Can You Be Charged with Murder Without Pulling the Trigger?

 Posted on July 24, 2025 in Violent Crimes

You do not have to be the person who actually kills another person to face homicide charges in the state of Texas. In certain cases, simply being involved in a crime that results in another’s death can land you behind bars for murder, even when you never actually touched a weapon.

Texas law casts a wide net when it comes to holding people responsible for deadly outcomes, from felony murder to accomplice liability. If you are being charged with murder even though you did not kill someone, consulting with a Houston, TX criminal defense attorney is the best step you can take toward protecting your rights and your future.

Felony Murder in Texas

In the state of Texas, there is intentional killing of another person, felony murder, and aiding the killer. Felony murder consists of causing a death while committing or attempting to commit a felony, even if the death is unintentional.

Some of the most common scenarios where felony murder may be charged include a robbery gone wrong, arson, when the arsonist is unaware of a person inside, kidnapping when the kidnapped person dies, or burglary when the victim is unintentionally killed.

In felony murder, there is no requirement to prove intent to kill; only intent to commit the felony is necessary.  Felony murder is a first-degree felony in Texas, just like intentional murder, so the penalties are the same. A conviction for felony murder could result in a prison sentence of 5 to 99 years, or life in prison, and a fine of up to $10,000.

Although parole is sometimes possible for sentences less than life in prison, it could be limited. The defenses to felony murder include proving that the defendant was not committing the underlying felony, demonstrating mental incapacity, or proving that the death was the result of an intervening event, rather than the underlying felony.

Accomplice Liability and Conspiracy Liability

When a person is an accessory to a murder, the crime can carry the same weight as if he or she had committed the murder. Accomplice liability occurs when an individual intentionally helps or encourages another person to commit a crime. To be convicted as an accomplice, the prosecution must demonstrate that the defendant had the required mental state and engaged in actions that aided the commission of the crime.

As an example, if a person is the "lookout" during a robbery, and a person dies during the robbery, the lookout person can be charged as an accomplice to murder even though he or she had no direct participation in the killing. Criminal conspiracy involves an agreement to commit a crime. All the conspirators can be held liable for the original crime, as well as any other foreseeable felonies committed during the execution of the original crime.

A criminal conspiracy requires that two or more people agree to commit an illegal act. For example, suppose three people decided to rob a jewelry store after hours, assuming no people would be at the store. The person who went inside the jewelry store encountered a person and killed that person. Even though the other two people did not pull the trigger that killed the individual, they were involved in planning to rob the jewelry store, making them part of a criminal conspiracy. Those involved in a conspiracy are liable for the crime they agreed to commit, along with any other felonies committed by a co-conspirator if the other felonies were "foreseeable."

Contact a Houston, TX Criminal Defense Lawyer

If you have been charged with murder, even when you did not kill anyone, your life can be turned upside down. You need a highly skilled Houston criminal defense attorney from Murphy & McKinney Law Firm, P.C. who fully understands the complexities of Texas homicide laws. Attorney Murphy serves as President of the Harris County Criminal Lawyers Association. He is prepared to aggressively defend your charges and work diligently to achieve the best possible outcome. Call 713-229-8333 to schedule your initial attorney meeting.