Murder vs. Manslaughter: Understanding Texas Homicide Laws

 Posted on June 02, 2025 in Criminal Defense

When someone is killed in Texas, the law doesn't treat every case the same. The circumstances surrounding the death matter-a lot. That's why Texas law breaks down homicide into different categories, with the most common being murder and manslaughter.

While both are serious felony charges, the difference between them can be the deciding factor between life in prison or a reduced sentence. Let's break down what you need to know.

What Is Considered Homicide in Texas?

Under the Texas Penal Code, "homicide" simply means the killing of one person by another. But not all homicides are treated equally in the eyes of the law. There are four types:

• Murder
• Capital Murder
• Manslaughter
• Criminally Negligent Homicide

In this post, we'll focus on the key differences between murder and manslaughter.

Murder in Texas

Legal Definition (Texas Penal Code § 19.02)

A person can be charged with murder if they:

• Intentionally or knowingly cause the death of another person;
• Intend to cause serious bodily injury, and the act causes death;
• Cause death while committing (or trying to commit) a felony, under what's called the felony murder rule.

Penalties for Murder

• First-degree felony
  • • 5 to 99 years or life in prison
    • Up to a $10,000 fine
• Second-degree felony (If the defendant acted under "sudden passion" (such as in the heat of the moment))
  • • 2 to 20 years in prison
    • Up to a $10,000 fine

Manslaughter in Texas

Legal Definition (Texas Penal Code § 19.04)

A person commits manslaughter when they recklessly cause the death of another. There's no intent to kill-rather reckless behavior that led to someone's death.

Penalties for Manslaughter

• Second-degree felony
  • • 2 to 20 years in prison
    • Up to a $10,000 fine

Murder vs. Manslaughter: What's the Difference?

Why the Distinction Matters

The line between murder and manslaughter can be blurry-and the stakes couldn't be higher. Prosecutors consider:

• The accused's mental state
• Any provocation or sudden passion
• Whether the act was part of another felony
• The evidence presented

Your defense attorney's job is to highlight these nuances and fight for the most favorable outcome.

Facing Homicide Charges in Texas? We Can Help.

If you or a loved one has been accused of murder or manslaughter in Texas, every second counts. The criminal justice system is complex, and these cases are often emotionally charged. You need a skilled defense team that knows how to navigate the legal system and protect your rights.

Contact Barbieri Law Firm today to schedule a confidential consultation. We fight aggressively, defend strategically, and stand beside you every step of the way.