What is Capital Murder?

What is Capital Murder in Texas?

Capital murder is the most serious criminal charge in Texas. It’s murder committed under specific aggravating circumstances, such as killing a police officer, murdering a child under 15, or killing someone during a robbery or kidnapping. A conviction carries only two possible sentences: life in prison without parole or the death penalty.

Texas Penal Code § 19.03 defines capital murder as committing murder under Section 19.02(b)(1) plus one or more aggravating factors. Unlike standard murder, which allows parole eligibility, capital murder eliminates any possibility of release.

Capital Murder vs. Murder: What’s the Difference?

The core difference comes down to two words: death penalty.

Murder in Texas is a first-degree felony punishable by 5 to 99 years or life in prison. Defendants convicted of murder become eligible for parole. Capital murder eliminates parole entirely and introduces the possibility of execution.

Element	Murder	Capital Murder
Definition	Intentionally or knowingly causing death, or causing death through dangerous conduct intended to cause serious bodily injury	Murder plus specific aggravating circumstances under Penal Code § 19.03
Felony Level	First-degree felony	Capital felony
Prison Sentence	5 to 99 years or life	Life without parole or death
Parole Eligible	Yes	No
Fine	Up to $10,000	None specified
Death Penalty	No	Yes, if state seeks it

Why Trust Varghese Summersett on Capital Cases?

Capital murder defense requires attorneys who understand what’s at stake. Benson Varghese, Anna Summersett, Letty Martinez, and Tanya Dohoney are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 10% of Texas attorneys. Our team has defended clients in capital cases across Dallas, Fort Worth, Houston, and throughout Texas.

What Makes Murder a Capital Offense in Texas?

Under Texas Penal Code § 19.03(a), murder becomes capital murder when any of these aggravating factors exist:

Victim-Based Factors:

• The victim is a peace officer or firefighter acting in the line of duty, and the defendant knew their status
• The victim is under 10 years old
• The victim is 10 years old but younger than 15 (added by Lauren’s Law in 2019)
• The victim is a judge or justice killed in retaliation for their service
• The victim is a correctional employee killed by an incarcerated person

Circumstance-Based Factors:

• The murder occurs during the commission or attempted commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat
• The defendant murders for payment or promise of payment (applies to both the killer and the person who hired them)
• The murder occurs during an escape or attempted escape from a penal institution
• The defendant kills more than one person in the same criminal transaction or under a common scheme

Incarceration-Based Factors:

• An incarcerated person commits murder in conjunction with organized criminal activity
• A person serving time for murder, capital murder, aggravated kidnapping, aggravated sexual assault, or aggravated robbery commits another murder

What Crimes Can Receive the Death Penalty in Texas?

Texas is one of 27 states that authorize capital punishment. The death penalty is only available for capital murder convictions. The district attorney decides whether to seek death, and only a jury can impose it.

Death-eligible offenses under Texas law include:

1. Murder of a peace officer or firefighter in the line of duty
2. Murder during kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat
3. Murder for hire (both the killer and the person who pays)
4. Murder while escaping or attempting to escape from prison
5. Murder of a correctional employee by an inmate
6. Murder while serving life or 99 years for aggravated kidnapping, aggravated sexual assault, or aggravated robbery
7. Murder of more than one person
8. Murder of a child under 10
9. Murder of a child aged 10 to 14 (Lauren’s Law)
10. Murder of a judge in retaliation for their service

Important exception: Under Lauren’s Law (Senate Bill 719, 86th Texas Legislature), prosecutors cannot seek the death penalty solely based on the murder of a child aged 10 to 14. These cases carry mandatory life without parole.

What is Lauren’s Law?

Lauren’s Law, enacted in 2019, expanded capital murder to include victims aged 10 to 14. Before this amendment, only murders of children under 10 qualified as capital offenses.

The law added subsection (9) to Texas Penal Code § 19.03, making it capital murder when someone commits murder under Section 19.02(b)(1) and the victim is at least 10 years old but younger than 15.

However, Lauren’s Law includes a limitation: prosecutors cannot seek the death penalty based solely on this aggravating factor. Defendants convicted under this provision face mandatory life imprisonment without parole.

What is Murder Under Texas Law?

Texas Penal Code § 19.02(b)(1) defines murder in three ways. A person commits murder when they:

• Intentionally or knowingly cause the death of another person
• Intend to cause serious bodily injury and commit an act that causes death
• Cause death during the commission or attempted commission of a felony

Standard murder is a first-degree felony carrying 5 to 99 years or life in prison, plus a potential fine up to $10,000. Parole eligibility exists after serving a portion of the sentence.

What is the Punishment for Capital Murder?

Capital murder punishment depends on whether prosecutors seek the death penalty and the defendant’s age at the time of the offense.

If the state seeks the death penalty: The jury decides between death and life imprisonment without parole. Only a jury can impose a death sentence.

If the state does not seek the death penalty:

• Defendant 18 or older at time of offense: Life without parole
• Defendant under 18 at time of offense: Life (parole eligible)

Under Texas Penal Code § 12.31, there is no possibility of probation or deferred adjudication for capital murder.

What Are the Special Issues in a Death Penalty Trial?

