Murder
Intentionally or knowingly causing death, or intending serious bodily injury and committing an act clearly dangerous to human life. A first-degree felony — and the charge where sudden passion and self-defense do the most work.
Practice Area — Criminal Defense
Houston Murder & Assault Defense Lawyer
A homicide or violent-crime accusation is the most serious thing the State of Texas can put on a person. Sam R. Cammack III tries these cases — murder, capital murder, manslaughter, aggravated assault, and attempted murder — and he has never lost a murder trial.
Under investigation but not yet charged? That is the most important call you will ever make. See our case results or meet Sam Cammack III.
0
Murder Trials Lost
10,000+
Cases Handled
3,000+
Dismissals Won
20+
Years in Texas Courts
Short answer: what are the murder and assault charges in Texas?
Texas grades a killing by the accused's mental state. Capital murder is a capital felony punishable by death or life without parole. Murder — intentionally or knowingly causing death — is a first-degree felony carrying 5 to 99 years or life, reduced to a second-degree felony if the defense proves sudden passion by a preponderance of the evidence. Manslaughter (recklessly causing death) is a second-degree felony at 2 to 20 years, and criminally negligent homicide is a state jail felony. On the assault side, aggravated assault — serious bodily injury or use or exhibition of a deadly weapon — is a second-degree felony that becomes a first-degree felony in defined circumstances. Nearly all of these are "3G" offenses: a judge cannot grant probation, and parole requires serving half the sentence or 30 years, whichever is less.
Who we are: Sam R. Cammack III is a Houston trial lawyer and former felony prosecutor who has tried homicide cases to verdict — including a not-guilty verdict on a murder charge in a case followed nationally.
These cases are won by lawyers who actually try them
Most criminal cases plead. Murder cases are different: the exposure is so severe, and the State's position so entrenched, that the only real leverage a defendant has is a lawyer the prosecutor believes will pick a jury and go the distance. A firm that has never tried a homicide to verdict has nothing to bargain with — and prosecutors know exactly who those firms are.
Sam R. Cammack III has spent over two decades on both sides of a violent-crime docket. He served as a felony prosecutor in Harrison County, Texas, before spending the last twenty years defending the accused. That background matters in a homicide case because the fight is almost always over the same things: what the forensic evidence can honestly prove, whether the State's timeline survives contact with the physical evidence, and whether the person on trial acted in lawful self-defense. He is a member of the Texas Criminal Defense Lawyers Association and licensed in good standing with the State Bar of Texas (Bar No. 24014415). Learn more about the firm and team.
Public Texas court records identify 371 criminal matters associated with his bar number, 64% of them felonies, including 25 aggravated assault with a deadly weapon filings — the charge that most often accompanies or substitutes for a homicide count.
Have you been arrested, or asked to "come in and give a statement"? Do not do either without counsel. Call 713-224-4444 now, or request a free case review — then read our case results.
Scope of Representation
Penal Code § 19.02
Penal Code § 19.03
Penal Code § 19.04
Penal Code § 19.05
Penal Code § 22.02
§ 15.01 & § 19.02
Penal Code § 22.05
Penal Code § 22.04
Penal Code § 22.01
Homicide and violent-crime charges we defend
From a Class A misdemeanor assault through a capital felony, at every stage from investigation to appeal.
Capital Murder
Murder plus a statutory aggravator — a peace officer or firefighter victim, a killing during a robbery, burglary, kidnapping, or sexual assault, murder for hire, multiple victims, or a child victim. The only charge in Texas carrying death or life without parole.
Manslaughter
Recklessly causing the death of another. A second-degree felony, and frequently the correct charge in cases the State has overfiled as murder.
Criminally Negligent Homicide
Causing death through criminal negligence — a state jail felony, and the lowest rung of the homicide ladder. Often the realistic target in an accidental-death prosecution.
Aggravated Assault
Assault causing serious bodily injury, or committed while using or exhibiting a deadly weapon. A second-degree felony that rises to first degree in defined circumstances — and a 3G offense whenever a deadly weapon finding attaches.
Attempted Murder
An act amounting to more than mere preparation that tends but fails to cause death. Punished one category below murder — a second-degree felony — and regularly charged where the complainant survives.
Deadly Conduct
Recklessly placing another in imminent danger of serious bodily injury (Class A misdemeanor), or knowingly discharging a firearm at a person, habitation, building, or vehicle (third-degree felony). Pointing a firearm creates a presumption of recklessness.
