Someone dies. You weren’t the one who pulled the trigger, swung the bat, or caused the overdose, but you were there. Maybe you were driving the car. Perhaps you were robbing the place. Maybe you never even saw the victim. And now you’re being charged with murder.
The charge may sound like a legal trick, but it’s not. It’s the felony murder rule. And in Texas, it carries the same weight as premeditated homicide. If you’re asking, “What are 1st, 2nd, and 3rd degree murders?” here’s what you need to know: Texas law doesn’t use all three categories like some states do. But it does define felony murder similarly to first-degree murder—the most severe level. That means you can face the harshest punishment under the law even if you didn’t intend to kill anyone.
At The Carmichael Law Firm PC, we defend those charged in the most complex and serious criminal cases Texas courts see. If you’re facing felony murder charges or are under investigation, don’t wait. Reach out for a free consultation now because the state isn’t waiting to build its case against you.
What is Felony Murder in Texas?
Under Texas law regarding criminal homicide, felony murder happens when someone commits or attempts to commit a felony (other than manslaughter), and during that felony, or the flight from it, causes the death of another person.
The felony murder rule makes it possible to face a murder conviction simply for participating in a felony where someone dies, even by accident. That means if a person dies during the commission of a robbery, arson, sexual assault, kidnapping, or other felony, the prosecution may charge every participant with murder. This rule removes the need to prove intent to kill. That makes it especially risky for co-defendants or people who played a minor role in a larger plan.
So if you’re asking, “Is murder a felony in Texas?” the answer is yes, but felony murder in Texas goes further. It allows prosecutors to charge you simply for being connected to the events surrounding someone’s death during a felony.
When Is Murder a Felony in Texas?
All murder charges in Texas are felonies. But not all felonies are treated equally. What separates one charge from another often depends on what prosecutors think they can prove. In Texas, felony murder eliminates a prosecutor’s burden to prove intent. That means if someone dies during your involvement in a felony, the state doesn’t have to show you planned it, agreed to it, or wanted it. Only that you were involved. And unfortunately, that simplification works in the prosecution’s favor. Unless you have a defense team that understands how to challenge that strategy, you risk facing the harshest punishments Texas law allows.
What are 1st, 2nd, and 3rd Degree Murders in Texas?
Wondering “What are 1st, 2nd, and 3rd degree murders in Texas?” Texas does not categorize murders by degree like some other states do. Here’s how its charges generally compare to those distinctions used in other states:
- 1st-degree murder. In Texas, this includes felony murder and premeditated murder. These crimes are punishable by five to 99 years or life in prison, plus fines up to $10,000.
- 2nd-degree murder. While not a term used in Texas law, it often refers to intentional killings without premeditation or as a sudden act of passion. In Texas, sentences for a similar offense range from two to 20 years.
- 3rd-degree murder. Texas law doesn’t formally use this term, but some states do. In Texas, criminally negligent homicide might be the closest comparison.
Felony murder in Texas falls into the top tier, no matter how minor your involvement in the underlying crime may seem.
Real Felony Murder Texas Scenarios
Need an example of felony murder? Here are a few scenarios where participants could face felony murder charges:
- A group robs a gas station. One of them has a gun and shoots and kills the clerk. The prosecution charges everyone involved in the robbery with felony murder.
- Two friends steal a car. During the high-speed getaway, one crashes and kills a pedestrian. The prosecution charges both.
- A person helps their partner burglarize a home. The homeowner has a heart attack during the confrontation and dies. The burglar and their accomplice are both liable.
The law casts a wide net. You don’t have to be the one who caused the death. Proximity and participation are enough. That’s what makes a charge of felony murder in Texas so serious. The burden of responsibility shifts to everyone present. You may not have known what would happen, but you’ll face the same punishment as the person who did.
Now that I’ve seen an Example of Felony Murder, Can You Explain What Happens If I’m Convicted in Texas?
If convicted, you face the same penalties as someone who planned and carried out a murder, including:
- A minimum of five years to life in prison, depending on aggravating factors;
- A permanent criminal record;
- Loss of firearm rights, voting rights, and most employment opportunities; and
- Limited parole eligibility, depending on the case.
In some instances, particularly if the victim was a child or if the underlying felony involved weapons or sexual violence, prosecutors may seek enhancements that carry additional mandatory time.
There is no statute of limitations for murder in Texas. That means charges can be filed years after the crime, even if you’ve moved on or changed your life. If there is any indication that you were involved in a crime where someone died, your name stays in the file.
The Carmichael Law Firm PC Can Help
At The Carmichael Law Firm PC, we approach every felony murder charge case with a deep commitment to strategy and careful case analysis. We dig into the facts. We find the weaknesses. We challenge every assumption the state relies on. With controlled caseloads and years of courtroom experience, we focus on quality representation over quantity. You’re not just another file in a system. You’re a human being with a future worth protecting.
Contact us today. We offer free, confidential consultations to help you understand your options and start building a defense. We don’t promise easy answers. We promise clear guidance, direct communication, and a determined effort to protect your rights. When everything is at stake, you need more than representation. You need a defense you can trust.
