs when a person’s criminal negligence causes the death of another. It is a state jail felony punishable by 180 days to 2 years in state jail and a fine of up to $10,000. Probation is a possibility.
An example: A gun owner leaves a loaded, unsecured firearm within reach of a child. The child accidentally discharges the weapon and kills someone. The gun owner could face criminally negligent homicide charges because they failed to recognize the obvious risk, and that failure was a gross deviation from what a reasonable person would have done.
Learn more about criminally negligent homicide in Texas.
What Is the Difference Between Murder and Manslaughter in Texas?
The difference between murder and manslaughter in Texas is the defendant’s state of mind at the time of the killing. Murder requires that the defendant acted intentionally or knowingly, meaning they wanted to cause the death or knew their actions were reasonably certain to cause it. Manslaughter requires only recklessness, meaning the defendant was aware of a serious risk of death but consciously chose to disregard it.
Consider this scenario: Two people get into a heated argument. Person A pulls out a gun and shoots Person B, killing them. If the evidence shows Person A aimed at Person B and pulled the trigger with the intent to kill, that is murder. But if Person A fired the gun recklessly in Person B’s direction during the argument, aware the shot could kill but not specifically intending it, prosecutors may charge manslaughter instead.
The sentencing gap is significant. Murder is a first-degree felony carrying 5 to 99 years or life in prison. Manslaughter is a second-degree felony carrying 2 to 20 years. Murder convictions are not eligible for jury probation. Manslaughter convictions are. For defense attorneys, building the case that a defendant’s conduct was reckless rather than intentional can be the difference between a life sentence and a much shorter one.
What Is the Difference Between Murder and Criminally Negligent Homicide in Texas?
The difference between murder and criminally negligent homicide is the widest gap in Texas homicide law. Murder requires the highest level of culpability: the defendant intentionally or knowingly caused the death. Criminally negligent homicide requires the lowest: the defendant failed to perceive a risk that a reasonable person would have recognized.
With murder, the defendant either wanted the victim dead or knew their conduct was reasonably certain to cause death. With criminally negligent homicide, the defendant may not have even realized their actions posed a deadly risk. Texas law treats these two mental states very differently because a person who deliberately kills someone is far more culpable than a person who causes a death through a failure of awareness.
The punishment ranges reflect this gap. Murder carries 5 to 99 years or life in prison as a first-degree felony. Criminally negligent homicide is a state jail felony carrying just 180 days to 2 years. A murder conviction cannot receive jury probation, while criminally negligent homicide may be probation-eligible. In practice, one of the most critical jobs a defense attorney has in a homicide case is working to ensure the charge matches the actual mental state the evidence supports.
What Is the Difference Between Manslaughter and Criminally Negligent Homicide in Texas?
Both manslaughter and criminally negligent homicide involve unintentional killings, but the key difference is whether the defendant was aware of the risk. With manslaughter, the defendant knew about a substantial and unjustifiable risk of death and consciously chose to ignore it. With criminally negligent homicide, the defendant should have known about the risk but simply failed to recognize it.
Here is an example that illustrates the line between the two. A driver races through a school zone at 90 miles per hour, fully aware that children could be crossing the street. If a child is struck and killed, that driver’s conscious disregard of a known risk supports a manslaughter charge. Now consider a driver who fails to notice a school zone sign and drives through at normal highway speed, striking and killing a child. That driver should have noticed the sign and slowed down, but they were not consciously aware of the risk. That supports a criminally negligent homicide charge.
The sentencing consequences are substantial. Manslaughter is a second-degree felony (2 to 20 years in prison). Criminally negligent homicide is a state jail felony (180 days to 2 years in state jail). Texas law treats the conscious decision to ignore a known danger as far more blameworthy than simply failing to perceive that danger.
What Are Common Defenses to Homicide Charges in Texas?
Homicide cases are among the most aggressively defended in Texas. Depending on the facts, an experienced defense attorney may challenge the charge in several ways:
- Self-defense: Texas law, including the Castle Doctrine, allows the use of deadly force in certain circumstances when a person reasonably believes it is immediately necessary to protect themselves against the other person’s use or attempted use of unlawful deadly force.
- Challenging the mental state: The prosecution must prove the specific mental state beyond a reasonable doubt. If the evidence supports recklessness rather than intent, a murder charge could be reduced to manslaughter.
- Lack of causation: The defense may argue the defendant’s actions did not actually cause the death, or that an intervening event broke the chain of causation.
- Insufficient evidence: The State carries the entire burden. If the prosecution cannot prove every element beyond a reasonable doubt, the defendant must be acquitted.
