Legal Defenses of Homicide in Texas

Facing a homicide charge in Texas is one of the most serious legal situations a person can be in. But not all homicides are considered murder, and not all killings are illegal. Texas law allows for certain defenses — and in some cases, a person who took a life might not be guilty of any crime at all.

In this article, we’ll walk through

• The types of homicide under Texas law
• The most common legal defenses
• How real Texas cases have played out
• What a defendant (or their family) should expect moving forward

Let’s start by breaking down what Texas actually considers “homicide” in Texas.

Types of Homicide in Texas

Before we get into defenses, we need to define the charge. Not all homicides are murder.

According to the Texas Penal Code, Title 5, Chapter 19, there are four main types of criminal homicide:

Murder (§19.02)

This is when someone knowingly or intentionally causes another person’s death. It can also include deaths caused during the commission of a felony — known as the felony murder rule.

Murder can be penalized with 5 to 99 years or life in prison.

Capital Murder (§19.03)

This is a more serious form of murder, usually because of who was killed or how the murder happened. Common examples include:

• Killing a child under 10.
• Killing a police officer or firefighter.
• Murder for hire.
• Murder committed during other serious crimes like kidnapping or robbery.

Capital murder can be penalized with life without parole or the death penalty.

Manslaughter (§19.04)

This occurs when a person causes a death by acting recklessly, without intending to kill. For example:

• Driving 110 mph through a residential area and hitting a pedestrian.
• Playing with a loaded gun, and it fires.

Manslaughter can be penalized for 2 to 20 years in prison.

Criminally Negligent Homicide (§19.05) 

This involves a failure to perceive a substantial and unjustifiable risk that causes someone’s death. It’s less severe than recklessness but still criminal.

Manslaughter can be penalized with 180 days to 2 years in a state jail.

Knowing which charge you’re facing is the first step toward building a defense — because the elements the state must prove vary significantly.

Defenses to Homicide Accusations in Texas

Just because someone is killed doesn’t mean a crime was committed. The defense strategy depends on the facts, but here are the most common and powerful defenses in Texas homicide cases:

1. Self-Defense

Texas has strong self-defense laws, especially under the “Stand Your Ground” and “Castle Doctrine” principles.

Self-defense means the defendant used force to protect themselves from death or serious harm. Under Texas Penal Code §9.31 and §9.32, deadly force is justified if:

• The force was immediately necessary.
• You were protecting yourself from deadly force or a violent felony.
• You didn’t provoke the other person.
• You weren’t involved in illegal activity.

It’s important to note that self-defense hinges on reasonableness. The jury must believe a reasonable person in your shoes would have acted the same.

2. Defense of Others

You’re allowed to defend someone else from a threat using the same rules as self-defense. Texas Penal Code §9.33 covers this. You must reasonably believe:

• The third party was in immediate danger.
• Your use of force was necessary and proportionate.

This defense is common in domestic violence or assault situations where someone steps in to protect a loved one.

3. Defense of Property

Texas allows deadly force to defend property in limited cases, especially when someone:

• Is committing burglary, arson, or robbery
• Is fleeing after committing one of those crimes at night

This falls under Penal Code §9.42, but it’s controversial and rarely used without also tying into a self-defense claim.

3. Accident or Lack of Intent

Not all killings are intentional. If the death happened by accident — and you weren’t reckless or negligent— it might not be a crime. Intent matters a lot. For example:

• If you were cleaning your legally owned firearm and it discharged unintentionally with no negligence, this could support an accidental defense.
• If you swerved to avoid hitting a deer and hit a pedestrian, that might not be criminal if you weren’t driving recklessly.

4. Insanity Defense

This is rare and hard to prove, but it exists under Texas Penal Code §8.01. To succeed, the defense must show:

• The defendant had a severe mental disease or defect.
• They didn’t understand that their actions were wrong.

This often requires psychiatric evaluations and expert testimony. It doesn’t mean the defendant walks free — usually, they’re committed to a mental facility.

5. Mistaken Identity or False Accusation

Homicide investigations can go wrong. Witnesses misidentify suspects. Forensic evidence can be flawed.

A strong alibi, surveillance footage, phone data, or DNA evidence can help prove you didn’t do it. In some cases, police or prosecutors may focus on the wrong suspect.

6. Lack of Evidence

The prosecution has the burden of proof beyond a reasonable doubt. If their case is weak, inconsistent, or based on unreliable witnesses, the defense can argue that the state simply hasn’t proven its case.

Sometimes, not doing something wrong is less important than the state failing to prove you did.

Legal Standards and Strategic Options

Burden of Proof

The prosecution must prove every element of the crime beyond a reasonable doubt. You are not required to prove your innocence. A defense lawyer’s job is often to poke holes in the prosecution’s case.

Affirmative Defenses

If you’re using self-defense or insanity, you’re raising an affirmative defense — meaning you admit the killing happened but claim it was legally justified or excused. This shifts the burden slightly: you must produce some evidence to support the claim, then the state has to disprove it beyond a reasonable doubt.

Plea Bargaining

Some homicide cases are resolved through plea deals, especially when:

• The defendant has no prior record.
• The evidence is thin or questionable.
• There’s genuine remorse and cooperation.

An experienced criminal defense attorney might negotiate a reduction from murder to manslaughter or even dismissal in some rare cases.

Real-Life Examples in Texas

• Joe Horn Case (2007): A Pasadena man shot two burglars fleeing his neighbor’s home. Though controversial, he wasn’t charged. Cited self-defense and the “Castle Doctrine.”
• Rodriguez v. State (2012): The Texas Court of Criminal Appeals emphasized that self-defense must be judged from the defendant’s perspective at the moment, not in hindsight.

These cases highlight how fact-specific homicide defenses are and how Texas often favors those protecting themselves or their property.

Arrested? Don’t Plea, Call Me!

Being charged with homicide doesn’t automatically make you guilty, and it doesn’t mean your story won’t be heard. Texas law offers powerful homicide defenses, but they only work if they’re properly raised, backed by evidence, and argued by someone who knows how to fight for you.

If you or someone you value is facing a homicide charge in Texas, don’t wait. Reach out to Texas Criminal Defense Group now. We know the law, we know the courts, and we know how to protect your future. Let’s start building your defense now.