School Shooting Criminal Charges

Criminal Charges Stemming from School Shootings in Texas

School shootings are among the most heartbreaking tragedies a community can face, bringing the nation’s attention to the stark contrast between the innocence of the victims and the devastating nature of the crime.

In Texas, school shootings have led to a variety of serious criminal charges, reflecting the gravity of the offenses committed. The legal consequences for such acts can vary, depending on the specific circumstances. Below are the key types of criminal charges that can stem from a school shooting in Texas.

Capital Murder

Capital murder is the most severe form of homicide in Texas and can result in either the death penalty or life imprisonment without the possibility of parole. School shootings often result in capital murder charges due to the severity and nature of the crime. Here are three ways a school shooting can result in capital murder charges:

• Multiple Victims: Under Texas Penal Code §19.03(a)(7), a person commits capital murder if they kill more than one person during a single event. In the context of a school shooting, where multiple lives are often tragically lost, this charge frequently applies.
• Victims Under 15: A shooting that results in the death of a child under 15 years old is automatically classified as capital murder under Texas Penal Code §19.03(a)(8). This law previously applied to children under 10, but now extends to older minors.
• Killing a Peace Officer or Firefighter: If a school shooter intentionally kills a peace officer, such as law enforcement personnel or a school security officer, while they are performing their duties, this also qualifies as capital murder under Texas Penal Code §19.03(a)(1).

Learn more about capital murder.

Aggravated Assault with a Deadly Weapon

If a school shooting results in injuries but no fatalities, the shooter may face charges of aggravated assault with a deadly weapon. This charge is applied when a person causes serious bodily injury or uses a firearm during the assault. Even in cases where no one is physically injured, the use of a firearm can still lead to this charge, emphasizing the inherent danger posed by the shooter’s actions.

Learn more about Aggravated Assault in Texas.

Terroristic Threat

Shooting in or near a school could lead to charges of making a terroristic threat, particularly if the act causes fear or disrupts school operations. Under Texas Penal Code §22.07(c), if a shooter intends to incite widespread fear or interrupt normal school functions, they may be charged with a third-degree felony. This charge can be applied in situations such as:

• Threatening to commit a school shooting, leading to an evacuation or shutdown.
• Sending violent threats via social media, email, or phone to incite panic within the school community.
• Disrupting public services related to school safety, such as emergency response systems or law enforcement procedures.

Learn more about terroristic threat in Texas.

Deadly Conduct

A shooter may face charges of deadly conduct if they recklessly engage in behavior that puts others at risk of serious injury or death. Discharging a firearm in the direction of a school building or at individuals, even without causing injury, constitutes deadly conduct under Texas Penal Code §22.05. In the context of a school shooting, this would likely be charged as a felony.

Learn more about deadly conduct in Texas.

Possession of a Firearm in a School Zone

Both Texas state law and federal law generally prohibit the possession of firearms in school zones, with certain exceptions. Under Texas Penal Code §46.03, it is illegal to carry a firearm on school premises or at school-related activities. Additionally, the Gun-Free School Zones Act of 1990 prohibits carrying a firearm within 1,000 feet of a school. Violation of these laws can lead to significant penalties, including fines and imprisonment.

Attempted Murder

If the shooter attempts to kill but fails, they can be charged with attempted murder. This charge carries severe penalties, including lengthy prison sentences, depending on the intent and the extent of harm caused during the incident.

Injury to a Child

In cases where the victims are minors, the shooter may face additional charges of injury to a child. Under Texas law, causing harm to a person under the age of 14 is a serious felony, further compounding the criminal liability in school shooting cases where young children are injured or killed.

Learn more about injury to a child in Texas.

What Happens in Texas if the School Shooter is a Juvenile?

In Texas, if a school shooter is a juvenile, the legal process and consequences are different compared to adults. Texas law handles juveniles (usually under 17 years old) differently, but serious crimes like school shootings can lead to harsher consequences. Here’s what could happen:

Juvenile Court vs. Adult Court

Juvenile System: Minors accused of crimes are usually handled by the juvenile justice system, which focuses on rehabilitation. This system aims to address issues that led to the crime and provide treatment or counseling.

Certification as an Adult: For serious crimes like school shootings, prosecutors can ask for the juvenile to be tried as an adult. In Texas, this can happen for children as young as 14 if the crime is very serious (like murder). If certified as an adult, they face adult penalties.

Juvenile Sentencing

If the shooter stays in the juvenile system, they could be sent to a Texas Juvenile Justice Department (TJJD) facility until they turn 19. For serious crimes, they could face “determinate sentencing,” which means being sentenced for up to 40 years, with the possibility of moving to adult prison at 19.

Penalties if Tried as an Adult

If the juvenile is tried as an adult, they could face the same penalties as an adult, such as:

• Capital Murder: Life imprisonment without parole (juveniles cannot receive the death penalty).
• Other Felonies: Long prison sentences for crimes like aggravated assault or possession of a firearm in a school zone.

Learn more about juvenile charges in Texas.

Legal Consequences of School Shootings

The criminal charges stemming from a school shooting in Texas can carry life-altering consequences for the shooter. From capital murder to aggravated assault and beyond, these charges are intended to reflect the severity of the crime and protect the public from future harm. Depending on the specific circumstances, these cases can involve multiple charges, resulting in either life imprisonment or even the death penalty in the most extreme cases.

School shootings are a tragic reminder of the importance of strong security measures and swift legal action to ensure the safety of students and staff. Those who commit these acts face the full weight of Texas law.

Accused of a School Shooting in Texas? Contact Us.

If you or a loved one is facing serious accusations, like involvement in a school shooting, it’s crucial to have an experienced legal team on your side. At Varghese Summersett, we have criminal and juvenile attorneys with extensive experience handling high-stakes cases. We understand the complexity and sensitivity of these situations. Don’t wait—reach out today for a confidential consultation. Call 817-203-2220.