Murder in Texas Explained
Few attorneys in Texas have heard the words “not guilty” from a jury after defending their client on the charge of murder. We have. Our Fort Worth murder lawyers have handled dozens of murder cases over the decades, first as prosecutors and now as defense attorneys. Experience matters.
Understanding Texas Penal Code § 19.02 – Murder
Texas Penal Code § 19.02 defines murder as one of the following acts:
- Intentionally or knowingly causing the death of another person
- Intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes death
- Causing death while committing or attempting to commit a felony (felony murder)
How is Murder Defined in Texas?
In most murder cases, the defendant is accused of “intentionally or knowingly causing the death of another person.” However, the definition for murder in Texas is actually broader than that, and it includes deaths that were caused unintentionally, where the accused acted with the intent to cause serious bodily injury and committed an act that was clearly dangerous to the life of another. A person can also be charged with murder if, while committing a felony, he or she commits an act that is clearly dangerous to human life and causes a death.
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What is the Punishment Range for Murder?
Murder is typically classified as a first-degree felony, punishable by:
- 5 to 99 years or life in prison
- Fine up to $10,000
- Both imprisonment and fine
However, murder can be reduced to a second-degree felony if the defendant proves they acted under the immediate influence of sudden passion arising from adequate cause.
Texas does not allow juries to give probation for murder, pursuant to Code of Criminal Procedure 42A.056.
Murder vs. Other Homicides in Texas
| Offense | Penal Code Statute | Elements | Level | Punishment Range |
|---|---|---|---|---|
| Capital Murder | 19.03 | Murder plus aggravating factor (multiple victims, child victim, police victim, etc.) | Capital Felony | Death or life without parole |
| Murder | 19.02 | Intentionally causing death or serious bodily injury resulting in death | First-Degree Felony | 5-99 years or life; up to $10,000 fine |
| Manslaughter | 19.04 | Recklessly causing death | Second-Degree Felony | 2-20 years; up to $10,000 fine |
| Criminally Negligent Homicide | 19.05 | Causing death through criminal negligence | State Jail Felony | 180 days to 2 years; up to $10,000 fine |
| Intoxication Manslaughter | 49.08 | Causing death while operating vehicle/aircraft/vessel while intoxicated | Second-Degree Felony | 2-20 years; up to $10,000 fine |
Can You Get an Appeal Bond after a Jury finds you Guilty of Murder?
No. Code of Criminal Procedure Article 44.04 prohibits an appeal bond on murder.
What is The Sudden Passion Defense in Texas?
Sudden passion is a mitigating finding that allows jurors to consider whether a murder defendant had been provoked to such a level of fear, rage or resentment that any reasonable person in a similar situation would have been “incapable of cool reflection.” If jurors find that a defendant acted in sudden passion, the maximum punishment for murder is reduced from life in prison to 20 years.
For more information, please reference the Code of Criminal Procedure Section 19.02.
Self-Defense in Texas
Statutory Basis – Texas Penal Code § 9.31 and § 9.32
Self-defense in Texas is governed by two main statutes:
- § 9.31: General right of self-defense
- § 9.32: Deadly force in self-defense
Requirements for Self-Defense Claim
To claim self-defense, a person must reasonably believe that force is immediately necessary to protect against another’s unlawful force. For deadly force, one must reasonably believe it is immediately necessary to protect against:
- Death
- Serious bodily injury
- Sexual assault
- Aggravated kidnapping
- Robbery or aggravated robbery
Castle Doctrine and Stand Your Ground
Texas follows both the Castle Doctrine and Stand Your Ground principles:
- No duty to retreat if you have a right to be present at the location
- Presumption of reasonableness when force is used against someone unlawfully entering or attempting to enter your home, vehicle, or workplace
Disqualifying Factors for Self-Defense Claims
Self-defense claims may be invalidated if the defendant:
- Provoked the difficulty (was the initial aggressor)
- Was engaged in criminal activity at the time
- Used force in response to verbal provocation alone
- Consented to the exact force used against them
- Was acting as an aggressor in a mutual combat situation
- Used force after the threat had clearly subsided
- Used force disproportionate to the threat
Important Considerations for Self Defense
Reasonable Person Standard
- The belief that force was necessary must be reasonable from the perspective of an ordinary person in the same situation
Proportionality
- The amount of force used must be proportional to the threat faced
- Deadly force cannot be used against non-deadly threats
Immediacy
- The threat must be immediate and present
- Future or past threats generally do not justify self-defense
Legal Activity
- Self-defense generally requires the person claiming it to be engaged in lawful activity at the time
Defense of Third Persons
- One may use force to protect a third person under the same circumstances they could use force to protect themselves
- The actor’s belief about the circumstances must be reasonable
Defense of Property
- Different standards apply when protecting property
- Deadly force is generally not justified solely to protect property, with limited exceptions
Legal Process and Burden of Proof
- Self-defense is an affirmative defense
- The defendant must raise the issue with some evidence
- Once raised, the prosecution must disprove self-defense beyond a reasonable doubt
- The jury must acquit if they have a reasonable doubt about whether the defendant acted in self-defense
We’ve Won Murder Cases – Call Us
Understanding Texas homicide laws and self-defense provisions requires careful attention to statutory requirements and case law. While the right to self-defense is robust in Texas, it comes with significant limitations and responsibilities. Proper documentation and immediate reporting of self-defense incidents is crucial for supporting legitimate claims.
All of our senior attorneys are former state and federal prosecutors who have tried cases involving deaths in front of juries in Texas. An important factor in determining who you should have represent you is the experience they bring to the table. Few firms in the state have over 550 jury trials and thousands of criminal cases worth of experience. Few have the experience handling high-profile cases and managing the public’s opinion about their case. If you or a loved one has been charged with a serious or violent offense, call our lawyers today for help.
Review by a Client
By: A. Jones
Title: Murder: Not Guilty
I was arrested for murder on March, 27, 2014 I received a court-appointed attorney whose name I won’t discuss. She was no good for me never made communication or put forth the effort to help me. Then a blessing came I received Joetta Keene and Christie Jack. Two of the best lawyers I’ve ever witnessed. They are amazing watching them work left me in awe. I would not want to be on the wrong end of an argument with these ladies. Christie is so soft spoken, but the woman sure can make people tremble in their seat. I was nervous for the opposition. She grilled them good. As far as communication goes this woman did more for me in 2 months than my previous Lawyer did in 2 years this speaks volumes to her work ethic. She prepared for a murder trial at such a short notice. When we got the not guilty verdict. It was the right verdict but it was a well-deserved win for this nice lady. Very compassionate, I will forever recommend Mrs. Jack to anyone with legal troubles. One of the best in Texas. No Mrs. Jack was the blessing I needed and as a court-appointed attorney she did high class work. I’m forever grateful.
Rating:★★★★★ 5 / 5 stars
