Murder Lawyer in San Antonio

Texas Murder Charges: Types & Penalties

Texas law defines several distinct homicide offenses under the Penal Code. The charge a person faces depends on the alleged facts, intent, and circumstances. Understanding the differences matters because the penalties vary significantly, and the available defenses differ by charge.

Murder (First-Degree Felony)

Under Texas Penal Code Section 19.02, murder is a first-degree felony carrying 5 to 99 years or life in prison. A person commits murder by intentionally or knowingly causing another’s death, by intending serious bodily injury and committing an act clearly dangerous to human life that results in death, or under the felony murder doctrine during the commission of or flight from a felony.

Capital Murder (Capital Felony)

Texas Penal Code Section 19.03 elevates a murder to capital murder when specific aggravating factors are present. These include killing a peace officer or firefighter in the line of duty, murder for hire, killing during a kidnapping or robbery, murder of a child under 10, or killing multiple people in the same criminal transaction. Capital murder is punishable by the death penalty or life in prison without parole.

Manslaughter & Criminally Negligent Homicide

Manslaughter under Section 19.04 is a second-degree felony carrying 2 to 20 years, applying when a person recklessly causes another’s death. Criminally negligent homicide under Section 19.05 is a state jail felony carrying 180 days to 2 years and applies where death results from criminal negligence rather than a conscious disregard of risk.

Sudden passion is worth noting here. If proven by the defendant at the punishment phase of a murder trial, it can reduce a first-degree felony murder conviction to a second-degree felony, bringing the sentencing range down to 2 to 20 years.

Defense Approaches in Texas Murder Cases

We review the prosecution’s complete case file and investigate every available defense avenue. The right approach depends entirely on the facts of the case, and we don’t apply a single strategy to every client.

Common defense theories in Texas murder cases include:

• Self-defense: Under Texas Penal Code Section 9.32, the use of deadly force is justified when a person reasonably believes it is immediately necessary to protect against another’s use or attempted use of deadly force.
• Challenging forensic evidence: Autopsy findings, ballistic analysis, and chain of custody for physical evidence are all subject to scrutiny. Weaknesses in the state’s forensic case can create reasonable doubt.
• Contesting intent: First-degree murder requires proof of intent. Demonstrating that the accused lacked the specific intent to kill or cause serious bodily injury can support a lesser charge or may contribute to an acquittal.
• Attacking felony murder charges: When the state charges felony murder, we examine the underlying felony charge, the causal link between the conduct and the death, and the defendant’s participation in the relevant act.
• Negotiating lesser included offenses: Where charges can’t be fully contested, pursuing a reduction to manslaughter or criminally negligent homicide may substantially narrow the potential sentencing range.

A murder defense attorney in San Antonio must be ready to pursue every angle from investigation through trial. That is the standard we hold ourselves to at Calfas Law Group, PLLC.