What Is the Penalty for Homicide in Texas?

Homicide is the most serious criminal charge under Texas law. It refers to the unlawful killing of another person and is punished with some of the harshest penalties in the state’s justice system, including life imprisonment or even the death penalty in certain cases.

Though all of the above is true, it's also important to realize that not all criminal homicide charges are the same. The penalty depends on many factors, including the type of offense, the circumstances of the act, the victim, and even the accused's intent.

At Sparks Law Firm, the team works hard with those who are facing charges of first-degree murder, second-degree murder, manslaughter, and more. They can also answer questions like What is the max sentence for homicide in Texas? Understanding the different types of homicide, and the penalties that may be applied, is important for anyone accused of these serious crimes.

Overview of Homicide Under Texas Law

Texas Penal Code § 19.01 defines criminal homicide as occurring when a person intentionally, knowingly, recklessly, or with criminal negligence causes the death of another person.

There are four primary types of criminal homicide under Texas law:

1. Murder

2. Capital Murder

3. Manslaughter

4. Criminally Negligent Homicide

Each offense has its own legal standards and corresponding penalties when a person commits criminal homicide. Homicide offenses are serious offenses, and the types and penalties are listed, below:

1. Felony Murder (Texas Penal Code § 19.02)

Murder is the unlawful killing of another person with intent or knowledge of causing death. Under Texas law, a person commits murder when they:

• Intentionally or knowingly cause the death of another person. This means that they knew what they were doing and intentionally wanted to kill the other person.

• Intend to cause serious bodily injury and commit an act clearly dangerous to human life, resulting in death. If a person intentionally commits a crime that could cause severe bodily injury, it could also be a murder charge.

• Commit or attempt to commit a felony (other than manslaughter), and during the commission, a person is killed (this is known as the felony murder rule). When a person is committing a felony crime, like aggravated sexual assault, robbery, kidnapping, etc, and the victim dies, murder charges in Texas may apply.

Penalty for Murder in Texas:

Murder is classified as a first-degree felony, which carries:

• 5 to 99 years, or life imprisonment

• A possible fine of up to $10,000

However, if the defendant can prove the killing occurred in the heat of sudden passion arising from adequate provocation, the offense may be downgraded to a second-degree felony. An example of this is if a person kills their spouse or their lover the moment they catch them having an affair. That rage, or the "sudden passion" they feel, could be downgraded to second-degree murder, which is punishable by:

• 2 to 20 years in prison

• A fine of up to $10,000

This exception does not apply automatically and must be proven by the defense during trial or sentencing. For more information, our criminal law firm in Fort Worth may be able to help.

Capital Murder (Texas Penal Code § 19.03)

Capital murder is the most serious form of homicide in Texas and applies when specific aggravating circumstances are present. A person may be charged with capital murder if they intentionally kill:

• A peace officer/police officer or firefighter acting in an official duty

• During the commission of another felony, such as robbery, kidnapping, sexual assault, arson, or obstruction/retaliation - Immediate flight from the commission of another felony also applies.

• When a person murders for payment or promise of payment (murder-for-hire)

• While escaping or attempting to escape from a penal institution

• Making a terroristic threat

• More than one person during the same or different criminal transactions

• A child under 10 years old, or a person under 15 in some cases

• As an act of retaliation against a judge or justice

Penalty for Capital Murder in Texas:

Capital murder is a capital felony, punishable by:

• Death by lethal injection, or

• Life imprisonment without the possibility of parole

If the defendant was under the age of 18 at the time of the offense, the death penalty cannot be applied, but life without parole remains an option based on this murder statute.

Capital murder cases involve highly complex procedures and typically require board-certified criminal defense counsel due to the life-or-death stakes.

3. Manslaughter (Texas Penal Code § 19.04)

Manslaughter is charged when someone causes the death of another person through reckless behavior, but without intent to kill. This means that the penalties are not as severe, but if convicted, the accused could still spend many years in prison.

Examples:

• Driving at an excessive speed in a crowded area and causing a fatal crash

• Firing a gun recklessly in a public space

• Engaging in dangerous conduct while intoxicated - intoxication manslaughter (alcohol or a controlled substance)

Penalty for Manslaughter in Texas:

Manslaughter is a second-degree felony, punishable by:

• 2 to 20 years in prison

• A fine of up to $10,000

4. Criminally Negligent Homicide (Texas Penal Code § 19.05)

Criminally negligent homicide occurs when a person causes another’s death through criminal negligence — failing to recognize or prevent a "substantial and unjustifiable risk" that an ordinary person would have avoided.

Examples:

• Leaving a child unattended in a hot car

• Mishandling a firearm in a crowded area

• Failing to secure heavy machinery that falls and kills someone

This charge focuses on a gross deviation from ordinary care, rather than recklessness or intent.

Penalty for Criminally Negligent Homicide in Texas:

For a defendant found guilty, they face:

• 180 days to 2 years in a state jail facility

• A fine of up to $10,000

Although it is the least severe homicide charge, a conviction still results in a felony record and serious long-term consequences.

Additional Penalty Factors and Enhancements

Several factors can enhance or reduce the severity of a homicide sentence in Texas:

• Prior criminal history may increase penalties

• Plea agreements may reduce prison time in exchange for cooperation

• Use of a deadly weapon typically triggers sentencing enhancements

• The presence of multiple victims or children may lead to harsher outcomes

• Mitigating evidence, such as mental health issues or lack of intent, may influence sentencing

In capital cases, sentencing involves two distinct phases — one to determine guilt and another to evaluate punishment, including aggravating and mitigating factors.

Legal Defenses to Homicide Charges

While every case is different, common defenses to homicide charges in Texas include:

• Self-defense or defense of others

• Lack of intent or accident

• Mistaken identity or false accusations

• Violation of constitutional rights during investigation

• Insufficient evidence

• Mental illness or incapacity

Defense attorneys at Sparks Law Firm work closely with forensic experts, investigators, and witnesses to build strong legal defenses in homicide cases. Every element of the prosecution’s case must be carefully scrutinized and challenged.

Contact Sparks Law Firm for a Free Consultation

Homicide charges in Texas carry life-altering consequences, and the penalties vary dramatically based on intent, circumstances, and statutory classification. From criminally negligent homicide to capital murder, every case demands a thorough understanding of Texas law and a strategic legal response.

When someone is accused of taking a life, the justice system moves swiftly and decisively. That’s why experienced legal counsel is essential. The prosecution must prove that homicide crimes occurred without a reasonable doubt, but a lawyer will work hard to get the best possible outcome.

The defense team at Sparks Law Firm stands ready to provide aggressive, strategic, and compassionate representation for those facing homicide charges in Texas.

Sparks Law Firm handles serious felony cases throughout Texas, including Fort Worth, Dallas, and surrounding areas. To discuss a homicide charge or schedule a confidential consultation, contact the firm today.