In Texas, there is nothing more serious than being accused of causing the death of another human being. A conviction for homicide in Texas can carry severe penalties, including life behind bars, or even the death penalty, in certain cases.
Nowhere is this more pressing than in Houston, which consistently ranks among Texas cities with the highest homicide rates. In 2024, Houston recorded 322 homicides, underscoring the city’s ongoing struggle with violent crime. To be sure, police and prosecutors in Harris County aggressively pursue these cases, and the stakes are extremely high for anyone accused of taking a life.
That’s why it’s critical to have an experienced Houston homicide lawyer in your corner if you or a loved one is facing charges of capital murder, murder, fentanyl murder, manslaughter, or criminally negligent homicide. In this article, the experienced criminal defense attorneys at Varghese Summersett explain the types of homicide charges in Texas, the potential punishments, and possible defenses.
Types of Homicide Charges in Texas
In Texas, criminal homicide is one of the gravest offenses a person can face. The charges can vary based on the circumstances surrounding the death, including the accused’s intent and actions.
Texas Penal Code Chapter 19 categorizes homicides into distinct charges, each with its own legal definitions and potential penalties. Here’s an overview of the types of homicide charges in Texas:
Capital Murder
Capital murder is the most serious charge in Texas and is punishable by life in prison without parole or the death penalty. It includes murder under specific aggravating circumstances, such as:
- Murder of a peace officer or firefighter in the line of duty;
- Murder during the commission or attempted commission of another felony, including kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
- Murder for hire;
- Murder while escaping prison;
- Murder, while incarcerated, of a prison employee;
- Murder, while incarcerated, in conjunction with organized criminal activity;
- Murder while already incarcerated for capital murder or murder;
- Murder of more than one person during the same criminal transaction;
- Murder of a child under age 10;
- Murder of a judge in retaliation.
Murder
Under Texas Penal Code §19.02, there are three ways a person can commit the offense of murder. A person commits an offense if he or she:
- intentionally or knowingly causes the death of another person;
- intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
- commits or attempts to commit a felony, other than manslaughter, and in the course of committing the felony, commits an act clearly dangerous to human life and causes the death of an individual (felony murder).
Fentanyl Murder
In recent years, Texas has intensified its focus on drug-related homicides, particularly those involving fentanyl. Under Texas law – specifically Penal Code 19.02 (b)(4) – individuals can be charged with fentanyl murder if he or she:
knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant
Under this statute, even individuals who were not present at the time of death can be prosecuted if their connection to the drug distribution is proven. These cases often hinge on toxicology reports, digital evidence (such as text messages or social media), and witness testimony. Anyone accused of fentanyl-related murder in Harris County or the surrounding areas should contact an experienced Houston homicide lawyer as soon as possible. At Varghese Summersett, we have handled several fentanyl murder cases.
Manslaughter
Manslaughter is defined under Texas Penal Code §19.04 as “recklessly” causing the death of another individual. It differs from murder in that the accused never intended to kill someone.
Criminally Negligent Homicide
Criminally negligent homicide occurs when a person causes the death of another by criminal negligence, as outlined in Texas Penal Code §19.05. A person acts with criminal negligence if he or she ought to be aware of a substantial and unjustifiable risk that the result will 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 that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Penalties for Homicide in Texas
The penalties for homicide in Texas are severe and vary based on the specific charge and the circumstances surrounding the offense. Prosecutors in Harris County do not hesitate to pursue the maximum penalty available under the law — especially in high-profile or especially violent cases. Here is a breakdown of the potential penalties for each category of criminal homicide in Texas:
| Offense | Classification | Potential Penalty |
|---|---|---|
| Capital Murder | Capital Felony | Life in prison without parole or the death penalty |
| Murder | First-Degree Felony | 5 to 99 years or life in prison and up to a $10,000 fine |
| Fentanyl Murder | First-Degree Felony | 5 to 99 years or life in prison and up to a $10,000 fine |
| Manslaughter | Second-Degree Felony | 2 to 20 years in prison and up to a $10,000 fine |
| Criminally Negligent Homicide | State Jail Felony | 180 days to 2 years in state jail and up to a $10,000 fine |
Possible Defenses to Homicide Charges in Texas
Facing a homicide charge is one of the most serious and life-altering legal situations a person can endure. However, it is crucial to understand that being accused of homicide is very different from being convicted. The law requires that the prosecution prove each element of the offense beyond a reasonable doubt — a high standard that is not always met. Every homicide case is unique, with its own set of circumstances, facts, and legal nuances. That’s why having an experienced and strategic defense attorney is essential.
