CRIMINAL HOMICIDE
Murder, Capital Murder, Manslaughter, and Criminally Negligent Homicide
Criminal Homicide: A person commits criminal homicide if
he intentionally, knowingly, recklessly, or with criminal negligence
causes the death of an individual. Criminal homicide is murder,
capital murder, manslaughter, or criminally negligent homicide.Murder: Murder can be committed in three ways. First, a person commits murder if the person intentionally or knowingly causes the death of an individual. Second, a person commits murder if the person intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual. Finally, a person commits murder if the person commits or attempts to commit a felony, other than manslaughter, and in the course of an in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
The offense is a first degree felony punishable by 5 to 99 year or life imprisonment in the institutional division and/or a fine not to exceed $10,000. However, the offense is a second degree felony punishable by 2 to 20 years imprisonment in the institutional division and/or a fine not to exceed $10,000 if the person can prove the person caused the death under the immediate influence of sudden passion arising from an adequate cause.
Capital Murder:
A person commits capital murder if they
commit murder and one of following eight situations exist:
(1) the person murders a peace officer or fireman who is acting
in the lawful discharge of an official duty and who the person knows is
a peace officer or fireman;
(2) the person intentionally commits the
murder in the course of committing or attempting to commit kidnapping,
burglary, robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat in certain ways;
(3) the person
commits the murder for remuneration or the promise of remuneration or
employs another to commit the murder for remuneration or the promise of
remuneration;
(4) the person commits the murder while escaping or
attempting to escape from a penal institution;
(5) the person, while
incarcerated in a penal institution, murder another who is employed by
the penal institution or with the intent to establish, maintain, or
participate in a combination
(6) the person murders another while
incarcerated for murder;
(7) the person murders more than one person
during the same criminal transaction; or
(8) the person murders an
individual under 6 years of age.
Manslaughter:
A person commits this offense if the person recklessly causes the death of an individual.This offense is a second degree felony punishable by 2 to 20 years imprisonment and a fine not to exceed $10,000.
Criminally Negligent Homicide:
A person commits this offense if the person causes the death of an individual by criminal negligence.This offense is a state jail felony punishable by 180 days to 2 years in the State Jail and a fine not to exceed $10,000.
Frequently asked Questions and Answers - Homicide Offenses
What if I acted to defend my life? It is a defense that a person uses force against another when and to the degree the person reasonably believes the force is immediately necessary to protect himself against the other’s use or attempted use of unlawful force. It is also a defense to use force to protect another’s life.Has your firm ever successfully defended a homicide case? Yes. Early in his career, Attorney Noel Reese obtained a not guilty verdict in an attempted capital murder trial. He has also successfully defended several homicides and attempted homicides occurring in state penal institutions. Attorney Robert Hatcher has tried and defended over 70 homicide cases in his successful career. Together, the firm has the experience to handle complex homicide cases throughout Texas.
