• The victim was an on-duty firefighter or police officer
• The victim was younger than six years old
• Two or more people were murdered
• The murder took place while the defendant was in jail or attempting to escape prison
• The killing was a murder for hire
• The defendant intentionally killed the victim while in the process of committing one of certain enumerated crimes such as arson
• The victim was a judge and the murder was committed in retaliation

If you are convicted of murder and none of the foregoing aggravated circumstances apply, sentencing guidelines for non-capital murder will apply – normally, 5 to 99 years in prison. If the court finds that one of the foregoing aggravated circumstances was present, however, you will be sentenced either to death or to life without parole. Even if one of the foregoing aggravated circumstances is present, however, you will not necessarily be sentenced to death.

• Lack of intent to kill, seriously injure or commit a felony (intoxication is sometimes a defense)
• Lack of knowledge: Burning down a building without realizing someone was inside, for example
• Self-defense or defense of others
• Insanity
• Mistake of fact: “I didn’t know gun was loaded”, for example
• Illegal search and seizure (to disqualify evidence)
• Violation of defendant’s right to remain silent (to disqualify a confession, for example)
• Youth: To qualify for the death penalty in Texas, you must have reached your 17th birthday by the time you committed the crime