While most homicide cases may seem the same, it’s important to understand that the circumstances of the offense will determine how it is prosecuted under Texas law. As such, though you may believe murder and manslaughter to be similar, these are two different crimes that carry distinct penalties. To learn more about the differences between murder and manslaughter and how these charges are prosecuted in Harris County, read on and reach out to our skilled Houston criminal defense attorneys. We are on your side no matter what.
How Does The State Of Texas Define Murder?
Murder charges are further split based on the severity and other circumstances encompassing the crime. While many states divide murder charges into first and second-degree murder, Texas law creates a difference between “capital murder” and “murder.”
To be charged with murder in accordance with Texas Penal Code § 19.02, the defendant must have knowingly and willingly caused the death of another person. The most significant distinguishing factor between murder and manslaughter involves the intent of the perpetrator. If the defendant intended to cause serious bodily harm or death, or intended to commit a felony other than manslaughter that resulted in death, he or she can be charged with murder.
When Does Murder Become a Capital Offense?
The difference between capital murder and murder is made when the killing was committed in a way that can result in capital punishment in Texas. As such, you can be charged with this offense under the following circumstances:
- Knowingly killing a law enforcement officer
- Receiving payment for the commission of this crime
- Killing a child under the age of 10
- Killing someone during the commission of an aggravated sexual assault, theft, or arson
- Killing more than one person at once, or serial killing
What Is Manslaughter?
Many states have two different types of manslaughter: voluntary and involuntary. Texas, however, connects these two charges into one and has enhanced penalties for certain aggravating factors, in accordance with Texas Penal Code § 19.04.
In order to be charged with manslaughter, a defendant must be proven beyond a reasonable doubt to have recklessly caused the death of another person. Contrary to murder, intent does not need to be proven in order to convict someone of manslaughter.
Intoxication Manslaughter
While Texas does not differentiate between voluntary and involuntary manslaughter, it is the only state that has a specific crime known as “intoxication manslaughter,” which is reserved for when a death is caused by someone who was impaired by drugs or alcohol. This charge most often applies to impaired motorists.
What Penalties Can I Face for This Offense?
When you are facing charges, understanding the penalties you can face is critical.
Murder and Capital Murder Penalties
When it comes to capital murder, the punishment can result in the execution of the defendant. A defendant who is sentenced to capital murder could also be given life in prison without the possibility of parole. A murder charge without capital implications, on the other hand, is a first-degree felony that can result in anywhere from 5 to 99 years in prison and a fine of no more than $10,000. Several defenses, such as insanity or a crime of passion defense, can result in lower charges or penalties in murder cases.
Manslaughter Penalties
All manslaughter charges in Texas are second-degree felonies, which carry prison sentences of 2 to 20 years and fines up to $10,000. Intoxication manslaughter may also result in minimum sentencing and a mandatory 240-800 community service hours.
What Should I Do if I’m Arrested?
In the event you are arrested for murder or manslaughter charges in Harris County, understanding how to proceed is critical. Generally, the most important thing you should do is refrain from speaking to the police. Though your instinct may be to defend yourself, anything you say can and will be used against you. Instead, you should revoke your Fifth Amendment right to remain silent and request an attorney.
CONTACT OUR EXPERIENCED HOUSTON FIRM
We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.