If a jury finds a defendant guilty of capital murder and the state sought the death penalty, the trial moves to a punishment phase. Under Texas Code of Criminal Procedure Article 37.071(2), the jury must answer two special issues:

Future Dangerousness: Is there a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society?

Mitigation: Taking into consideration all evidence, including the circumstances of the offense, the defendant’s character and background, and personal moral culpability, is there sufficient mitigating circumstance to warrant life imprisonment without parole rather than death?

For a death sentence, the jury must unanimously answer “yes” to the first question and “no” to the second. Any other combination results in life without parole.

What is Capital Murder – Terror/Fel?

You may see capital murder charges abbreviated as “Capital Murder – Terror/Fel” on court documents. This refers to murder committed during the commission or attempted commission of specific felonies: kidnapping, robbery, burglary, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat.

This is one of the most commonly charged forms of capital murder in Texas. A robbery that results in death, even if unplanned, can elevate what might otherwise be murder to a capital offense.

Can You Beat a Murder Charge in Texas?

Yes. Murder and capital murder cases can be won at multiple stages. Our attorneys have prevented case filings, defeated indictments, and secured dismissals after years of litigation.

Successful defense strategies vary by case but may include challenging the sufficiency of evidence, attacking witness credibility, presenting alibi evidence, raising self-defense, or demonstrating constitutional violations in the investigation.

Can Insanity Be Raised as a Defense to Capital Murder?

Yes, but the insanity defense rarely succeeds in Texas. Under Texas Penal Code § 8.01, a defendant must prove that at the time of the conduct, they suffered from a severe mental disease or defect and did not know their conduct was wrong.

The defendant bears the burden of proving insanity by a preponderance of the evidence. Importantly, “mental disease or defect” does not include abnormalities shown only by repeated criminal or antisocial conduct.

In federal capital cases under 18 U.S.C. § 17, the defendant must similarly prove by a preponderance of the evidence that due to severe mental disease or defect, they could not appreciate the nature, quality, or wrongfulness of their acts.

Can Capital Murder Be Charged as a Hate Crime in Texas?

Texas Government Code Chapter 411.046 defines hate crimes for reporting purposes as offenses motivated by prejudice, hatred, or advocacy of violence. However, this finding does not enhance capital murder sentencing.

Under Texas Code of Criminal Procedure Article 42.014, sentencing enhancements for bias-motivated crimes apply only to arson, graffiti, and criminal mischief. Capital murder already carries the maximum possible punishment.

Federal hate crime charges under 18 U.S.C. § 249 may apply when murder is committed because of the victim’s actual or perceived race, color, religion, or national origin. Federal first-degree murder under 18 U.S.C. § 1111 can carry the death penalty. The Attorney General decides whether to seek death in federal cases.

Can Murder Be Reduced to a Second-Degree Felony?

Under limited circumstances, yes. Texas Penal Code § 19.02(d) allows a defendant found guilty of murder to prove “sudden passion” arising from adequate cause. If successful, the offense becomes a second-degree felony punishable by 2 to 20 years in prison plus up to a $10,000 fine.

The defendant must prove by a preponderance of the evidence that:

• They acted under the immediate influence of sudden passion
• The passion arose from adequate cause (provocation that would cause an ordinary person to react similarly)
• There was no time to cool down between provocation and the killing
• They did not, in fact, cool down

This defense does not apply to capital murder. The aggravating circumstances that elevate murder to capital murder make sudden passion reduction unavailable.

Facing Capital Murder Charges? Contact Varghese Summersett Today.

Capital murder is the most serious charge in Texas. The stakes are absolute: your life or your freedom forever. You need attorneys who have handled capital cases, understand the unique procedures, and will fight at every stage.

Varghese Summersett has defended clients facing capital murder charges across Texas. Our team includes four attorneys Board Certified in Criminal Law. We have secured case dismissals, acquittals, and favorable outcomes when everything was on the line.

Call 817-203-2220 now for a free consultation. We’re available 24/7 for emergencies.

Frequently Asked Questions About Capital Murder in Texas

What is the difference between first-degree murder and capital murder in Texas?

First-degree murder (standard murder) carries 5 to 99 years or life with parole eligibility. Capital murder carries life without parole or the death penalty. Capital murder requires specific aggravating factors like killing a child under 15, killing a police officer, or committing murder during certain felonies.

Can you get the death penalty for killing more than one person in Texas?

Yes. Under Texas Penal Code § 19.03(a)(7), intentionally or knowingly killing more than one person, whether in a single criminal transaction or separate transactions under a common scheme, constitutes capital murder. The state may seek the death penalty, and only a jury can impose it.

What happens if you’re under 18 and charged with capital murder in Texas?

Defendants under 18 at the time of the offense cannot receive the death penalty. Under Texas Penal Code § 12.31, they face life imprisonment with parole eligibility rather than life without parole.

How long do you have to serve on a life sentence for capital murder in Texas?

If sentenced to life without parole, there is no release. The defendant will die in prison. If the death penalty was not sought and the defendant was under 18 at the time of the offense, parole eligibility exists, but the specific timeline depends on credit calculations and parole board decisions.

Can capital murder charges be reduced in Texas?

Prosecutors may agree to reduce charges through plea negotiations, or a jury may find insufficient evidence of aggravating factors and convict on lesser included offenses. An experienced defense attorney can identify weaknesses that make reduction possible.