Few attorneys in Texas have heard the words “not guilty” from a jury after defending their client on the charge of murder. We have. Our Fort Worth murder lawyers have handled dozens of murder cases over the decades, first as prosecutors and now as defense attorneys. Experience matters.
Understanding Texas Penal Code § 19.02 – Murder
Texas Penal Code § 19.02 defines murder as one of the following acts:
Intentionally or knowingly causing the death of another person
Intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes death
Causing death while committing or attempting to commit a felony (felony murder)
How is Murder Defined in Texas?
In most murder cases, the defendant is accused of “intentionally or knowingly causing the death of another person.” However, the definition for murder in Texas is actually broader than that, and it includes deaths that were caused unintentionally, where the accused acted with the intent to cause serious bodily injury and committed an act that was clearly dangerous to the life of another. A person can also be charged with murder if, while committing a felony, he or she commits an act that is clearly dangerous to human life and causes a death.
What is the Punishment Range for Murder?
Murder is typically classified as a first-degree felony, punishable by:
5 to 99 years or life in prison
Fine up to $10,000
Both imprisonment and fine
However, murder can be reduced to a second-degree felony if the defendant proves they acted under the immediate influence of sudden passion arising from adequate cause.
Sudden passion is a mitigating finding that allows jurors to consider whether a murder defendant had been provoked to such a level of fear, rage or resentment that any reasonable person in a similar situation would have been “incapable of cool reflection.” If jurors find that a defendant acted in sudden passion, the maximum punishment for murder is reduced from life in prison to 20 years.
For more information, please reference the Code of Criminal Procedure Section 19.02.
Self-defense in Texas is governed by two main statutes:
§ 9.31: General right of self-defense
§ 9.32: Deadly force in self-defense
Requirements for Self-Defense Claim
To claim self-defense, a person must reasonably believe that force is immediately necessary to protect against another’s unlawful force. For deadly force, one must reasonably believe it is immediately necessary to protect against:
March 19, 2025Comments Off on Dallas Woman Charged with Intoxication Manslaughter Awarded Probation After 8-Day Trial – Legal Team Celebrates Second Chance for Client
