Tarrant Texas Jury Instruction - First Degree Murder - Felony Murder
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FAQ
231 (1) Murder is first degree murder or second degree murder. (2) Murder is first degree murder when it is planned and deliberate.
In Texas, there are four types of criminal homicide: 1) murder, 2) capital murder, 3) manslaughter, and 4) criminally negligent homicide.
From a legal standpoint, felony murder is no treated no differently than murder, It is a first-degree felony under the Texas Penal Code. This carries a minimum prison sentence of 5 years and the possibility of life in prison.
The main differences are the severity of the crime itself and the severity of the punishment received. First-degree murders are the most serious and punished accordingly, involving premeditated murder and intentional murder. Second-degree murders are the next step down but still involve intent to harm or to kill.
Section 12.31 defines capital murder as a capital felony offense. If convicted of a capital felony, the options for punishment are life in prison or the death penalty. The minimum age in Texas that a person can receive the death penalty is seventeen years of age or older.
Capital Murder is the most serious crime in the state of Texas. It is the state's only offense punishable by death. The state will charge you with Capital Murder if the prosecuting attorneys believe you murdered someone under one of the circumstances that is described by the Capital Murder statute.
In Texas, first degree murder (or capital murder), carries a very serious and very heavy penalty. Since Texas is a state that allows capital punishment, it is possible to receive a death penalty sentence.
First degree murder punishes premeditated killings, the killing of especially vulnerable people (such as children), and unintended killings done while intentionally committing another serious felony. This last kind of first degree murder is called felony murder. Most people equate premeditation with long term planning.
Murder is punishable as a first degree felony2, with a penalty range from 5 to 99 years or life in prison.