Injury to a Child, Elderly, or Disabled Individual
Ranging from a state jail felony for criminally negligent injury up to a first-degree felony for intentionally or knowingly causing serious bodily injury — including cases built entirely on medical opinion testimony.
Assault & Assault on a Public Servant
Simple assault causing bodily injury through third-degree felony assault on a peace officer, public servant, or emergency responder. For allegations involving a family or household member, see our family violence defense page.
Proven in Trial
First-Degree Aggravated Felony
No Bill
Two Related Felony Counts
Both Dismissed
Three Pending Criminal Charges
All Dismissed
Criminal Charge — Contested Facts
Charges Defeated
Two Cases — Single Incident
Both Dismissed
Felony Charge
Dismissed
Murder and violent-crime case results
The measure of a homicide lawyer is what happens when the case is actually tried. For the firm's complete record across all practice areas, see our full case results page.
Not Guilty — Murder
State of Texas v. David Barajas
In December 2012, a drunk driver crashed into David Barajas and his two sons — David Jr., 12, and Caleb, 11 — as they pushed a stalled truck toward their home in Alvin, Texas. Both boys died. Minutes later, the driver, 20-year-old Jose Banda Jr., was found shot in his car. Barajas was charged with murder and faced up to life in prison.
Sam Cammack III tried the case in Brazoria County and forced the State to confront what it could not prove: no murder weapon was ever recovered, there were no eyewitnesses to the shooting, and gunshot-residue testing on Barajas came back negative. On August 28, 2014, after roughly three hours of deliberation, the jury returned its verdict.
Not Guilty — All ChargesThe case drew national coverage from NBC News, CBS News, and ABC13 Houston. See all case results →
Documented violent-crime caseload — Texas public court records
Public court-record data compiled from Texas county filings identifies 371 criminal matters associated with Sam R. Cammack III (Texas Bar No. 24014415), of which 64% are felonies. The assaultive and deadly-weapon charges within that record break down as follows.
25
Aggravated Assault with a Deadly Weapon
18
Aggravated Assault — Family Member
13
Assault — Impeding Breath / Circulation
8
Assault — Bodily Injury
239
Felony Matters (64% of caseload)
345
Harris County Matters (93%)
23
Montgomery County Matters
371
Total Matters on Public Record
Most frequently appearing before Harris County Criminal District Courts Nos. 176, 178, 183, 208, and 248 at the Harris County Criminal Justice Center, 1201 Franklin Street, Houston. See our Harris County practice page, or look up a case through our inmate search and court records resources.
Selected client outcomes
Outcomes reported by clients of the firm across its criminal defense practice, as published on our case results page. Client identities and cause numbers are withheld to protect confidentiality. Independent client reviews are available on the firm's Avvo profile.
No Bill
Both Dismissed
All Dismissed
Charges Defeated
Both Dismissed
Dismissed
Facing a homicide or deadly-weapon charge? Sam reviews the offense report, the autopsy and forensic findings, and the charging instrument before giving you an honest assessment — not a sales pitch. Call 713-224-4444 or request a free consultation.
Note on results: Each case is decided on its own facts and law. Prior results — including the not-guilty verdict described above — do not guarantee or predict a similar outcome in any future matter. Caseload figures are compiled from publicly available Texas court records and may be incomplete. Full published outcomes are listed on our case results page.
Exposure
Texas homicide and assault penalties at a glance
Where a charge falls on this table determines everything about strategy — and about what a realistic outcome looks like.
| Offense | Statute | Classification | Punishment Range |
|---|---|---|---|
| Capital murder — murder plus a statutory aggravator | § 19.03 | Capital felony | Death or life without parole |
| Murder — intentionally or knowingly causing death | § 19.02(c) | First-degree felony | 5–99 years or life + $10,000 |
| Murder with sudden passion — proved by a preponderance at punishment | § 19.02(d) | Second-degree felony | 2–20 years + $10,000 |
| Manslaughter — recklessly causing death | § 19.04 | Second-degree felony | 2–20 years + $10,000 |
| Criminally negligent homicide | § 19.05 | State jail felony | 180 days–2 years + $10,000 |
| Attempted murder — one category below the offense attempted | § 15.01(d) | Second-degree felony | 2–20 years + $10,000 |
| Aggravated assault — serious bodily injury or deadly weapon | § 22.02(b) | Second-degree felony | 2–20 years + $10,000 |
| Aggravated assault — enhanced circumstances, including deadly weapon plus serious bodily injury to a family, household, or dating partner | § 22.02(b)(1)–(3) | First-degree felony | 5–99 years or life |
| Injury to a child, elderly, or disabled individual — intentional serious bodily injury | § 22.04(e) | First-degree felony | 5–99 years or life |
| Deadly conduct — discharging a firearm at a person, habitation, building, or vehicle | § 22.05(b) | Third-degree felony | 2–10 years + $10,000 |
| Deadly conduct — recklessly placing another in imminent danger of serious bodily injury | § 22.05(a) | Class A misdemeanor | Up to 1 year jail + $4,000 |
| Assault causing bodily injury | § 22.01(a)(1) | Class A misdemeanor | Up to 1 year jail + $4,000 |
Punishment ranges reflect the Texas Penal Code as currently enacted. Enhancements for prior felony convictions under §§ 12.42–12.425 can raise these ranges substantially, and a deadly weapon finding changes parole eligibility regardless of the offense level. This table is general information, not legal advice about your case.