A skilled criminal defense lawyer can evaluate the specific details of a case, challenge the prosecution’s narrative, and develop legal strategies aimed at achieving the best possible outcome—whether that’s a dismissal, reduction of charges, or an acquittal at trial. Below are some common and effective defenses used in Texas homicide cases:
- Self-Defense: Under Texas Penal Code §9.31, individuals are legally justified in using force to protect themselves if they reasonably believe such force is necessary to prevent imminent harm or death. In a homicide case, this defense may apply when deadly force was used in response to a credible threat. The key factor is whether the belief in the need for force was reasonable under the circumstances.
- Defense of Others: This defense extends the protections of self-defense to situations where the accused was acting to protect another person from harm. If a defendant reasonably believed someone else was in imminent danger and used force to prevent that harm, this can be a viable legal strategy.
- Lack of Intent: Not all homicides involve a deliberate intent to kill. In cases involving manslaughter or criminally negligent homicide, the defense may argue that the defendant did not act recklessly or negligently as defined by law. The prosecution must prove the mental state element, which can often be disputed or mitigated.
- Mistaken Identity or Alibi: One of the most effective ways to create reasonable doubt is by presenting evidence that the accused was not the person who committed the crime or was not at the scene. Eyewitness misidentifications are surprisingly common and can be challenged. An alibi defense, supported by credible witnesses or documentation, can be instrumental in securing a not guilty verdict.
- Insufficient Evidence: In any criminal case, the burden of proof lies with the prosecution. If the evidence is weak, circumstantial, or flawed, a defense attorney can challenge it. This includes questioning the reliability of forensic evidence, exposing contradictions in witness testimony, or identifying violations of due process and police procedure.
The outcome of a homicide case depends on many variables, including the facts, the applicable law, and the strength of the defense. At Vargehse Summersett, we have represented numerous individuals charged with murder who have walked out of court free — acquitted by a jury, cleared through investigation, or had their charges dismissed before trial.
Our Houston homicide attorneys have decades of combined experience handling murder cases. As former prosecutors and Board-Certified Criminal Law Specialists, our attorneys understand how to dismantle the prosecution’s case and build a compelling defense from the start. We act swiftly to preserve evidence, locate witnesses, and challenge flawed assumptions — giving our clients the strongest possible chance of success in the face of life-altering accusations.
What Sets the Houston Homicide Lawyers at Varghese Summersett Apart
Our Houston criminal defense team includes former prosecutors and Board Certified Criminal Law specialists who have handled hundreds of serious felony cases, including every category of murder. We:
- Begin immediate investigations to preserve evidence and secure witnesses
- Challenge the admissibility of key evidence
- Develop strategic defenses tailored to the facts of the case
- Prepare for trial from day one while exploring all resolution options
- We are equipped to respond quickly to urgent cases. Our team has earned recognition for trial excellence and client-focused representation.
We operate with urgency, discretion, and precision—because in homicide cases, timing and tactical execution can make all the difference in the outcome. Our attorneys are equipped to respond immediately to arrests, investigations, or indictments in Houston and throughout Harris County. We stand ready to fight for your future when everything is on the line.
Frequently Asked Questions about Houston Homicide Charges
- What happens if I am under investigation but not arrested?
You should contact a defense attorney immediately and never agree to talk to police without your attorney present. -
What happens after an arrest for homicide in Houston?
After an arrest, the accused will typically be taken to jail, where they will go before a magistrate who will set a bond and explain the charge. The case will then proceed through the legal system, including grand jury review, pretrial hearings, and potentially a jury trial. It’s essential to have an experienced criminal defense attorney guiding you from the very beginning. -
What is the role of a grand jury in a Houston homicide case?
In Texas, all felony cases must be presented to a grand jury. The grand jury reviews evidence presented by the prosecutor and determines whether probable cause exists to formally charge the individual with a crime (indictment). This process is conducted in secret, and the defense does not participate unless invited to present evidence. - How long do homicide cases take to resolve?
These cases can take months or even years, depending on complexity, court schedules, and the amount of evidence that needs to be tested.
Speak to an Experienced Houston Homicide Attorney Today
If you or a loved one is facing a homicide investigation or charge, time is critical. The police and prosecution are building their case immediately. You should, too. The Houston homicide lawyers at Varghese Summersett have the experience, skills, and resources to defend the most serious charges. Call 281-805-2220 to speak with an experienced Houston homicide attorney today.
