Murder under Texas Penal Code Section 19.02 is generally a first-degree felony. The ordinary prison range is five to ninety-nine years or life, and a fine of up to $10,000 may also be imposed. That range is the beginning of a case-specific review, not an estimate of the sentence a person will receive.

I would check the conviction, the offense date and any enhancement allegations before advising a client. A capital-murder charge requires a separate analysis. So does a murder case in which sudden passion is raised at punishment.

Changes to the ordinary range

Section 19.02(d) allows a defendant to prove sudden passion arising from adequate cause at punishment. If the defendant meets the preponderance standard, the offense is second degree for punishment. Its ordinary range is two to twenty years, with a possible fine up to $10,000.

An enhancement notice deserves close attention. Suppose the State alleges an old felony conviction under Section 12.42(c)(1). If that allegation satisfies the statute, the first-degree minimum becomes fifteen years. I would ask for the old judgment before accepting that range. The defense needs to check that it concerns this defendant, qualifies as a final conviction and falls within the provision rather than an exception.

The dates and sequence of prior cases can matter. Counsel should verify them before using an enhanced range in a plea discussion or advising the client about trial risk.

Preparing punishment evidence

Punishment preparation should begin while the defense investigates the charge. Records and witnesses may take time to locate. I would discuss the client’s life history, health, work and family circumstances and then identify which information can be supported and is relevant.

Family members often want to speak at punishment. Before deciding who should testify, counsel needs to hear what each person actually knows. Someone who worked alongside the accused for ten years has different information from a cousin who sees him once a year. Dates, examples and supporting records help counsel assess that testimony. Nobody should embellish an account to make it sound better.

Counsel also needs to anticipate disputed prosecution evidence at punishment. An allegation in a report should be examined for its source and the standard required for its use. Decisions about objections, witnesses and experts belong in the preparation, rather than being left to the morning of the hearing.

A sentence does not establish a release date

Parole eligibility and parole release are different. The applicable rules can depend on the offense, findings in the judgment, sentence and offense date. Eligibility means the person may be considered; it does not promise release then.

Take a twenty-year sentence as an example. Counsel can explain the applicable eligibility calculation after checking the offense and judgment. Nobody can use that calculation to promise the family a homecoming date. The board may deny parole. With life without parole, there is no parole eligibility to calculate. A possible death sentence belongs in a separate capital-case discussion.

Community supervision needs its own answer

Article 42A.054 places murder among the offenses excluded from ordinary judge-ordered community supervision under Article 42A.053. That is one reason a generic promise of “probation” can be misleading. Other forms of supervision, procedures and eligibility restrictions must be examined under the provisions that govern them.

Before discussing any proposed resolution, I would explain the sentence, findings and supervision consequences the proposal actually includes. The client should have an opportunity to ask questions while there is time to address them.

Bring the indictment, enhancement notices and available prior judgments to the consultation. If the case has already resulted in a conviction, include the judgment and relevant court notices. Those papers provide a firmer starting point than a sentencing range found online.

Legal sources

Texas Penal Code Section 19.02.

Texas Penal Code Sections 12.32, 12.33 and 12.42.

Texas Code of Criminal Procedure Article 42A.054.

Texas Government Code Chapter 508.

General information about Texas law, not legal advice for a particular case. Reading this article does not create an attorney-client relationship.