Understanding Murder in Fort Worth, Texas

Murder is one of several homicide crimes classifications in Fort Worth, Texas. It is a criminal offense that occurs when an individual takes the life of another. Murder is violent and premeditated. It can also result from other related unlawful actions, such as causing a person’s death while committing a different crime, killing a person as retribution, or due to negligence.

Because it is a crime that endangers human life, it is punished more harshly than other offenses in the criminal justice system. Murder accusations in Fort Worth entail harsh punishments ranging from lengthy prison sentences, substantial fines, and death, depending on the seriousness of the offense and the circumstances surrounding the incident.

The Fort Worth Police Department and other local law enforcement agencies compile annual crime statistics under the FBI's Uniform Crime Reporting (UCR) Program. The agencies recorded 69 murder cases in 2019, significantly increasing from the 58 reported in 2018. 

What is First-Degree Murder in Fort Worth?

In Fort Worth, first-degree murder is a criminal offense that constitutes the intentional and premeditated killing of another individual. To convict a person of first-degree murder, the prosecution must prove the presence of the following elements beyond a reasonable doubt:

• The accused intentionally caused the death of another person
• The accused planned to inflict serious physical injury and committed an act that was hazardous to human life, causing the death of an individual.
• The accused committed or intended a felony (other than manslaughter) that is dangerous to humans and results in the death of another individual.

While first-degree murder is the most serious offense, capital murder is a variation of first-degree murder that carries a minimum sentence of life in prison, with or without parole, depending on the defendant's age.

If specific circumstances are satisfied, any first-degree murder charge can be elevated to capital murder. In addition to the elements mentioned above, one of the following must be present for the charge to be classified as capital murder in Fort Worth:

• The victim is a law enforcer or firefighter who was acting in the course of their lawful duty when the crime occurred
• The defendant intentionally murders the victim while perpetrating or attempting to commit kidnapping, assault, or sexual assault.
• The defendant was hired to commit murder or paid someone else to commit the crime; in this situation, both parties might face capital murder charges.
• The defendant commits the offense while attempting to flee a correctional institution.
• The defendant murders another person while being incarcerated
• The defendant murders many people
• The victim is a child of six years of age or younger
• The victim is a judge or justice that was murdered as retaliation for their service.

Overall, first-degree murder carries a severe penalty in the city of Fort Worth. Because Texas is a state that allows the death penalty, it is possible to be sentenced to death if convicted of this crime. Thus, the punishment for committing capital murder in this jurisdiction is either execution or life in prison without the possibility of parole. It is worth noting that 17 years is the minimum age to obtain the death penalty in this jurisdiction.

What is Second-Degree Murder in Fort Worth?

Second-degree murder in Fort Worth is described as an impulsive action that leads to another person's death. The crime is charged when the offender commits murder but does not plan it ahead of time. This implies that it was not a planned or premeditated act.

While this crime may appear similar to first-degree murder, the primary contrast between the two homicide charges is the premeditation that occurs before the murder, rather than the actual intent to murder itself. As such, premeditation is required for a first-degree murder conviction but not for a second-degree murder conviction.

Second-degree murder is a first-degree felony in this jurisdiction. The charge will result in a prison term ranging from 5 to 99 years, or a maximum fine of $10,000, or both. If the court determines that the defendant acted in the heat of passion, the charge may be reduced to a second-degree felony. The heat of passion includes acting in fear, terror, or other intense emotion. A second-degree felony is punishable by 2 to 20 years in prison and a fine of no more than $10,000.

What is Third-Degree Murder in Fort Worth?

In general, a person can be charged with third-degree murder if they inadvertently cause the death of another person while engaging in a dangerous activity. However, Fort Worth has no classification of murder in the third degree.

What is Manslaughter in Fort Worth?

A person is charged with manslaughter if they recklessly or carelessly cause the death of another person. In this scenario, a person behaves recklessly when they are aware of the significant risk of their action or its consequences poses to human life.