The Consequence Behind the Number
Why "3G" status matters more than the sentence length
Two defendants can receive identical 20-year sentences and serve wildly different amounts of time. The difference is a single finding in the judgment.
Under Texas Code of Criminal Procedure Article 42A.054 — still universally called "3G" after its old numbering — certain offenses carry two consequences that no amount of mitigation can undo. Murder, capital murder, and aggravated robbery are on the list by name. And critically, any felony becomes a 3G offense when the judgment contains an affirmative finding that a deadly weapon was used or exhibited — which is why the deadly weapon finding, not the charge itself, is often the real battleground in an aggravated assault case.
A judge cannot grant probation
For a 3G offense, the trial judge has no authority to place a defendant on straight community supervision after a finding of guilt. Only a jury can recommend probation, and only if the sentence assessed is ten years or less and the defendant has no prior felony conviction. That single rule reshapes the entire strategic calculation about whether to try the case to a jury.
Parole requires half the sentence
A defendant convicted of a 3G offense is not eligible for parole until serving half the sentence or 30 years, whichever is less — with no credit for good conduct time toward eligibility. A 20-year sentence means at least 10 flat years. On a non-3G felony, the same 20 years could produce eligibility in a fraction of that time.
This is why an experienced defense lawyer fights the deadly weapon allegation as hard as the charge itself, and why a negotiated reduction that removes the finding can be worth more to a client than shaving years off the number. Capital murder sits outside this framework entirely: under Penal Code § 12.31, a conviction means death or life without the possibility of parole.
Justification
Self-defense, the Castle Doctrine, and stand your ground in Texas
Texas gives a person real legal authority to protect themselves. The problem is that the decision to arrest is made in minutes, and the decision about whether the shooting was justified is made months later.
When deadly force is justified
Under Texas Penal Code § 9.32, deadly force is justified when force would be justified under § 9.31 and the actor reasonably believes deadly force is immediately necessary to protect against another's unlawful deadly force, or to prevent the imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
The Castle Doctrine presumption
Section 9.32(b) creates a presumption that the belief was reasonable where the actor knew or had reason to believe the other person unlawfully and forcibly entered — or was attempting to enter — an occupied habitation, vehicle, or place of business, provided the actor did not provoke the encounter and was not engaged in criminal activity. A presumption is a powerful thing in a jury charge.
No duty to retreat
A person who has a right to be where they are, did not provoke the confrontation, and is not engaged in criminal activity is not required to retreat before using force or deadly force. The statute goes further: a finder of fact may not even consider whether the person failed to retreat when deciding whether the belief was reasonable.
Defense of a third person and of property
Sections 9.33, 9.41, 9.42, and 9.43 extend justification to protecting another person and, in defined circumstances, to protecting land or tangible property. These provisions are narrower than most people assume, and applying them correctly to a real set of facts is precision work.
A justified act still gets you arrested. Self-defense is a legal justification raised in court — it is not a shield against being charged. If you used force and are now under investigation, call 713-224-4444 before you give any statement.
Strategy
How we attack a murder or aggravated assault case
Identity and the absence of physical evidence
The State must prove the accused is the person who did it. No recovered weapon, no eyewitness, negative gunshot-residue testing, no usable DNA, no fingerprints — each gap is an argument, and together they can be a verdict. This is precisely the ground on which the Barajas murder acquittal was won.
Attacking the forensic case
Ballistics comparison, bloodstain pattern interpretation, time-of-death estimates, and cause-and-manner determinations are opinions, not facts. We retain independent pathologists and firearms examiners and test the State's experts on methodology, error rates, and the limits of what their discipline can actually support.
