Homicide

Homicide cases actually involve different types of charges. Whether it be Capital Murder, Murders, or a type of Manslaughter, these are all generally regarded as Homicide cases. It certainly goes without saying that facing such a criminal charge is an extremely serious matter. The consequences of a conviction for such a crime could potentially be life in prison, or worse yet, the death penalty.

There are perhaps no more serious charges a person could face, especially in Texas. Often the defense of a homicide charge is a zero-sum game; there is simply no room for error. That is why it is extremely important to choose the right attorney to defend you in such a case. Remember the old adage, “You get what you pay for.” There will likely be no time in your life where this is more true than in choosing a criminal defense attorney to defend you from murder charges.

As with any criminal case, there is no right or wrong way to defend a homicide charge. Every case, every defendant and every victim is different. The only constant is a person is dead, and the Government is trying to blame someone for that death. If that person is you, you will have the considerable might of the Government bearing down upon you. You need an attorney that handle the pressure.

The defense of a murder or manslaughter charge can be an extremely complicated endeavor. It takes not only skill, but also a degree of perseverance and dedication to see the case through to the end. A murder trial is not the place for the weak of heart, or someone lacking in experience.

Depending on the fact of the case, a person could be charged with anything from Capital Murder which carries the potential of a death sentence Criminally Negligent Homicide conviction with as little as six months in a State Jail Facility.

State Homicide statutes are found in Chapter 19 of the Texas Penal Code.

§ 19.01. TYPES OF CRIMINAL HOMICIDE.

(a) A person commits criminal homicide if he intentionally, knowingly,

recklessly, or with criminal negligence causes the death of an individual.

(b) Criminal homicide is murder, capital murder,

manslaughter, or criminally negligent homicide.

§ 19.02. MURDER.

(a) In this section:

(1) "Adequate cause" means cause that would commonly

produce a degree of anger, rage, resentment, or terror in a person

of ordinary temper, sufficient to render the mind incapable of cool

reflection.

(2) "Sudden passion" means passion directly caused by

and arising out of provocation by the individual killed or another

acting with the person killed which passion arises at the time of

the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an

individual;

(2) intends to cause serious bodily injury and commits

an act clearly dangerous to human life that causes the death of an

individual; or

(3) commits or attempts to commit a felony, other than

manslaughter, and in the course of and in furtherance of the

commission or attempt, or in immediate flight from the commission

or attempt, he commits or attempts to commit an act clearly

dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under

this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may

raise the issue as to whether he caused the death under the

immediate influence of sudden passion arising from an adequate

cause. If the defendant proves the issue in the affirmative by a

preponderance of the evidence, the offense is a felony of the second

degree.

§ 19.03. CAPITAL MURDER.

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1), and:

(1) the person murders a peace officer or fireman who

is acting in the lawful discharge of an official duty and who the

person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the

course of committing or attempting to commit kidnapping, burglary,

robbery, aggravated sexual assault, arson, obstruction or

retaliation, or terroristic threat under Section 22.07(a)(1), (3),

(4), (5), or (6);

(3) the person commits the murder for remuneration or

the promise of remuneration or employs another to commit the murder

for remuneration or the promise of remuneration;

(4) the person commits the murder while escaping or

attempting to escape from a penal institution;

(5) the person, while incarcerated in a penal

institution, murders another:

(A) who is employed in the operation of the penal institution; or

(B) with the intent to establish, maintain, or

participate in a combination or in the profits of a combination;

(6) the person:

(A) while incarcerated for an offense under this

section or Section 19.02, murders another; or

(B) while serving a sentence of life imprisonment

or a term of 99 years for an offense under Section 20.04, 22.021, or

29.03, murders another;

(7) the person murders more than one person:

(A) during the same criminal transaction; or

(B) during different criminal transactions but

the murders are committed pursuant to the same scheme or course of

conduct;

(8) the person murders an individual under six years of age; or

(9) the person murders another person in retaliation

for or on account of the service or status of the other person as a

judge or justice of the supreme court, the court of criminal

appeals, a court of appeals, a district court, a criminal district

court, a constitutional county court, a statutory county court, a

justice court, or a municipal court.

(b) An offense under this section is a capital felony.

(c) If the jury or, when authorized by law, the judge does

not find beyond a reasonable doubt that the defendant is guilty of

an offense under this section, he may be convicted of murder or of

any other lesser included offense.

§ 19.04. MANSLAUGHTER.

(a) A person commits an offense

if he recklessly causes the death of an individual.

(b) An offense under this section is a felony of the second degree.

§ 19.05. CRIMINALLY NEGLIGENT HOMICIDE.

(a) A person commits an offense if he causes the death of an individual by

criminal negligence.

(b) An offense under this section is a state jail felony.

§ 19.06. APPLICABILITY TO CERTAIN CONDUCT.

This chapter does not apply to the death of an unborn child if the conduct

charged is:

(1) conduct committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a

physician or other licensed health care provider with the requisite

consent, if the death of the unborn child was the intended result of

the procedure;

(3) a lawful medical procedure performed by a

physician or other licensed health care provider with the requisite

consent as part of an assisted reproduction as defined by Section

160.102, Family Code; or

(4) the dispensation of a drug in accordance with law

or administration of a drug prescribed in accordance with law.

Just as the State of Texas has criminal statutes dealing with Homicide charges, so too does the Federal Government. With the mandatory minimum sentencing structure of the Federal Courts, such charges can present particularly difficult situations for someone charged in Federal Courts with a Homicide charge.

Although the United States Attorney’s offices typically leave Homicide cases to the State to prosecute, the Federal Government likewise has statutes dealing with homicide.

FEDERAL LAW

18 U.S.C. § 1111. MURDER

(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

Any other murder is murder in the second degree.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;

Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

(c) For purposes of this section—

(1) the term “assault” has the same meaning as given that term in section 113;

(2) the term “child” means a person who has not attained the age of 18 years and is—

(A) under the perpetrator’s care or control; or

(B) at least six years younger than the perpetrator;

(3) the term “child abuse” means intentionally or knowingly causing death or serious bodily injury to a child;

(4) the term “pattern or practice of assault or torture” means assault or torture engaged in on at least two occasions;

(5)the term “serious bodily injury” has the meaning set forth in section 1365; an
(6)the term “torture” means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340 (1).

18 U.S.C. § 1112. MANSLAUGHTER

(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

Voluntary—Upon a sudden quarrel or heat of passion.

Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than ten years, or both;

Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than six years, or both.

18 U.S.C. § 1113. ATTEMPT TO COMMIT MURDER OR MANSLAUGHTER

Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

18 U.S.C. § 1114. PROTECTION OF OFFICERS AND EMPLOYEES OF UNITED STATES

Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished—

(1) in the case of murder, as provided under section 1111;

(2) in the case of manslaughter, as provided under section 1112; or

(3)in the case of attempted murder or manslaughter, as provided in section 1113.

18 U.S.C. § 1115. MISCONDUCT OR NEGLECT OF SHIP OFFICERS

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

18 U.S.C. § 1116. MURDER OR MANSLAUGHTER OF FOREIGN OFFICIALS, OFFICIAL GUESTS, OR INTERNATIONALLY PROTECTED PERSONS

(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title.

(b) For the purposes of this section:

(1) “Family” includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.

(2) “Foreign government” means the government of a foreign country, irrespective of recognition by the United States.

(3) “Foreign official” means—

(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and

(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

(4) “Internationally protected person” means—

(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or

(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

(5) “International organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.

(6) “Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

(7) “National of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)).

(c) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if

(1) the victim is a representative, officer, employee, or agent of the United States,

(2) an offender is a national of the United States, or

(3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501 (2) of title 49.

(d)In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

18 U.S.C. § 1117. CONSPIRACY TO MURDER

If two or more persons conspire to violate section 1111, 1114, 1116, or 1119 of this title, and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.

18 U.S.C. § 1118. MURDER BY A FEDERAL PRISONER

(a) Offense.— A person who, while confined in a Federal correctional institution under a sentence for a term of life imprisonment, commits the murder of another shall be punished by death or by life imprisonment.

(b) Definitions.— In this section—

“Federal correctional institution” means any Federal prison, Federal correctional facility, Federal community program center, or Federal halfway house.

“murder” means a first degree or second degree murder (as defined in section 1111).

“term of life imprisonment” means a sentence for the term of natural life, a sentence commuted to natural life, an indeterminate term of a minimum of at least fifteen years and a maximum of life, or an unexecuted sentence of death.

18 U.S.C. § 1119. FOREIGN MURDER OF UNITED STATES NATIONAL

(a) Definition.— In this section, “national of the United States” has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)).

(b) Offense.— A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113.

(c) Limitations on Prosecution.—

(1) No prosecution may be instituted against any person under this section except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.

(2)No prosecution shall be approved under this section unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person’s return. A determination by the Attorney General under this paragraph is not subject to judicial review.

18 U.S.C. § 1120. MURDER BY ESCAPED PRISONERS

(a) Definition.— In this section, “Federal correctional institution” and “term of life imprisonment” have the meanings stated in section 1118.

(b)Offense and Penalty.— A person, having escaped from a Federal correctional institution where the person was confined under a sentence for a term of life imprisonment, kills another shall be punished as provided in sections 1111 and 1112.

18 U.S.C. § 1121. Killing persons aiding Federal investigations or State correctional officers

(a) Whoever intentionally kills—

(1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation—

(A) while the victim is engaged in the performance of official duties;

(B) because of the performance of the victim’s official duties; or

(C) because of the victim’s status as a public servant; or

(2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it,

shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life.

(b)

(1) Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcerated, intentionally kills any State correctional officer engaged in, or on account of the performance of such officer’s official duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sentenced to life imprisonment or death.

(2) As used in this section, the term, “State correctional officer” includes any officer or employee of any prison, jail, or other detention facility, operated by, or under contract to, either a State or local governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals.

(3) The circumstance referred to in paragraph (1) is that—

(A) the correctional officer is engaged in transporting the incarcerated person interstate; or

(B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.

(c) For the purposes of this section, the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

18 U.S.C. § 1122. PROTECTION AGAINST THE HUMAN IMMUNODEFICIENCY VIRUS

(a) In General.— Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing, shall be fined or imprisoned in accordance with subsection (c).

(b) Transmission Not Required.— Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.

(c)Penalty.— Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.

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