Although many states have two types of manslaughter charges (voluntary and involuntary), Texas does not distinguish between the two. Instead, these charges are merged into one with stiffer penalties for certain aggravating elements. Manslaughter is a second-degree felony. This suggests that a prison sentence ranging from 2 to 20 years might be enforced on conviction.

What is Vehicular Manslaughter?

The crime of vehicular manslaughter is a criminal offense constituting the death of someone other than the driver due to the negligent or dangerous operation of a vehicle. For instance, drivers know that speeding or driving while distracted is dangerous. The motorist may be prosecuted with vehicular manslaughter if these acts pose a substantial and unjustified risk to others, resulting in the death of the victim.

 A driver may still be charged with manslaughter if the injuries sustained in the vehicle accident directly cause the death of another person, even if it occurs weeks or months after the incident.

The crime of vehicular manslaughter is classified as a second-degree felony. Convicted offenders could face a sentence of up to 20 years in prison and monetary penalties of up to $10,000.

If the motorist was under the influence of a controlled substance at the time of the accident, the applicable charge is intoxication manslaughter. This charge is reserved for situations in which someone’s death is caused by a driver impaired by drugs or alcohol. 

It is vital to highlight that this criminal charge is specific to Texas and does not apply only to automobile accidents. If a fatality occurs while operating one of the following devices while intoxicated, the operator may face intoxication manslaughter charges:

• A car or motor vehicle
• An aircraft
• A watercraft.

What is Voluntary Manslaughter? 

Voluntary manslaughter under Texas Laws is just manslaughter. This criminal act involves deliberately taking human life as a result of an unexpected provocation. While murder requires some premeditation, voluntary manslaughter does not.

For this reason, before a crime may be prosecuted as voluntary manslaughter, the provocation that prompted the attack must be severe enough that it might lead a rational individual to lose their logical state of mind. Voluntary manslaughter is a second-degree felony punishable by a prison term of 2 to 20 years and a fine of $10,000.

What is Involuntary Manslaughter?

Typically, involuntary manslaughter is the outcome of an unintended action that ends in the death of another. Criminally negligent homicide is the most similar offense in classification to this crime under Texas law.

In addition to capital murder, murder, and manslaughter, criminally negligent homicide is one of the four types of homicide recognized under state law. It occurs when someone acts with criminal negligence and causes the death of another. According to section 6.03(d) of the Texas Penal Code, criminal negligence is defined as failing to recognize that one's actions might place another's life in a considerable and unjustified risk of death.

Simply put, if someone accidentally causes the death of another person by acting recklessly while neglecting apparent hazards, the individual may be charged with criminally negligent homicide. This crime is a state jail felony. It is punishable by a prison term ranging from 180 days to two years. 

What Type of Lawyer do I Need for a Murder Charge in Fort Worth?

A defendant in a murder case may contact a skilled criminal defense attorney to navigate the complexities associated with a murder trial and develop a compelling defense(s). 

Examples of possible defenses to murder charges:

• Mistaken identity. This defense contends that the defendant was wrongfully accused, prosecuted, and tried for a crime that they did not commit. To present this defense, the attorney would most likely attempt to establish an ironclad alibi or cast reasonable doubt on the prosecution's evidence that places the defendant at the crime scene.
• Self-defense and defense of others. The defendant must demonstrate that the killing was committed in response to a credible fear of death or bodily harm to them or others. In this circumstance, the defendant cannot be held responsible for instigating the situation, and the amount of force used must be reasonable to the perceived threat. Furthermore, the defendant's response to the threat cannot occur after the threat of death or bodily harm has gone.
• Lack of intent. The intent to kill, or lack thereof, can determine whether an offender is charged with murder, manslaughter, or criminally negligent homicide. The punishments for each charge vary significantly, and some are less severe than others. As a result, this defense attorney might try to reduce the charge and its accompanying sanctions. If the defendant did not mean to kill, the attorney must demonstrate that the victim died due to carelessness or negligence rather than the defendant's intent to kill.