In Texas, a homicide charge is one of the most serious offenses you can be charged with, and the consequences are pretty severe. From expensive fines to long jail sentences, and even the death penalty, there are a range of different penalties for this grievous offense.
Keep reading to learn more about the penalty for homicide and how an experienced attorney can help if you’ve been charged with this offense.
What Is Homicide?
Before we can explore the potential penalties of a homicide offense, we have to explain what kind of crime that actually is. Under section 19 of the Texas Penal Code, a person commits criminal homicide when they knowingly, intentionally, recklessly, or with criminal negligence, cause the death of an individual. In simpler legal terms, homicide is the unlawful killing of a person.
Types of Homicide Charges in Texas
In many states, homicide charges are split between first-degree murder, second-degree murder, and so on. However, Texas uses a different category to measure homicide charges. There are four types of homicide charges:
Criminally Negligent Homicide
This is the killing of a person through criminal negligence. What this means is that a person is responsible for a homicide because they acted in a dangerous manner but did not have the intention to kill. Some examples of criminally negligent homicide include drunk driving and leaving a child in a hot car.
Manslaughter
Sometimes, manslaughter cases and criminally negligent homicides look similar. However, what separates both cases is the level of recklessness involved. Manslaughter occurs when a person kills another out of reckless disregard for human life. This means the individual knew their actions were risky and could potentially lead to harm, but they chose to act anyway.
Murder
Unlike manslaughter, murder is the intentional and premeditated killing of a person. It may be committed through the following acts:
- Knowingly or intentionally causing the death of an individual
- Intentionally causing serious bodily injury and consequently committing an act that results in the death of an individual
- Killing a person while perpetrating or attempting to commit a felony or in immediate flight from the act
Capital Murder
Capital murder is the most severe type of homicide. It occurs when a person intentionally commits murder under any of the following circumstances:
- Killing while committing burglary, aggravated sexual assault, robbery, arson, kidnapping, terroristic threat, or obstruction
- Killing with the knowledge that the victim is a peace officer
- Killing in exchange for payment or promise of payment
- An inmate committing murder against a prison employee
- Killing while fleeing or attempting to escape from prison
- Killing more than one person during a single criminal episode
- Killing a judicial officer
What Is the Penalty for Homicide Charges in Texas?
In Texas, the punishment for homicide charges depends on the type of homicide committed. Here’s a brief overview of the penalties under Texas law:
- Criminally Negligent Homicide — Charged as a state jail felony, resulting in up to a $10,000 fine and up to 2 years in jail
- Manslaughter — Charged as a second-degree felony, resulting in up to a $10,000 fine and 2 – 20 years in jail
- Murder — Charged as a first-degree felony, resulting in up to a $10,000 fine and between 5 years to life imprisonment
- Capital Murder — Charged as a capital felony, it results in either life imprisonment without parole or the death penalty
How To Reduce Your Homicide Penalties
Because every homicide case is unique, several defenses can help to reduce the penalty. Some of these factors include:
- Self-defense
- Sudden passion
- Insanity
- Intoxication
- A lack of knowledge or intent
You should consult an experienced San Antonio homicide attorney to determine what circumstance applies to your case.
Charged With Homicide? Get a San Antonio Homicide Attorney You Can Trust
If you or your loved ones have been charged with homicide, you may be facing jail time or serious fines. Working with an experienced San Antonio criminal defense attorney can help you know your rights and ensure your interests are protected.
Don’t put your freedom at risk by fighting alone. Our experienced team will help you throughout the legal process in this criminal case and deliver a sound defense. Get the legal support you need from The Law Office of John G. Perez Jr.