Murder charges in Texas carry some of the most severe penalties in the criminal justice system, ranging from decades in prison to life imprisonment, and in capital cases, the death penalty.
Murder under Texas Penal Code §19.02 requires proof that a person intentionally or knowingly caused the death of another, or intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused death. The mental state the state alleges determines the charge level, the available defenses, and the sentencing range. A first-degree murder conviction carries 5 to 99 years or life in prison. Capital murder can result in the death penalty.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He has handled murder cases from both sides of the courtroom and understands how the state builds these charges, what forensic and witness evidence it presents, and how mental state allegations are argued before a jury. Self-defense, sudden passion, defense of a third person, and lack of causation are all defenses that must be evaluated against the specific facts from the very beginning. Contact our firm today for a free consultation.
Murder charges carry consequences that extend far beyond the sentence itself. A conviction affects every aspect of your life permanently. When your freedom is at stake at this level, having a defense attorney who understands how Harris County prosecutors build and argue murder cases is not optional. It is the foundation of every decision that gets made in your case from the moment charges are filed.
If you or a family member is facing a murder charge in Houston, Harris County, Fort Bend County, or Montgomery County, contact David Smith Law Firm immediately. The first hours and days of a murder investigation are critical. Evidence is gathered, witnesses are interviewed, and decisions are made that can shape the case for years. Early legal intervention is the single most important step you can take.
First-degree murder under Texas Penal Code §19.02(b)(1) is charged when a person intentionally or knowingly causes the death of another individual. It carries 5 to 99 years or life in prison and fines up to $10,000. We examine the evidence of mental state the state is relying on, the reliability and credibility of every witness, whether forensic findings actually support the prosecution’s theory, and whether self-defense, defense of others, or sudden passion applies to the specific facts. The mental state element is frequently the most contested aspect of these cases.
Penalty: First-Degree Felony: 5 to 99 years or life in prison, fines up to $10,000.
Capital murder under Texas Penal Code §19.03 applies in specific circumstances including killing a peace officer or firefighter, killing for remuneration, killing during certain felonies, or killing more than one person in the same criminal transaction. A conviction results in either life without parole or the death penalty. These cases demand the highest level of legal representation and require immediate action from the moment of arrest. We approach capital murder defense with the full investment of resources, investigation, and strategy that charges of this severity demand.
Penalty: Life without parole or death penalty.
