What Are the Different Types of Homicide Charges in Texas?

Not all homicides are treated the same under Texas law. While the word "homicide" simply means the killing of one person by another, the intent, circumstances, and degree of negligence involved can lead to very different criminal charges — and very different consequences for those who are accused of these crimes.

Whether a death happened during a heated moment, through reckless behavior, or as part of a planned act, Texas law recognizes that context matters. The state breaks down homicide into several specific offenses: murder, capital murder, manslaughter, and criminally negligent homicide.

Understanding how each one works — and what sets them apart — is key for anyone facing charges or trying to make sense of the Texas legal system. Here's how the law defines these offenses and what penalties they carry. Sparks Law Firm can also answer the question of What is the max sentence for homicide in Texas?

The Four Main Charges for Homicide in Texas

Texas Penal Code doesn’t lump all homicides together. Instead, it separates them based on a few factors, which include:

• What was the accused person thinking at the time?

• How dangerous was their behavior?

• Were there special circumstances that made the act more serious?

Let’s break them down one by one.

1. Murder in Texas: Intentional and Serious Murder Charges

Murder is what most people think of when they hear “homicide.” It usually involves intentionally killing another person.

But in Texas, it’s actually broader than that. Someone can be charged with murder if they:

• Intended to kill someone

• Meant to seriously hurt someone, and their actions ended up taking a human life

• Caused someone’s death while that person commits a felony, like a robbery, even if killing wasn’t the goal (this is known as the felony murder rule)

Real-Life Example:

A person gets into a fight and stabs someone with the intent to cause serious injury — the victim dies. Even in cases where there was no intent to kill, that could still be murder. However, it would likely not be first-degree murder, and instead, be seen as second-degree felony murder.

Penalty:

Murder is usually a first-degree felony in Texas. It can lead to:

• 5 to 99 years or life in prison

• Up to $10,000 in fines

• A jury cannot give a defendant found guilty of murder probation

In some situations, as mentioned, the charge can be reduced to a second-degree felony if the killing happened during a “sudden passion” — like in the heat of the moment. This also is described as a "sudden passion arising" due to a situation, i.e. catching a cheating spouse with their lover. There is no technical second degree murder or third degree murder when a Texas homicide is concerned. It's all lumped under homicide charges, but these could be second-degree felonies or even a misdemeanor.

2. Capital Murder in Texas: The Highest-Level Charge

Capital murder is a more serious version of murder. It applies when there are certain aggravating circumstances that make the crime even more severe.

These include:

• Killing a police officer or firefighter on duty

• Murder committed during another violent felony (aggravated sexual assault, robbery, kidnapping, sexual assault, etc.)

• Murder-for-hire (either paying or getting paid to kill)

• Killing more than one person

• Killing a child under 10

• Killing a judge or committing murder as retaliation for a judge’s ruling

Penalty:

Capital murder is a capital felony — and that’s as serious as it gets in Texas. It can result in life imprisonment and even the death penalty. Texas is one of the few states where the death penalty is still actively used for homicide crimes. However, only capital criminal homicide charges are eligible for the death penalty.

3. Manslaughter: Recklessness That Leads to Death

Manslaughter doesn’t require intent to kill. Instead, it applies when someone causes another person’s death through reckless behavior — meaning they knew the risk but ignored it. The legal term is that they "consciously disregard" the consequences of their actions.

Examples of Manslaughter:

• Driving at 100 mph on a busy highway and causing a fatal crash

• Playing with a loaded gun while intoxicated

• Ignoring known safety risks at a worksite

In all these cases, the person may not have meant to hurt anyone, but their actions were so dangerous that they’re held responsible. Some states have the classifications of voluntary and involuntary manslaughter, but in Texas, voluntary manslaughter and involuntary manslaughter are lumped under a general manslaughter charge. Intoxication manslaughter also falls into this type of homicide.

Penalty:

Manslaughter is a second-degree felony:

• 2 to 20 years in prison

• Up to $10,000 in fines

While less severe than murder, a manslaughter conviction still comes with serious prison time and a permanent felony record.

4. Criminally Negligent Homicide: Carelessness, Not Intent

At the lowest end of the homicide spectrum is criminally negligent homicide. This charge applies when a death results from criminal negligence — not recklessness or intent, but extreme carelessness that falls far short of what a reasonable person would do.

It’s about what someone failed to notice or didn’t do — and how that failure cost another person their life.

Examples:

• Forgetting a child in a hot car leading to a fatal accident

• Leaving a gate open at a pool where a child later drowns

• Mishandling dangerous equipment without proper training or warning

These cases often involve an ordinary person who made devastating mistakes, not criminals with violent intent to cause serious bodily injury or someone knowingly killing another. However, the law states that the person, in this case, should have been aware of the substantial and unjustifiable risk their actions could cause...even if the person intentionally didn't mean to cause the death.

Penalty:

Criminally negligent homicide is a state jail felony:

• 180 days to 2 years in a Texas state jail

• Up to $10,000 in fines

It’s still a felony, but much lighter than the most severe penalties. For more information, the best criminal defense lawyer in Fort Worth TX may be able to help.

Intent, Recklessness, and Negligence: Why It Matters

The biggest factor that separates these homicide offenses is the mental state of the person involved. Here's how they differ:

Charge	Mental State	Example
Capital Murder	Intent + Aggravating Factors	Killing a police officer during a robbery
Murder	Intent to kill or harm	Stabbing someone in a fight
Manslaughter	Recklessness	Speeding or firing a gun into the air
Negligent Homicide	Criminal Negligence	Leaving dangerous conditions unattended

This mental state — often called “mens rea” in legal terms — is what prosecutors must prove in court beyond a reasonable doubt.

Why These Charges Matter So Much

In homicide cases, the difference between murder and manslaughter isn’t just legal jargon — it can mean the difference between life in prison and a few years behind bars. Prosecutors will often push for the most severe charge possible, especially in high-profile or emotionally charged cases.

That’s why anyone facing a homicide charge in Texas needs experienced legal representation — not just for trial, but for pre-trial negotiations, charge reductions, and protecting their constitutional rights throughout the process. If the defendant proves certain things during these steps, with the help of a lawyer, their charges can be reduced. They can share defenses to homicide in Texas.

Final Thoughts: Texas Takes Homicide Seriously

Every homicide charge in Texas is serious. Even those on the lower end of the spectrum, like criminally negligent homicide, come with life-altering consequences. And in the most severe cases, the penalties include life without parole — or worse.

At Sparks Law Firm, the focus is on providing an aggressive, strategic defense tailored to the facts of the case. No two homicide cases are the same, and neither is the approach taken to defend them.

Whether the charge involves a moment of recklessness or a serious allegation of intentional violence, the legal team at Sparks Law Firm is ready to fight for the best possible outcome. Call today for a free consultation.