Overview of Texas First Degree Murder Laws
Texas does not officially use the term "first degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as "capital murder," which is murder for which a perpetrator can get a sentence of capital punishment. To convict a defendant of capital murder, prosecutors must be able to prove beyond a reasonable doubt that:
The defendant intentionally and knowingly caused the death of another person;
The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual; or
The defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.
The crime of second degree murder, simply called "murder" in Texas, is a serious crime with harsh penalties. Second degree murder is a crime involving a death that resulted from the accused's wrongful acts. These include deaths that occur during the commission of a crime, or on account of the accused's recklessness. The following chart includes information about the Texas crime of second degree murder, including potential defenses and penalties.
First Degree Murder
The highest level of criminal homicide, typically reserved for willful and premeditated killings.
Second Degree Murder
Most often voluntary but without premeditation -- often seen as the middle ground between voluntary manslaughter and first degree murder charges.
Voluntary Manslaughter
Generally a killing which was voluntary, but done in the heat of the moment.
Involuntary Manslaughter
A killing that is not on purpose, but results from criminally reckless or negligent behavior, or from low level criminal activities.
https://criminal.findlaw.com/criminal-c ... icide.html