It’s not uncommon for Texas laws to differ significantly from laws in other states, and the degrees of murder charges in Texas are no exception. In the Lone Star State, the terms related to murder are often misused, and that’s because we refer to the different degrees of murder by name rather than by degree.
While other states might use terms like “first-degree murder” or “second-degree murder,” Texas categorizes these crimes as capital murder, murder, manslaughter, and criminally negligent homicide. Each charge carries significantly different penalties, ranging from a few years in jail to life imprisonment or even the death penalty, depending on the severity of the offense and the circumstances surrounding the case.
If you’re facing any type of murder charge in Texas, your freedom and future hang in the balance. Led by aggressive trial lawyer Mark Thiessen, Thiessen Law Firm knows how to beat a murder charge in Texas — and we have a proven track record of defending our clients against the most complex and grievous charges.
Call (713) 864-9000 or contact us online for a confidential consultation, and let us put our expertise to work for you.
What are the degrees of murders in Texas?
Despite what you may have seen on TV or heard about other states’ laws, Texas does not actually classify murders by degrees. There is no “first-degree murder” or “second-degree murder” in Texas. Instead, the state uses a specific classification system that categorizes homicide offenses based on the circumstances and intent of the crime.
Another thing to note about the Texas murder laws is that murder is actually a type of homicide charge, not a broad classification. According to Texas Penal Code § 19.01, homicide is a felony crime that is defined as “intentionally, knowingly, or recklessly causing the death of an individual.” Homicide is a broad term used to describe these four different subsets of homicide crimes:
- Capital murder (Texas Penal Code § 19.03): Texas’s most serious homicide charge, equivalent to what other states would call first-degree murder in Texas.
- Murder (Texas Penal Code § 19.02): A first-degree felony in Texas, equivalent to what other states call second-degree murder.
- Manslaughter (Texas Penal Code § 19.04): A second-degree felony involving recklessly causing death, which can be voluntary or involuntary.
- Criminally negligent homicide (Texas Penal Code § 19.05): A state jail felony involving death caused by criminal negligence.
Now that that’s cleared up, let’s answer the question correctly, according to the language in the Texas murder laws.
What are the levels of homicide in Texas?
Capital murder
In Texas, the most serious homicide charge is capital murder, meaning it’s essentially what other states call first-degree murder. We should note that when discussing capital murder vs. first-degree murder, Texas technically does not use the term “first-degree murder” at all.
As the most serious homicide charge in the state, capital murder carries the most severe penalties possible for such a charge: either the death penalty or life imprisonment without the possibility of parole.
So what exactly is capital murder? To be charged with capital murder in Texas, it must be proven beyond a reasonable doubt that the defendant intentionally or knowingly caused the death of another who was acting under lawful duty, or that the victim was under the age of 10. Those who were paid to commit murder, paying another to commit murder, or trying to escape a penal institution may also be charged with capital murder.
Murder
In the state of Texas, second-degree murder is referred to simply as “murder,” and is generally charged as a first-degree felony.
“Second-degree” murder charges, as defined by Penal Code § 19.02(b)(1), still require intent on the part of the accused, and can be filed when:
- A person intentionally or knowingly causes the death of an individual;
- A person intends to cause serious bodily injury and commits an act that causes the death of an individual; or
- A person causes the death of an individual during the commission or attempted commission of a felony.
Murder can sometimes be charged as a second-degree felony if it can be proven that the act was a crime of passion. Crimes of passion are actually called “sudden passion” in Texas — and they are actually affirmative defenses to a crime. This means that your attorney would argue that although you did commit the crime of homicide, it was because of sudden passion that rendered you unable to coolly reflect on your actions.
First-degree felonies are punishable by 5 – 99 years, or life in prison, and a fine of up to $10,000. Affirmative defenses of sudden passion usually mean the charge is dropped to a second-degree felony, which is punishable by 2 – 20 years in jail and a fine of up to $10,000.
Manslaughter
While some states distinguish between voluntary and involuntary manslaughter, Texas combines both under a single manslaughter statute. The distinction often lies in whether you acted in the heat of passion (voluntary) or through reckless behavior (involuntary), but the charge and potential penalties remain the same.
Unlike murder charges, manslaughter does not require the prosecution to prove that you intended to cause death or serious bodily injury. Instead, manslaughter in Texas occurs when a person recklessly causes the death of another individual (like in the case of intoxication manslaughter).
To be charged with manslaughter in Texas, it must be proven beyond a reasonable doubt that you acted recklessly — meaning you consciously disregarded a substantial and unjustifiable risk that death would occur as a result of your conduct. A classic example would be someone who drives at excessive speeds and causes a fatal accident. Manslaughter is charged as a second-degree felony in Texas, punishable by 2 – 20 years in prison and a fine of up to $10,000.
Criminally negligent homicide
Criminally negligent homicide in Texas represents the lowest level of criminal homicide charges. When comparing criminally negligent homicide vs. manslaughter, the key difference lies in your state of mind.
Unlike manslaughter, where a person is aware of but disregards the risk, criminally negligent homicide occurs when a person should have been aware of a substantial and unjustifiable risk that death would result from their conduct but failed to perceive it. For example, leaving a loaded firearm within reach of small children who then causes a fatal accident.
To be charged with criminally negligent homicide in Texas, prosecutors must prove that your failure to perceive the risk constituted a gross deviation from the standard of care that an ordinary person would exercise. Criminally negligent homicide is charged as a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
Types of homicide in Texas — FAQs
How many types of homicides are there?
Under Texas law, criminal homicide is divided into four distinct classifications based on the circumstances and intent of the crime:
| Offense | Charge | Maximum fine | Jail time |
| Criminally negligent homicide | State jail felony | $10,000 | 180 days – 2 years |
| Manslaughter | Second-degree felony | $10,000 | 2 – 20 years |
| Murder | First-degree felony | $10,000 | 5 – 99 years, or life in prison |
| Capital murder | Capital felony | $10,000 | Life in prison or the death penalty |
Each type carries its own specific penalties and requirements for prosecution.
Which type of homicide is the most serious?
Capital murder is the most serious homicide charge in Texas, carrying either the death penalty or life imprisonment without the possibility of parole. This charge is reserved for specific circumstances such as killing an officer on duty, murder for hire, or murder during another serious felony.
Does Texas have 3rd degree murders?
No. There are only three states in America that have third-degree murder laws — Minnesota, Florida, and Pennsylvania — and each has its own set of laws regarding what is considered third-degree murder. Because Texas is not one of these states, you cannot be charged with third-degree murder.
Looking for aggressive murder defense in Houston? Call Thiessen Law Firm today!
Rather than referring to different murder charges in Texas by degrees, the state classifies first-degree murder as capital murder and second-degree murder as murder. It does not have laws classifying third-degree murder.
If you or a loved one are facing any type of homicide charge in Texas, you must hire an aggressive Houston homicide defense attorney, like the ones from Thiessen Law Firm, as soon as possible. Murder and manslaughter charges are some of the most serious charges you can face in Texas courts, and hiring the right attorney can be the difference between your freedom and a lifetime in prison.
Let us help protect and fight for your rights. Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation.
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