Texas Second Degree Murder Laws

Texas does not officially use the term "second degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as just "murder," which is a first degree felony. To convict a defendant of murder, prosecutors must be able to prove beyond a reasonable doubt that:

• The defendant intentionally and knowingly caused the death of another person;
• The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual; or
• The defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.

• Lack of intent
• Lack of knowledge
• Insanity
• Intoxication
• Self-defense
• "Heat of passion" defense (i.e. The defendant was provoked to commit the crime by fear, rage, terror or some other extreme emotion.)

NOTE: If none of the criteria are met, the defendant may still be found guilty of a lesser homicide charge.

See Second Degree Murder Defenses for more information.

Murder in Texas is a first degree felony. This charge will typically carry a sentence of between five and 99 years in a state prison and/or a fine of no more than $10,000. At the sentencing stage of the defendant's trial, the defendant can raise the issue of having committed the crime in the "heat of passion" arising from an adequate cause. If the defendant is found to have been in the heat of passion at the time of the homicide, then the charge will be reduced to second degree felony. A second degree felony carries a sentence of between two and twenty years in a state prison and a fine of no more than $10,000.

See Second Degree Murder Penalties and Sentencing to learn more.