Welcome to the Law Office of Bryan Fagan, where we offer expert legal counsel and representation for Homicide cases in accordance with the Texas Penal Code, Title 5 Chapter 19 Sec.A19.01.AA. Criminal Homicide is legally defined as:
(a) A person commits criminal homicide if they intentionally, knowingly, recklessly or with criminal negligence cause the death of an individual.
(b)AA Criminal homicide encompasses murder, capital murder, manslaughter or criminally negligent homicide.
Exploring Different Types of Homicide
Murder occurs when a person:
- Intentionally or knowingly causes the death of an individual;
- Intends to cause serious bodily injury and commits an act clearly dangerous to human life that results in death;
- Commits or attempts to commit a felony (other than manslaughter) and during or after the act, commits an act clearly dangerous to human life that causes death.
Title 5 Chapter 19 Sec.19.03 defines Capital Murder as:
- The person murders a peace officer or fireman while they are performing official duties, and the person knows their identity.
- The person intentionally commits the murder while engaging in or attempting to commit serious felonies such as kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.
- The person commits the murder for payment or the promise of payment, or hires someone else to commit the murder for such remuneration.
- The person commits the murder while escaping or attempting to escape from a penal institution.
While incarcerated in a penal institution, the person murders:
- An employee working at the penal institution, or
- Another inmate with the intent to establish, maintain, or participate in a criminal alliance or profit from one.
- The person commits murder while serving a sentence for specific offenses under Section 20.04, 22.021, or 29.03, or for a previous Capital Murder.
The person murders more than one person:
- During the same criminal transaction, or
- During different criminal transactions but as part of the same scheme or course of conduct.
- The person murders an individual under 10 years of age.
- The person murders an individual aged 10 or older but younger than 15 years of age.
- The person murders another person in retaliation for, or due to the status of the other person as a judge or justice in various courts.
(b) Capital Murder is a capital felony, carrying the most severe penalties.
(c) If there's reasonable doubt regarding Capital Murder, the defendant may be convicted of murder or a lesser included offense.
Sec. 19.04 defines Manslaughter as:
(a) A person recklessly causes the death of an individual.
(b) Manslaughter is a second-degree felony.
CRIMINALLY NEGLIGENT HOMICIDE
(a) A person commits criminally negligent homicide if they cause the death of an individual due to criminal negligence.
(b) Criminally negligent homicide is a state jail felony.
Contact Us for Expert Defense Representation
At the Law Office of Bryan Fagan, our experienced team is here to help you navigate your Homicide defense case. We strive to achieve the best possible outcome for your situation. To get started today, please call our office at: 281-810-9760.