Texas Felony Murder Defense Lawyer

What Is Felony Murder in Texas?

Texas Penal Code §19.02(b)(3) provides that a person commits murder if they commit or attempt to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, they commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual.

The critical elements are:

• The defendant was committing or attempting to commit a felony
• During the commission of that felony, or while fleeing from it, the defendant committed an act clearly dangerous to human life
• That act caused the death of another person

Notice what is not required: the prosecution does not need to prove that the defendant intended to kill anyone. The prosecution does not need to prove that the defendant knew someone would die. The prosecution only needs to prove that the defendant committed a dangerous act during a felony and that act caused a death.

Penalties

Felony murder is charged as first-degree murder — the same as intentional murder:

• 5 to 99 years or life in the Texas Department of Criminal Justice
• Fine of up to $10,000
• Parole eligibility after serving 30 years (with a deadly weapon finding) or one-half of the sentence

If the underlying felony qualifies as a capital murder, aggravating circumstance such as murder during robbery, burglary, kidnapping, or aggravated sexual assault then the charge may be elevated to capital murder, carrying the death penalty or life without parole.

Co-Defendant Liability: The Most Dangerous Aspect

The felony murder rule is most dangerous when applied to co-defendants. Consider this scenario: three people agree to commit a burglary. During the burglary, one of them encounters the homeowner and kills them. Under the felony murder rule, all three participants can be charged with murder, even the two who never intended violence, never knew a weapon was involved, and were in a different part of the house when the killing occurred.

This is because Texas law holds all participants in a felony responsible for the foreseeable consequences of the criminal enterprise. If a death is a foreseeable consequence of the felony, every participant bears criminal responsibility for that death.

Doug challenges co-defendant felony murder cases by examining:

• Whether the defendant was actually a participant in the underlying felony or was merely present
• Whether the death was a foreseeable consequence of the specific felony the defendant agreed to commit
• Whether the death occurred “in the course of and in furtherance of” the felony or was an independent act by a co-defendant
• Whether the defendant withdrew from the felony before the death occurred

Defense Strategies

Challenging the Underlying Felony

Felony murder requires proof of the underlying felony. If the prosecution cannot prove the defendant committed or was a party to the underlying felony, the felony murder charge fails. Doug examines every element of the underlying offense to determine whether the prosecution can meet its burden.

Challenging the “Clearly Dangerous Act”

The statute requires an act “clearly dangerous to human life.” Not every act committed during a felony meets this standard. Doug evaluates whether the specific act alleged by the prosecution qualifies as clearly dangerous under the law.

Challenging Causation

The prosecution must prove that the defendant’s act caused the death. If the death resulted from an independent cause such as the victim’s medical condition, a third party’s intervening act, or another cause unrelated to the defendant’s conduct then the causal link may be broken.

Limiting Co-Defendant Liability

For co-defendants who did not commit the actual killing, Doug challenges the prosecution’s theory of party liability. Texas Penal Code §7.02 governs criminal responsibility for the conduct of another, and Doug examines whether the defendant’s role in the felony makes them legally responsible for the death.

Reducing to a Lesser Offense

If the evidence does not support first-degree murder but does support a lesser offense such as manslaughter, criminally negligent homicide, or the underlying felony itself, Doug fights for the appropriate charge and penalty.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing homicide charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff is our Partner and Criminal Division Chief — a senior trial attorney has defended clients against the most serious violent felony charges throughout his career. Our firm’s forensic science credentials and nearly 30 years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.