Justification — self-defense and defense of others
Where the act is admitted, the fight moves to whether it was lawful. Wound geometry, 911 timing, prior threats, the decedent's history of violence, and the physical scene are marshalled to establish the reasonableness of the belief under §§ 9.31–9.33.
Mental state — reducing murder to manslaughter
The line between murder, manslaughter, and criminally negligent homicide is entirely about culpable mental state. Establishing recklessness rather than intent converts a 5-to-99 exposure into a 2-to-20 exposure — one of the highest-value fights available in a homicide trial.
Sudden passion at punishment
Under § 19.02(d), proving sudden passion arising from an adequate cause by a preponderance of the evidence drops a murder conviction to second-degree punishment. It is litigated at the punishment phase and is frequently the difference between a life sentence and a number with an end.
Fighting the deadly weapon finding
Because an affirmative deadly weapon finding converts any felony into a 3G offense, defeating that special issue can matter more than the years assessed. It is a separate question for the fact-finder and deserves separate, deliberate litigation.
Witness credibility and incentivized testimony
Homicide cases are frequently built on cooperators facing their own exposure, jailhouse informants, and identifications made under stress. Plea agreements, pending charges, and inconsistent prior statements are legitimate and often decisive cross-examination material.
Suppression and constitutional challenges
Warrantless searches, unlawful seizure of phones and vehicle data, custodial statements taken without warnings, and suggestive lineup procedures all create suppression issues. Evidence excluded before trial is evidence the jury never hears.
Before the Charge
If you are under investigation, the case is being decided right now
In a homicide investigation, the most consequential period is usually before anyone is arrested — and it is the period in which people do the most damage to themselves.
- The scene and the first statement Officers separate witnesses and take statements immediately. A statement given at the scene, without counsel and in shock, becomes the frozen version of events that every later account is measured against.
- The "voluntary" interview Investigators often invite a person to "come in and clear things up." These interviews are recorded, and the invitation itself usually signals that the person is a suspect, not a witness.
- Charging and magistration Once charges are accepted, you are magistrated within 48 hours and bond is set. In a first-degree felony, bond amounts are high and conditions are strict.
- Grand jury A Harris County grand jury decides whether to return a true bill or a no bill. A well-prepared defense presentation before indictment is one of the few genuine opportunities to end a case before it ever reaches a trial court — and it is available only to those who have counsel early.
Do this immediately
- Say nothing to investigators. Invoke your right to counsel out loud, then stop talking. You cannot talk your way out of a homicide investigation.
- Do not consent to any search. Not your phone, not your car, not your home. Make them get a warrant.
- Do not discuss the case with anyone. Not family, not friends — and never on a recorded jail line.
- Preserve evidence now. Surveillance footage, phone and location data, texts, and medical records are overwritten or deleted within days.
- Do not post anything. Social media is the first place prosecutors look, and deleting it later looks worse than posting it.
- Call a trial lawyer before charges are filed. Pre-indictment is where cases get no-billed.
Where We Practice
Murder and assault defense across Greater Houston
Homicide practice is intensely local. Grand jury practice, discovery culture, and plea posture differ meaningfully from one county to the next.
Harris County
Houston, Pasadena, Baytown, Katy, Humble, Cypress, Tomball, Spring Branch, Bellaire, Deer Park, La Porte
Harris County Criminal Justice Center, 1201 Franklin St., Houston — felony District Courts including the 176th, 178th, 183rd, 208th, and 248th.
Montgomery County
Conroe, The Woodlands, Spring, Magnolia, Willis, Montgomery, New Caney, Porter
Montgomery County Courthouse, Conroe — District Courts and County Courts at Law.
Fort Bend County
Richmond, Sugar Land, Katy, Rosenberg, Missouri City, Stafford, Fulshear, Needville
Fort Bend County Justice Center, Richmond — District Courts and County Courts at Law.
Galveston County
Galveston, League City, Texas City, Friendswood, Dickinson, La Marque, Santa Fe
Galveston County Justice Center, Galveston — District Courts and County Courts at Law.
Brazoria County
Angleton, Pearland, Lake Jackson, Alvin, Freeport, Clute, Manvel
Brazoria County Courthouse, Angleton — site of the firm's State v. Barajas murder acquittal.
Federal Court
United States District Court, Southern District of Texas — Houston Division
Federal violent-crime, firearm, and conspiracy prosecutions. See federal cases.
Not sure which court your case is in? Use our inmate search and court records tools, or send us the cause number and we will look it up for you.
Questions We Hear Daily
Murder & assault FAQ
What is the difference between murder, manslaughter, and criminally negligent homicide?
