Texas Criminal Attorney Blog

By Collin County Criminal Defense Attorney Troy P. Burleson

In Texas, a Capital Felony is the most severely punished crime. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the:

a) murder of a public safety officer or firefighter in the line of duty;
b) murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson);
b) murder for remuneration;
c) multiple murders;
d) murder during prison escape;
e) murder of a correctional officer;
f) murder of a judge;
g) murder by a state prison inmate who is serving a life sentence for any of five offenses; [or]
h) murder of an individual under six years of age.

Under Texas Law, a capital felony is punishable by:

a) Death by lethal injection; OR
b) Life imprisonment.

Texas penal code section 12.31 defines a "capital felony" as:

§ 12.31. CAPITAL FELONY. (a) An individual adjudged
guilty of a capital felony in a case in which the state seeks the
death penalty shall be punished by imprisonment in the
institutional division for life without parole or by death. An
individual adjudged guilty of a capital felony in a case in which
the state does not seek the death penalty shall be punished by
imprisonment in the institutional division for life without parole.
(b) In a capital felony trial in which the state seeks the
death penalty, prospective jurors shall be informed that a sentence
of life imprisonment without parole or death is mandatory on
conviction of a capital felony. In a capital felony trial in which
the state does not seek the death penalty, prospective jurors shall
be informed that the state is not seeking the death penalty and that
a sentence of life imprisonment without parole is mandatory on
conviction of the capital felony.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff.
Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, § 12,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, § 4, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 2005, 79th Leg., ch. 787, § 1, eff. Sept. 1, 2005.

Community Supervision Eligibility for a Capital Felony
A person convicted of a capital felony is NOT eligible for probation of community supervision.