Your Questions, Answered by Dallas Criminal Defense Attorneys
Criminal charges are often described using TV and movie language, but Texas law doesn’t always work the way people expect. Terms like “first-degree murder” and “second-degree murder” get thrown around constantly in news reports, shows, and even courtrooms in other states. In Texas, however, the system is different—and that difference matters greatly if someone’s freedom is on the line.
The goal of our FAQ Series at MC Criminal Law is simple: break down legal confusion into meaningful, accurate answers. Our attorneys handle serious cases every day and know that misunderstanding the law can lead to bad decisions when it matters most.
FAQ: Does Texas have “First-Degree” and “Second-Degree” murder charges?
No, Texas law primarily classifies homicides as Capital Murder, Murder, Manslaughter, and Criminally Negligent Homicide. The main difference between each offense is the level of intent. Murder requires the mental state of “intentionally or knowingly,” with a punishment range of 5-99 years or life in prison. Manslaughter requires recklessness and is a punishment range of 2-20 years in prison. Criminally Negligent Homicide requires negligence and has a punishment range of 2-10 years in prison.
MC Tip
The deciding factor in what offense applies is the intent. The two times this decision is made are at the grand jury hearing and jury trial. Dallas County allows defense attorneys the opportunity to submit a packet for the grand jury to consider. Our firm reviews the evidence on every case to see if a packet would be helpful. The only time we miss this opportunity is when someone waits to hire until after indictment.
If you or a loved one is facing a murder charge, don’t wait to consult with a criminal defense attorney. Early action often changes outcomes, and our team of DFW-area defense attorneys has years of experience handling murder cases in Dallas, Collin, Denton, and Tarrant counties and the surrounding areas.