Murder Laws in Texas

Texas uses 'capital murder' and 'murder' instead of degrees. Murder (intentionally or knowingly killing someone, intending serious injury and committing a clearly dangerous act that kills, felony murder, or delivering a fentanyl-type drug that kills) is a first-degree felony: 5 to 99 years or life, plus up to a $10,000 fine. If the defendant proves at sentencing that the killing happened in sudden passion from adequate cause, it drops to a second-degree felony (2 to 20 years). Capital murder (an intentional murder plus a listed factor, such as killing a police officer or firefighter, murder during kidnapping, burglary, robbery, sexual assault or arson, murder for hire, multiple murders, or a victim under 15) is a capital felony: death or life without parole for adults, or life for an offender under 18.

Texas's rule on court-appointed lawyers: An indigent person is one who is not financially able to employ counsel. An indigent defendant is entitled to appointed counsel in any adversary judicial proceeding that may result in punishment by confinement. Once a request is made and adversarial proceedings have begun, the court must appoint counsel as soon as possible, but not later than the end of the third working day after receiving the request in a county with a population under 250,000, or the end of the first working day in a county with a population of 250,000 or more. To request counsel, the defendant completes a financial questionnaire under oath and/or answers the judge's or magistrate's questions under oath, and signs a statement that he or she is without means to employ counsel of his or her own choosing. The court may consider income and its source, assets and property, outstanding obligations and necessary expenses, the number and ages of dependents, and spousal income, but may not consider whether the defendant has posted or is capable of posting bail except as it reflects those circumstances. If the judge finds the defendant has financial resources to offset the cost of legal services, the judge may order the defendant to pay, up to the actual cost of the appointed attorney. Tex. Code Crim. Proc. arts. 1.051(b)-(c), 26.04(m)-(o), 26.05(g)

Lawyers set their own fees, and Texas has rules on how they may charge. See hiring a criminal defense lawyer in Texas for fee rules, how to check a lawyer's license and free help.

How release before trial works in Texas: Prisoners are bailable by sufficient sureties unless for capital offenses when the proof is evident. Since an amendment adopted November 4, 2025, bail must be denied to a person accused of murder, capital murder, aggravated assault causing serious bodily injury or involving a firearm, club, knife or explosive, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons if the state shows after a hearing, by a preponderance of the evidence, that bail is insufficient to reasonably prevent willful nonappearance, or by clear and convincing evidence that bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim; the accused is entitled to counsel at that hearing. Other constitutional provisions allow denial of bail for repeat felony offenders and for violations of release conditions or protective orders. A magistrate must make an individualized bail decision without unnecessary delay and not later than 48 hours after arrest, choosing a personal bond, a surety or cash bond, or denial of bail as permitted by law, and must impose the least restrictive conditions necessary. The amount and conditions of bail must be sufficient to give reasonable assurance of appearance but may not be used as an instrument of oppression; the magistrate considers the nature and circumstances of the offense (including violence), the defendant's ability to make bail, the future safety of the victim, law enforcement and the community, criminal history, and citizenship status. Bail schedules or standing orders inconsistent with these rules are not allowed, and a defendant charged with a Class B misdemeanor or higher who cannot post scheduled bail may file a sworn affidavit of financial inability. A public safety report must be ordered for Class B misdemeanors and higher. If the state is not ready for trial, a detained defendant must be released on personal bond or reduced bail after 90 days (felony), 30 days (misdemeanor punishable by more than 180 days), 15 days (misdemeanor punishable by 180 days or less), or 5 days (fine-only misdemeanor). Tex. Const. art. I, §§ 11, 11a, 11b, 11c, 11d; Tex. Code Crim. Proc. arts. 17.022, 17.028, 17.15, 17.151 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Texas expungement and record sealing rules.