Some states define murder in degrees; it’s not uncommon to hear murder referred to as first, second, or third-degree. In Texas, this is not the case. Texas statutes use capital murder, murder, and homicide to define the degrees of murder.
Texas statutes define all types of murder as any incident which results in the loss of life due to negligence or willful intent. All types of murder charges require the accused to work with a murder defense attorney immediately. In Houston, TX, the firm to call is Carter Law.
Capital Murder
Texas statutes define capital murder as murders that occur under very specific circumstances. Capital murder in Texas is equivalent to first-degree murder found in most other states. These include:
- The taking of the life of an on-duty law enforcement or rescue personnel
- The taking of the life of a child under the age of 10
- Taking a life while committing another felony crime
- Taking of life for hire (or hiring someone to take a life)
- Taking of the life of a member of the judiciary
- Taking a life while escaping or while in prison
These are the most serious murder charges and carry the most severe penalties. A conviction could result in life in prison or the defendant facing the death penalty. Anyone charged with capital murder (equivalent to first-degree murder in other states) needs to immediately seek guidance from a murder defense attorney in Texas at Carter Law.
Murder
Second-degree murder, familiar in other states, can be defined as murder under Texas law. Under Texas Penal Code § 19.02(b)(1), someone may be facing murder charges if any of the following occur:
- The death of an individual was caused intentionally or knowingly.
- Death of an individual is caused because a person intended to inflict serious bodily injury.
- In the process of committing or attempting to commit another felony, a person causes the death of another.
Any murder or second-degree murder charge is serious, and you cannot defend yourself. You will need to work closely with a defense attorney who can investigate the circumstances and determine what type of defense is best in your case. Carter Law will vigorously investigate the case and help mount a defense.
Categories of Homicide
It is important to understand the different categories of homicide in Texas. Capital murder and murder are the most serious charges someone can face, but they are not the only ones.
- Texas Penal Code 19.02 – 19.04 defines homicide charges, ensuring that an attorney and anyone researching will have the proper information. While murder and homicide may both result in another person’s death, they are not the same crimes.
- Manslaughter (19.04) — there are two classifications of manslaughter, which are voluntary and involuntary. Voluntary manslaughter can occur when someone is engaged in a fight and causes someone’s death because of actions taken in the heat of the moment. Involuntary manslaughter involves negligence versus intent. Examples of involuntary manslaughter could include texting and driving.
- Criminally Negligent Homicide (19.05) — when someone is acting in a manner that no reasonable person would consider safe, and the result is the death of another person, you could be facing criminally negligent homicide charges. For example, a driver who is under the influence and causes a fatal accident could be facing these charges.
Regardless of what “degree” of homicide someone is facing, an aggressive murder defense attorney is a necessity. At Carter Law, we will review all the potential defenses, including self-defense, lack of intent, lack of knowledge, and intoxication, to help minimize the charges someone is facing.
Murder Defense Attorneys in Houston, TX
Nearly all homicide charges will be felony charges. If you or someone you love has been charged with any type of murder or homicide in Houston, TX, the most important thing you can do is contact an attorney immediately. A murder defense attorney will carefully review all the evidence that a prosecutor has and work with you to decide what steps to take next.
A conviction in Texas on a murder or homicide charge will change your life forever. You could be facing serious time behind bars, a loss of your ability to carry a firearm, and a criminal record that will follow you for the rest of your life. This will mean more limited employment and housing options. Contact Carter Law immediately at 713-589-6528 and schedule a free consultation. You can also use our online contact form, and we will contact you as soon as possible.
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