Capital murder is a type of homicide that is considered more severe than any other type. In Texas, capital murder is the most severe form of homicide, involving specific aggravating circumstances that elevate it beyond a standard murder charge. Capital murder is the only offense which can be charged as a capital felony in the State of Texas, and if found guilty, the defendant can be sentenced to execution. Capital murder charges come in a few different forms, such as when the murder is intentional and occurs in the process of carrying out other felonies, or when the victim is a peace officer or firefighter, under the age of 10, or the murder is committed for payment or promise of payment. In general, capital murder involves specific circumstances, such as killing a peace officer, committing murder during another felony, or murdering multiple people.

In contrast, first-degree murder is the most common type of homicide charge, and it refers to a situation where intent and premeditation are involved with the case. In most cases, a defendant guilty of murder may be sentenced to imprisonment for life or a term of anywhere from five years to 99 years.