Created by FindLaw's team of legal writers and editors | Last reviewed March 28, 2018
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Texas does not officially use the term "first degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as "capital murder," which is murder for which a perpetrator can get a sentence of capital punishment. To convict a defendant of capital murder, prosecutors must be able to prove beyond a reasonable doubt that:
Below you will find key information on Texas first degree murder laws, penalties, and possible defenses. Remember, if you have been accused of taking another person’s life, it is strongly advised you have the best possible counsel to represent you in court.
Statutes |
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Additional Criteria for Capital Murder in Texas |
In addition to the above criteria, in order for the charge to be capital murder, as opposed to just "murder' in Texas, one of the following must apply:
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Possible Defenses |
NOTE: If none of the criteria are met for capital murder, the defendant may still be found guilty of a lesser murder charge. See First Degree Murder Defenses to learn more. |
Penalties |
In Texas, first degree murder (or capital murder), carries a very serious and very heavy penalty. Since Texas is a state that allows capital punishment, it is possible to receive a death penalty sentence. Generally speaking, the sentence for a capital felony in Texas is either death or life in prison without the possibility of parole. If the defendant is declared to be incapacitated (e.g. with a mental disability or is declared insane), then he/she will be spared from the death penalty. The minimum age in Texas to receive the death penalty is 17 years of age. See First Degree Murder Penalties and Sentencing for more details. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
First-degree murder is the most serious crime on the books in Texas and can result in life in prison or even the death penalty. If you have been charged with killing another person, you will need to understand the law, any possible defenses available to you, and your chances of successfully mounting a credible defense to the charges. Reach out to an experienced Texas criminal defense attorney now.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Texas attorneys offer free consultations.