A homicide occurs if a person intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. However, it does not necessarily mean murder. In Texas, you can commit a homicide even if you have no intention of harming someone else. Some accidents are still considered a homicide. Depending on the facts of your case the punishment for a homicide range from the death penalty to probation.
In Texas, a murder is defined in section 19.02 of the Texas Penal Code. Murder can occur in three ways:
The range of punishment is extreme because not all murder cases are equally as egregious. There is no possibility of probation on a murder charge. The first instance is rather straight forward. Bob wants to kill Dan, so he shoots and kills him with a gun. That is murder.
The second way murder could occur is if Bob wanted to really hurt Dan but only cause him serious bodily injury. So Bob shoots Dan in the stomach hoping to hurt him but not necessarily kill him. If Dan dies from the injury that would still be considered murder.
Finally, the third example of how someone can be charged with murder is if Bob was driving in a stolen car. The police try to arrest Bob but he drives away refusing to stop. He is committing the felony of evading arrest in a motor vehicle. If Bob were to accidentally run into Dan and kill him while he was trying to escape he has still committed murder. Someone charged with murder is facing up to five years or life in prison.
Capital murder is the most serious category of homicide and the punishment could result in the death penalty. Typically, a capital murder is committed in one of the following ways: