Texas does not have a specific “attempted murder” statute. Instead, these charges typically involve prosecutors alleging a criminal attempt of first-degree or second-degree murder. Whether the prosecution charges first-degree or second-degree murder depends on the unique circumstances and the intent of the perpetrator.
A lawyer consultation with a Texas lawyer would help a person understand attempted murder laws in Texas.
Under the Texas penal code, a person commits an attempted crime if, with the intent to commit a certain criminal offense, they take actions towards committing the crime. Simply taking actions that amount to nothing more than preparing to commit the crime is not enough to qualify as an attempt.
There are degrees of murder in Texas, defined by that state’s Penal Code as follows:
- First-degree Murder: In Texas, first-degree murder is also referred to as “capital murder” because a person convicted of first-degree murder may be punished by imposition of the death penalty. Capital murder involves 3 possible crimes:
- Intentionally and knowingly causing the death of another human being
- Intending to cause the death of another human being in the course of perpetrating another felony criminal offense
- Murdering a police officer or firefighter.
- Second-degree Murder: The perpetrator of second-degree murder means to cause serious bodily injury to their victim. Or, they may commit an act that clearly creates a threat to human life and, in fact, causes death to another person. However, they do not have the intent to kill.
Importantly, an attempted first-degree murder charge requires that the perpetrator took a certain step beyond preparation to commit the crime while specifically intending to willfully and knowingly cause the death of another person.
Attempted second-degree murder involves meaning to seriously injure another person or engaging in dangerous acts that lead to an unintended death.
What Is Attempted Homicide? Is It the Same as Attempted Murder?
By definition, homicide is committing an act that causes the death of another human being. In order for a killing to qualify as homicide, the fatal act may have been done intentionally. Or, a homicide may have been the result of some omission, or failure, to act. In addition, a homicide may be the result of an action that is accidental or reckless and involves no intention to cause harm at all. A homicide is not a criminal offense in all situations.
A homicide may qualify as one of a number of different crimes, depending on the circumstances surrounding the fatal act and the resulting death. A homicide may qualify as murder, manslaughter, justifiable homicide, or other types of fatality defined by state and federal law, e.g., killing in war, which may be either completely lawful or a war crime.
What Must the Prosecution Prove for Attempted Murder in Texas?
To win a conviction for attempted murder in Texas, the prosecution must prove beyond a reasonable doubt that the defendant took concrete steps aimed at killing someone with the specific intent to do so, even though they ultimately failed. This means proving the following 4 elements of the crime:
- Criminal Intent: The defendant willfully meant to cause the death of another human being. They did not mean to engage in some kind of reckless or negligent behavior.
- Specific Act: The defendant took some action that went beyond simply preparing to kill another person or inflict serious bodily injury on their victim.
- Causation: The defendant’s actions led to consequences that demonstrate an attempt to kill, even if a homicide did not take place.
- Lack of Completion: While the defendant meant to murder another human being and took action that shows their intent, they did not in fact cause the victim’s death.
Are There Different Degrees of Attempted Murder in Texas?
Attempted murder is a second-degree felony in Texas. Depending on the circumstances of the crime, e.g., the victim is a law enforcement officer, the crime might be a first-degree felony.
In Texas, How Many Years Can You Get for Attempted Murder?
As has been noted, attempted murder is a second-degree felony criminal offense in Texas. The possible punishment is as follows:
- Imprisonment in a Texas state prison for 2 to 20 years
- Payment of a fine of as much as $10,000.
The sentence may be more severe, or enhanced, if there are so-called aggravating factors. Aggravating factors would be such things as the use of a deadly weapon, e.g., a firearm, a knife, or explosives. Or, if the defendant has been convicted of a violent crime, or crimes, previously, their sentence may be enhanced.
In addition, if the victim was a law enforcement officer, emergency responder, or a member of some other protected class, the punishment for attempted murder may be enhanced.
In fact, if the victim is a peace officer or other similarly protected individual, the term of imprisonment imposed may be from 5 to 99 years or even life imprisonment. In that case, the crime is a first-degree felony.
What Are the Defenses to a Charge of Attempted Murder?
Some of the possible legal defenses to a charge of attempted murder that a person may claim are as follows:
- No Intent to Kill: If the prosecution cannot prove beyond a reasonable doubt that a perpetrator meant to commit a homicide, then they may have to reduce the charge to a less serious criminal offense, e.g., attempted assault.
- No Direct Action Taken: Another defense is to show that the person charged did not actually take any action aimed at killing another person, action that would constitute the attempted murder. The person may have thought, planned or prepared, but did not act.
- Self-defense: A person charged with attempted murder can claim that they acted in self-defense. If they acted as they did because they entertained their own reasonable fear of suffering harm. In addition, they must have used force that was proportional to that with which they were threatened.
- Suppression of Evidence: Evidence that law enforcement has acquired through searches and seizures made in violation of the 4th Amendment of the U.S. Constitution can be suppressed, i.e., not allowed to be shown to the jury. Or, if evidence was acquired through interrogations that the police should not have conducted because they violated the right to remain silent, they too can be suppressed.
- Reasonable Doubt: A defendant can always defeat conviction of a criminal offense by creating reasonable doubt in the jurors so they do not vote to convict them.
- Plea Bargain: A defendant may be able to convince the prosecutor to reduce the charge to a less serious offense or even to dismiss it through a plea bargain.
Can You Remove Attempted Murder Charges from Your Criminal Record in Texas?
There are two options in Texas. A person can have their criminal record expunged, or cleared, of certain information about their criminal history. The other option is to have their criminal record sealed by a nondisclosure order issued by a Texas court. The Texas Department of Public Safety handles expungement, referred to as “expunction” in Texas, as well as nondisclosure and the sealing of juvenile records.
Under the Texas law of expungement, a court weighs various factors when deciding whether to expunge the record of a criminal arrest or conviction. The factors that seem to have the most weight in court decisions regarding expungement are as follows:
- The criminal charge was dismissed without the defendant having to serve time on probation.
- The defendant was found not guilty at a trial.
- The criminal charge was dismissed by deferred disposition.
- The charge was dismissed after pretrial diversion or a specialty court program.
- The arrest did not result in a criminal charge and the statute of limitations has expired, which means that no further action is allowed.
- The defendant was convicted and then pardoned by the governor.
- The defendant was found guilty at a trial, but later acquitted by a court on appeal of the conviction.
If any of the above are true, a court is likely to grant expungement. So, certain records of arrest and even conviction of attempted murder may be expunged under certain circumstances.
Do I Need a Texas Lawyer if I Am Charged With Attempted Murder?
If you have been charged with attempted murder, you are dealing with a serious criminal offense. You definitely want to talk to a Texas criminal defense lawyer as soon as possible. Their lawyer can represent you and help you in many ways. They can discover what evidence the prosecution has, figure out if any of it can be suppressed and work out defenses.
In addition, your lawyer can possibly negotiate a favorable plea agreement with the prosecutor. You are most likely to beat a criminal charge with the professional assistance of a Texas criminal defense lawyer. You need a lawyer at every step of the process, so you should not delay in contacting one through LegalMatch.com.
