Criminal homicide in Texas is likely the most serious criminal offense and can result in very serious penalties and punishments. An individual who has been convicted of homicide stands to lose their freedom can receive a lengthy prison sentence and steep fines, can receive a criminal record, and may not be eligible to apply for certain occupations or educational opportunities. In some cases, a person can even lose their life due to the death penalty in Texas.
Even if you did not intend to kill or cause the death of another person, or the death was the result of an accident or mistake, you can still be charged with this serious offense.
Criminal charges for homicide do not necessarily have to result in a conviction. The state prosecutor must prove you committed every element to the offense beyond a reasonable doubt. This is a very difficult burden to meet and any doubt in the mind of the judge or jury can result in reduction or dismissal of the charges against you. Therefore, it is important to consult an experienced criminal defense lawyer in Georgetown who will help you identify your best legal defense.
Georgetown Homicide Lawyer
If you have been charged with a homicide offense in Georgetown, or any of the surrounding areas in Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact the Price & Twine, PLLC
Michael J. Price is a knowledgeable violence crimes attorney who will make every effort to fight the violent crime allegations against you. Call Price & Twine, PLLC for a free consultation at (512) 354-1880 about your homicide allegations.
Georgetown Homicide Offenses
An individual can be charged with criminal homicide if they intentionally, knowingly, recklessly or with criminal negligence cause the death of another person. Criminal homicide can include a number of offenses, such as murder, capital murder, manslaughter or criminally negligent homicide.
According to Tex. Penal Code Ann. § 19.02, an individual can be charged with murder if they:
- Intentionally or knowingly cause the death of another person;
- Intend to cause serious bodily injury and commit an act that is clearly dangerous to human life that causes another person’s death; or
- Commits or attempts to commit a felony, and during the commission of the felony offense or attempt, the alleged offender commits or attempts to commit an act clearly dangerous to human life that causes the death of another person (also known as felony-murder).
According to Tex. Penal Code Ann. § 19.03, an individual can be charged with capital murder if they commit murder and:
- Murder a peace officer or fireman acting in the course of duty;
- Intentionally commit the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or a terroristic threat;
- Commit the murder for the promise of money or employ another person to commit the murder with the promise of money;
- Commit the murder while escaping from jail or prison;
- Commits murder while incarcerated;
- Is a serial killer;
- Murders more than one person during the same offense;
- Murders an individual under the age of six; or
- Murders a judge or justice of the court in retaliation.
According to Tex. Penal Code Ann. § 19.04, an individual can be charged with manslaughter if they recklessly cause the death of another person.
According to Tex. Penal Code Ann. § 19.05, an individual can be charged with criminally negligent homicide if they cause the death of another person by criminal negligence.
Georgetown Homicide Mental States
An individual charged with criminal homicide is required to have a certain mental state, or act intentionally, knowingly, recklessly or with criminal negligence. Mental states are subjective and different for every person, so it may be difficult for the state prosecutor to prove the alleged offender had the required mental state to the homicide offense. According to Tex. Penal Code § 6.03, the mental states for criminal homicide offenses are defined as follows:
- Knowingly – An individual acts knowingly if they commit an act and they are aware their actions are reasonably certain to cause the result of the conduct.
- Intentionally – An individual acts intentionally if they commit an act and it is in their desire or conscious objective to engage in the conduct or to cause the result of the conduct.
- Recklessly – An individual acts recklessly if they commit an act and they are aware of the result of their actions, but consciously disregard the possibility the result will occur.
- Criminal Negligence – An individual acts with criminal negligence if they should be aware of a substantial and unjustifiable risk that the result will occur.
Penalties in Georgetown for Homicide
A criminally negligent homicide offense can result in a state jail felony conviction, which is punishable by 180 days to two years in jail and/or a fine up to $10,000.
A manslaughter offense can result in a felony of the second-degree conviction, which is punishable by two to 20 years in prison and/or a fine up to $10,000.
A murder offense can result in a felony of the first-degree conviction, which is punishable by five to 99 years in prison or life imprisonment and/or a fine up to $10,000. However, a murder offense can result in a felony of the second-degree conviction, which is punishable by two to 20 years in prison and/or a fine up to $10,000, if it is shown at trial that the alleged offender acted under the immediate influence of passion from an adequate cause.
A capital murder offense can result in a capital felony conviction, which is punishable by life without parole, life imprisonment, or the death sentence.
Price & Twine, PLLC | Round Rock Negligent Homicide Attorney
Contact Price & Twine, PLLC today for a consultation about your alleged homicide throughout Williamson County in Texas. Michael J. Price is an aggressive Georgetown criminal defense lawyer who will make every effort to find defenses or mitigating factors that can result in a reduction or dismissal of the charges against you.
Contact Price & Twine, PLLC at (512) 354-1880 or fill out an online contact form for a consultation about your alleged homicide throughout Williamson County and Bell County in Texas.