Texas Murder Lawyer – Houston Criminal Defense Attorney

Texas Murder Lawyer

In general four different types of criminal homicide or murder exist

(more severe to less severe):

Capital Murder;
Murder (including Felony Murder);
Manslaughter;
Criminally Negligent Homicide

Murder Lawyer – Capital Murder

A person commits capital murder if he or she intentionally or knowingly:

Murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
Commits murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
Commits a murder for hire;
Murders more than one person:
1. during the same criminal transaction; or
2. during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or
Murders an individual under six years of age.

Punishment: Life or Death

Murder Lawyer & Murder Accusations

A person commits murder if he or she:

Intentionally or knowingly causes the death of an individual;
Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
Commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

In subsection (1) and (2) the person must have “intent to kill.” Subsection (3) refers to the Felony Murder Doctrine, where “intent to kill” is not required. If you have two prior DWI convictions, are driving while intoxicated and cause death, you can be charged with felony murder.

Punishment (1^st Degree Felony): 5 – 99 years, or life in prison.

Murder Lawyer – Manslaughter

The list of crimes in Texas Penal Code 71.02, includes:

murder, capital murder, arson, aggravated, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, continuous sexual abuse of young child or children, solicitation of a minor, forgery, deadly conduct, assault (punishable as a Class A misdemeanor), burglary of a motor vehicle, or unauthorized use of a motor vehicle;

(2) any gambling offense punishable as a Class A misdemeanor;

(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;

(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;

(5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;

(5-a) the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code;

(6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;

(7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age;

(8 – 17) any felony offense under Chapter 32 (fraud), 36 (bribery), 34 (money laundering), 35 (insurance fraud), 35A (Medicaid fraud), 37.11(a) (impersonating a public servant), 20A (human trafficking), 37.10 (tampering with a governmental record), 38.06 (escape), 38.07 (facilitating escape), 38.09 (implementing escape), 38.11 (prohibited substance in jail or prison), 42.10 (dog fighting), 46.06(a)(1) (unlawful transfer of weapons), 46.14 (firearm smuggling), 20.05 (smuggling persons), 20.06 (continuous smuggling of persons); or Medicaid fraud), 37.11(a) (impersonating a public servant), 20A (human trafficking), 37.10 (tampering with a governmental record), 38.06 (escape), 38.07 (facilitating escape), 38.09 (implementing escape), 38.11 (prohibited substance in jail or prison), 42.10 (dog fighting), 46.06(a)(1) (unlawful transfer of weapons), 46.14 (firearm smuggling), 20.05 (smuggling persons), 20.06 (continuous smuggling of persons); or

(18) any offense classified as a felony under the Tax Code.

Punishment ranges vary depending on the severity of the underlying offense and can be punished anywhere from a state jail felony all the way up to a capital offense.

If you or someone you know has been arrested for or is being investigated for an offense associated with organized criminal activity contact our attorneys to learn why the Adamo and Adamo Law Firm is recognized across the country as an elite criminal defense team.