Some people argue that "murder is murder" but nothing could be further from the truth. The Common Law definition of Murder is "the unlawful killing of another human being with malice aforethought express or implied." That means that what is important in determining if an actual murder has occurred prosecutors must look at the suspects state of mind. In other words, what was his intent? Obviously, the worst punishments are reserved for the worst defendants who acted intentionally and in cold blood.
Murder
In Texas, if a suspect kills someone intentionally, knowingly, in a manner clearly dangerous to human life or during the commission of a Felony, he has committed Murder. This is a Felony of the 1st Degree with a maximum punishment of 5 to 99 years in prison. If one can prove the actor was motivated by "sudden passion" the punishment range falls to that of a 2nd Degree Felony.
Capital Murder
Carries with it the harshest punishment available: the Death Penalty. A sanction reserved for the worst of crimes. The State of Texas has decided that is for the killing of a judge, police officer, fireman or prison guard. Murder for Hire or the death of a child under 10 years of age. Multiple homicides during the same criminal transaction or causing a death while committing a violent Felony like kidnapping or rape. If the State chooses not to seek the Death Penalty the punishment is Life Without Parole.
Manslaughter
This is a killing without the necessary intent to classify it as Murder. Essentially an accidental killing. Under the Code it is defined as "recklessly" causing the death of another individual. This is a Felony of the 2nd Degree.
Criminally Negligent Homicide
Criminal negligence under the Penal Code is when one ought to be aware of a substantial and unjustifiable risk to human life but one ignores that risk and acts anyway. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. Causing a death under such circumstances is a State Jail Felony.
Murder
In Texas, if a suspect kills someone intentionally, knowingly, in a manner clearly dangerous to human life or during the commission of a Felony, he has committed Murder. This is a Felony of the 1st Degree with a maximum punishment of 5 to 99 years in prison. If one can prove the actor was motivated by "sudden passion" the punishment range falls to that of a 2nd Degree Felony.
Capital Murder
Carries with it the harshest punishment available: the Death Penalty. A sanction reserved for the worst of crimes. The State of Texas has decided that is for the killing of a judge, police officer, fireman or prison guard. Murder for Hire or the death of a child under 10 years of age. Multiple homicides during the same criminal transaction or causing a death while committing a violent Felony like kidnapping or rape. If the State chooses not to seek the Death Penalty the punishment is Life Without Parole.
Manslaughter
This is a killing without the necessary intent to classify it as Murder. Essentially an accidental killing. Under the Code it is defined as "recklessly" causing the death of another individual. This is a Felony of the 2nd Degree.
Criminally Negligent Homicide
Criminal negligence under the Penal Code is when one ought to be aware of a substantial and unjustifiable risk to human life but one ignores that risk and acts anyway. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. Causing a death under such circumstances is a State Jail Felony.