Murder Charges in Texas | Houston Murder Defense Attorney

Murder is a first-degree felony in Texas, punishable by up to life in prison — the most serious charge short of capital murder. But murder cases are also among the most defensible serious cases, because they turn on intent, causation, and justification. Self-defense can be a complete defense, and "sudden passion" can cut the punishment range in half. The stakes and the complexity make experienced defense essential from day one.

If you or a loved one is facing a homicide charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 19.02, a person commits murder by: (1) intentionally or knowingly causing a death; (2) intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes death; or (3) causing death while committing or attempting a felony (felony murder). Each theory has different elements the State must prove — and different weaknesses a defense can exploit.

Penalty Range

Circumstance	Offense Level	Punishment
Murder	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
Murder with proven sudden passion (at punishment)	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Reduced to Manslaughter (reckless killing)	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Capital murder (see separate page)	Capital Felony	Life without parole or death

How These Cases Are Defended

Self-defense and defense of others. Deadly force can be justified, and Texas law sometimes presumes reasonableness. This is often the strongest defense and, if successful, results in acquittal.
Lack of intent / reducing to manslaughter. Where the killing was reckless rather than intentional, the case may be manslaughter, not murder.
Sudden passion. Proving sudden passion at punishment cuts a first-degree exposure to second-degree.
Causation and identity. The State must prove your act caused the death and that you were the person responsible; forensic and eyewitness proof is frequently contestable.
Attacking the evidence. We scrutinize the autopsy, forensics, digital evidence, witness credibility, and the integrity of the police investigation, and retain qualified experts.

Collateral Consequences

A murder conviction carries decades to life in prison, a permanent violent-crime record, and the loss of virtually every civil right. Given the stakes — and how often intent, identity, and justification are genuinely disputed — a rigorous, expert-supported defense is critical.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who have handled the most serious cases the system brings. If you or a loved one is facing a murder charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is murder under Texas law?

Under Texas Penal Code § 19.02, a person commits murder by intentionally or knowingly causing the death of another; by intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes death; or by causing death while committing or attempting a felony (felony murder). Murder is a first-degree felony.

What is the punishment for murder in Texas?

Murder is a first-degree felony punishable by 5 to 99 years or life in prison and a fine up to $10,000. If the defendant proves at the punishment stage that the killing was committed under the immediate influence of sudden passion arising from an adequate cause, the offense is punished as a second-degree felony (2 to 20 years).

What is the difference between murder and manslaughter?

Murder requires an intentional or knowing killing, an intent to cause serious injury with a fatal dangerous act, or a death during a felony. Manslaughter under § 19.04 is a reckless killing — causing death through recklessness rather than intent — and is a second-degree felony. Reducing a murder charge to manslaughter can dramatically lower the exposure.

Is self-defense a defense to murder in Texas?

Yes. Texas law permits the use of deadly force to protect yourself or a third person when it is immediately necessary against another's unlawful deadly force, and in some situations the law presumes that use of force was reasonable. Self-defense, defense of others, and defense of property are complete defenses when the facts support them.

What is 'sudden passion' and how does it help?

Sudden passion is an emotional response to a provoking event — sufficient to render an ordinary person incapable of cool reflection — that arises at the time of the killing. If the defense proves it at the punishment phase, it lowers a first-degree murder to second-degree punishment, cutting the maximum from life to 20 years.