The act can be identical — the difference is the culpable mental state. Murder (§ 19.02) requires intentionally or knowingly causing death, or intending serious bodily injury and committing an act clearly dangerous to human life; it is a first-degree felony carrying 5 to 99 years or life. Manslaughter (§ 19.04) requires only recklessness — conscious disregard of a substantial and unjustifiable risk — and is a second-degree felony at 2 to 20 years. Criminally negligent homicide (§ 19.05) requires criminal negligence, meaning the person should have been aware of the risk, and is a state jail felony. Moving a case one step down this ladder is often the single most valuable thing a defense lawyer can accomplish.
Can you get probation for murder in Texas?
Not from a judge. Murder is a 3G offense under Code of Criminal Procedure Art. 42A.054, and a judge has no authority to grant straight community supervision after a finding of guilt. Only a jury can recommend probation, and only where it assesses a sentence of ten years or less and the defendant has no prior felony conviction. That rule is a major reason murder cases go to juries — for some defendants, a jury is the only path to probation that exists.
How much of a sentence must be served before parole on a violent charge?
For a 3G offense — or any felony carrying an affirmative deadly weapon finding — a person is not eligible for parole until serving half the sentence or 30 years, whichever is less, and good conduct time does not count toward eligibility. A 20-year sentence means at least 10 flat years before the first parole review. Capital murder is different again: a capital conviction under Penal Code § 12.31 means death or life without the possibility of parole.
What is "sudden passion" and how much can it help?
Sudden passion is a punishment-phase issue under § 19.02(d). If the defense proves by a preponderance of the evidence that the killing occurred under the immediate influence of sudden passion arising from an adequate cause, the offense is punished as a second-degree felony rather than a first — dropping the range from 5-to-99-or-life down to 2-to-20. It does not make the conduct lawful, but in a case the defense cannot win outright, it is frequently the difference between a life sentence and a sentence with an end date.
Is self-defense a real defense to a murder charge in Texas?
Yes, and Texas law is comparatively favorable. Under Penal Code § 9.32, deadly force is justified when a person reasonably believes it immediately necessary to protect against another's unlawful deadly force or to prevent certain violent felonies. Section 9.32(b) creates a presumption of reasonableness where an intruder unlawfully and forcibly entered an occupied home, vehicle, or business, and Texas imposes no duty to retreat — a jury may not even consider whether you could have retreated. But justification is raised in court, not at the scene. People who act lawfully are still arrested, and the case is won by evidence, not by being right.
What is a "deadly weapon finding" and why does it matter so much?
It is a separate affirmative finding entered in the judgment when a deadly weapon was used or exhibited during the offense. Its effect is structural: any felony with that finding becomes a 3G offense, which removes judge-ordered probation and imposes the half-the-sentence parole rule. Because of this, a negotiated resolution that removes the deadly weapon finding can be worth more to a client than a reduction in the number of years — and it is litigated as its own issue.
Should I talk to detectives if I have not been charged?
No. If investigators are asking you to come in, you are almost certainly a suspect rather than a witness, and the interview is recorded. Nothing you say in that room can help you at trial — your own statement is admissible against you, while your explanation of it generally is not. Say clearly that you want a lawyer, then stop talking. Retaining counsel before charges are filed also opens the possibility of a pre-indictment presentation to the grand jury, which is one of the few ways a serious case ends before it ever reaches a courtroom.
How much does a murder defense lawyer cost in Houston?
Homicide and aggravated felony defense is quoted case by case, because the work varies enormously with the forensic record, the number of witnesses, and whether the case is genuinely headed to trial. Our office reviews the specific allegation and gives you a flat fee, so you know the cost before you commit. The initial case review is free and confidential. Call 713-224-4444 — we take calls 24 hours a day.
Free & Confidential Case Review
The State has already started building its case
In a murder or aggravated assault case, every day without counsel is a day the other side works uncontested. Sam R. Cammack III has tried the hardest cases in Texas and won them. Tell him what happened — the call is free, confidential, and answered around the clock.
Sam R. Cammack III · 1001 West Loop South, Suite 700, Houston, TX 77027 · Available 24/7 · View case results
The information on this page is provided for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Texas law changes, and every case turns on its own facts and procedural posture. Prior results — including the not-guilty verdict described on this page — do not guarantee or predict the outcome of any future matter. Caseload statistics are compiled from publicly available Texas court records and may be incomplete. If you have been arrested, accused, or contacted by investigators, speak with a licensed Texas criminal defense attorney about your specific situation.