- Sudden passion: While not a complete defense, proving sudden passion can reduce a murder sentence from a first-degree range (5 to 99 years) to a second-degree range (2 to 20 years).
How Much Is Bond for Homicide Charges in Texas?
Bond amounts for homicide charges in Texas vary significantly by county, charge, and the defendant’s criminal history. Based on an analysis Varghese Summersett completed of over 6,000 bonds in Tarrant County:
| Charge | Cases Analyzed | Typical Bond Amount |
|---|---|---|
| Murder | 71 | $100,000 |
| Manslaughter | 10 | $50,000 |
| Intoxication Manslaughter | 6 | $75,000 |
| Criminally Negligent Homicide | 1 | $150,000 |
| Capital Murder (Multiple Persons) | 8 | $1,000,000 |
These figures are based on Tarrant County data. Bond amounts in other counties such as Dallas or Harris County may be higher. A skilled defense attorney can file a motion to reduce bond and present factors that favor release, such as community ties, employment, and lack of prior criminal history.
What Is Capital Murder in Texas?
Capital murder is the only offense in Texas that can result in the death penalty. It applies when a murder involves certain aggravating circumstances, such as the victim being a child under 10, a peace officer, or a firefighter, or the killing occurring during the commission of specific felonies like robbery, kidnapping, or sexual assault. Capital murder also applies when multiple people are killed during the same criminal transaction.
Learn more about capital murder vs. murder in Texas.
Varghese Summersett Homicide Case Result
Varghese Summersett secured a Not Guilty verdict at jury trial in a murder case. The case involved a defendant charged with murder under Texas Penal Code § 19.02. Despite the gravity of the charge, the defense team challenged the State’s evidence at every stage and ultimately convinced a jury to return a full acquittal.
Past results do not guarantee future outcomes.
Don’t wait to get legal help. Protect your rights and your record by speaking with an experienced homicide defense attorney today.
What to Expect From Varghese Summersett
When you hire Varghese Summersett for a homicide case, you get a team, not just a single attorney. Our firm has more than 70 team members across four Texas offices. Our criminal defense attorneys include Board Certified criminal law specialists, former chief prosecutors, and trial lawyers who have collectively tried more than 500 cases before Texas juries.
From the moment you contact us, we begin working. That means reviewing evidence, investigating the facts, and building a defense strategy tailored to your case. We handle every stage from bond hearings and grand jury proceedings to plea negotiations and jury trials. If your case goes to trial, we are prepared.
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Frequently Asked Questions About Homicide in Texas
Can you get probation for manslaughter in Texas?
Yes. Manslaughter is a second-degree felony in Texas, and probation (community supervision) is available. However, probation is never guaranteed. The judge or jury will consider factors such as the circumstances of the offense, the defendant’s criminal history, and community ties before making a sentencing decision.
Is criminally negligent homicide a felony in Texas?
Yes. Criminally negligent homicide is classified as a state jail felony. This is the lowest felony classification in Texas, carrying 180 days to 2 years in a state jail facility and a fine of up to $10,000. Probation may be available.
What is the difference between voluntary and involuntary manslaughter in Texas?
Texas does not use the terms “voluntary” or “involuntary” manslaughter. The state has a single manslaughter statute (§ 19.04) covering reckless killings and a separate intoxication manslaughter statute (§ 49.08) covering deaths caused by intoxicated drivers, boaters, or pilots. What other states call “involuntary manslaughter” is roughly equivalent to Texas manslaughter or criminally negligent homicide, depending on the facts.
Can murder charges be reduced to manslaughter in Texas?
Yes. If the evidence shows the defendant acted recklessly rather than intentionally or knowingly, a skilled defense attorney may be able to negotiate a reduction from murder to manslaughter. This can dramatically reduce the potential sentence. A murder conviction carries 5 to 99 years, while manslaughter carries 2 to 20 years.
What should I do if I am accused of a homicide in Texas?
Do not speak to police or investigators without a lawyer present. Anything you say can and will be used against you. Contact an experienced homicide defense attorney immediately. Early legal intervention can make a critical difference, from challenging the initial investigation to protecting your rights at every stage of the criminal process.
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If you or a loved one has been accused of murder, manslaughter, or criminally negligent homicide in Texas, every decision from this point forward matters. You need a defense team with the experience and resources to fight for you. At Varghese Summersett, our attorneys have decades of combined experience handling the most serious criminal charges across Fort Worth, Dallas, Houston, and the surrounding areas. Call 817-203-2220 for a free, confidential consultation.
