By definition, a homicide is “a killing of one human being by another.”
Criminal homicide is policed by Title 5, Chapter 19 of the Texas Penal Code, which defines it as occurring when a person “intentionally, knowingly, or with criminal negligence causes the death of an individual.”
Texas Penal Code § 19.02 further defines murder as when an individual:
- Causes another person’s death
- Intends to cause bodily harm to another person
- Performs an act dangerous enough to kill another person
- Commits or attempts a different felony (not manslaughter) or in the course of fleeing from a scene performs a dangerous act that kills another person
4 types of homicide in Texas
The Texas Penal Code defines 4 types of criminal homicide:
- Murder
- Capital murder
- Manslaughter
- Criminally negligent homicide
1. Murder
Murder is the act of intentionally killing another person. The penalty for murder is a first-degree felony. Those convicted of murder can face up to a $10,000 fine and a prison sentence of between 5 and 99 years.
In Texas, murder is said to derive from 1 of 2 causes: adequate cause or sudden passion. Defendants who are able to prove that they killed someone out of sudden passion that arises from an adequate cause can often find themselves facing a second-degree felony rather than a first-degree felony.
2. Capital murder
According to Section 19.03 of the Texas Penal Code, capital murder crimes include 1 of the following offenses:
- The death involves a firefighter or a police officer when they were performing an official duty
- The death occurs in the course of committing an aggravated sexual assault, arson, burglary, kidnapping, obstruction of justice, retaliation, robbery or terrorist threat
- The death occurs as the result of a murder-for-hire plot
- The death occurs while the person is escaping or attempting to escape a penal institution
- The death occurs in jail or prison
- The death involves a child aged 10 or under
Capital murder carries a capital felony, which means they could face the death penalty or life in prison. For those convicted of capital murder in states that don’t have the death penalty, the maximum penalty is life in prison for those under 18. Those older than 18 face life in prison without the chance of parole.
3. Manslaughter
Manslaughter occurs when someone commits a reckless act that leads to another person’s death. The penalty for manslaughter is a second-degree felony.
4. Criminally negligent homicide
This offense is a type of manslaughter. The difference between the 2 is the level of recklessness involved. Criminally negligent homicide carries a penalty of a state jail felony.
Cases of criminal homicide must be tried in front of a criminal court. For this reason, it’s imperative that you consult with a lawyer who specializes in criminal defense. You will need someone on your side in order to have the best chance at a positive outcome.