Serious Texas Criminal Charges: 60 Practical Guides
Explore 60 Texas criminal defense guides covering homicide, sexual offenses, robbery, assault, trafficking, burglary, arson, drugs and organized crime.
In short: Choose a charge below, then select the question that matches your situation. These 60 guides explain distinct elements, evidence and sentencing issues under Texas law. The order is a reading guide, not a ranking of penalties; the exact allegation, offense date and enhancements control an individual case.
Capital murder
Texas capital murder is defined by Penal Code 19.03. The State must prove the applicable murder elements and a listed capital circumstance. The accusation, the evidence supporting each element, and the punishment rules are separate questions. A police description of an incident does not establish guilt or determine the final charge.
Murder
Murder under Texas Penal Code 19.02 has several statutory routes. The State’s chosen theory determines which mental state, conduct and causal connection it must prove. Murder is generally a first-degree felony, with a specific punishment-stage sudden-passion provision. A defense assessment starts with the allegation and the law applicable on the offense date.
Attempted murder
Texas uses its criminal-attempt statute with the intended offense. Under section 15.01, specific intent and an act beyond mere preparation are essential. The distinction between preparation, an attempt and a completed different offense depends on evidence, not simply how serious an incident sounds. Obtain the exact charging language before comparing penalty ranges.
Manslaughter
Penal Code 19.04 addresses recklessly causing another person’s death. Recklessness means conscious disregard of a substantial, unjustifiable risk, with the statutory gross-deviation requirement. Manslaughter is generally second degree; section 19.04(c) specifies a first-degree circumstance involving section 28.09. Both the mental state and causation deserve independent review.
Intoxication manslaughter
Intoxication manslaughter under section 49.08 requires a covered operation or activity, intoxication, and a death caused by reason of that intoxication. For a motor vehicle, operation in a public place is part of the statute. The offense is generally second degree, subject to section 49.09. An arrest, laboratory result and crash reconstruction each answer different questions.
Criminally negligent homicide
Criminally negligent homicide under section 19.05 is a state jail felony. Section 6.03 distinguishes failure to perceive a substantial, unjustifiable risk from conscious disregard of that risk. The failure must meet the statutory gross-deviation standard. A civil negligence allegation and criminal homicide charge are not the same legal determination.
Aggravated sexual assault
Section 22.021 combines specified sexual conduct with an aggravating circumstance. These can concern the alleged conduct, the victim’s age or a legally defined protected status. It is a first-degree felony, and subsection (f) imposes a 25-year minimum in specified child cases. The precise allegation and offense date must be checked before applying a penalty summary.
Continuous sexual abuse
Section 21.02 addresses two or more qualifying acts over a period lasting at least 30 days. The actor must be at least 17 at each act, and the victim must meet the statute’s under-14 or disabled-individual requirement. This first-degree offense carries 25 to 99 years or life. Its elements and special rules differ from a single alleged sexual offense.
Sexual assault
Section 22.011 distinguishes specified conduct without consent from specified conduct involving a child younger than 17. It lists circumstances of nonconsent and contains narrowly defined defenses and exceptions. Most offenses under this section are second degree, but subsection (f) contains exceptions. The charged subsection must guide the defense analysis.
Indecency with a child
Section 21.11 concerns a child younger than 17 and distinguishes sexual contact from specified exposure conduct. The statute defines sexual contact and requires the specified sexual intent. Contact and exposure have different felony classifications. An allegation should be analyzed under the correct subsection, including the offense-date facts and any applicable statutory defense.
Human trafficking
Texas trafficking law distinguishes forced labor, specified sexual exploitation and certain benefit-related conduct. “Traffic” has a broad statutory meaning that includes recruiting and harboring, not just transport. Child and disabled-individual provisions have distinct requirements. Chapter 20A has multiple recent amendments; offense date and the exact subsection require attention before giving sentencing advice.
Aggravated kidnapping
Texas distinguishes restraint from abduction. Abduction involves restraint with the intent to prevent liberation through concealment or deadly force as defined in section 20.01. Section 20.04 adds specified purposes or use or exhibition of a deadly weapon. It is generally first degree, with a punishment-stage safe-release provision that has its own burden of proof.
Aggravated robbery
Robbery under Chapter 29 connects theft-related conduct with specified injury, threats or fear. Aggravated robbery adds serious bodily injury, use or exhibition of a deadly weapon, or specified conduct involving an elderly or disabled person. It is a first-degree felony. “In the course of committing theft” includes specified attempts and immediate flight, so the full sequence matters.
Aggravated assault with a deadly weapon
Section 22.02 requires an assault plus serious bodily injury or use or exhibition of a deadly weapon. The underlying assault may involve injury or a qualifying threat. Aggravated assault is generally second degree, with listed first-degree circumstances. The weapon definition, actual manner of use and any claimed justification require separate analysis.
Injury to a child, elderly or disabled person
Section 22.04 distinguishes the protected person’s status, the injury category, the mental state and acts versus omissions. A child here is 14 or younger; an elderly individual is 65 or older. The disability definition has additional statutory detail. Penalties vary substantially, so the accusation cannot be classified from the victim’s age alone.
Family-violence strangulation
The family-violence impeding-breath provision concerns specified relationships and intentional, knowing or reckless interference with normal breathing or blood circulation by listed methods. It can be third degree without a prior conviction; the prior-conviction provision can make it second degree. Relationship, conduct, mental state and any enhancement must each be examined.
Arson
Texas arson law contains several routes with different mental states and consequences. Section 28.02(a) concerns a fire or explosion with intent to damage specified property under listed circumstances; other subsections address certain reckless damage or injury. Not every fire is arson, and not every arson subsection has the same felony level.
Burglary of a habitation
Burglary of a habitation under section 30.02 involves entry or remaining concealed without effective consent and the specified criminal intent or conduct. A habitation is defined by adaptation for overnight accommodation, with additional included areas. It is generally second degree; subsection (d) provides a first-degree route involving a felony other than felony theft.
Felony drug manufacturing or delivery
Texas controlled-substance manufacturing and delivery offenses depend on the substance, penalty group, amount and charged conduct. Chapter 481 distinguishes manufacturing, delivery and possession with intent to deliver. The same weight does not produce the same range for every drug. Fentanyl-related Penalty Group 1-B has a separate provision, so generic Penalty Group 1 charts should not be reused without checking.
Engaging in organized criminal activity
Chapter 71 adds requirements beyond an underlying offense. It addresses specified intent involving a combination, or the listed gang or organization routes, together with committing or conspiring to commit a listed offense. A combination has a statutory definition involving at least three people. Multiple defendants do not automatically establish organized criminal activity.
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Last updated October 2026
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.