An attempted murder sentence in Texas is normally 2 to 20 years in prison plus a fine of up to $10,000, because the offense is a second-degree felony. When the intended victim was a peace officer, firefighter, child under ten, or another person protected under the capital murder statute, the charge rises to a first-degree felony and the range jumps to 5 to 99 years or life.
Why the Standard Range Is 2 to 20 Years
Texas has no standalone attempted murder statute. The charge combines the criminal attempt law in Penal Code Section 15.01 with the murder statute in Section 19.02.1State of Texas. Texas Penal Code 15.01 – Criminal Attempt2State of Texas. Texas Penal Code 19.02 – Murder Under the attempt statute, the offense is classified one category below the completed crime. Murder is a first-degree felony, so attempted murder drops to a second-degree felony.
A second-degree felony in Texas carries 2 to 20 years in prison and an optional fine of up to $10,000.3State of Texas. Texas Penal Code Chapter 12 – Punishments Where a sentence lands inside that range depends on the facts: how close the attempt came to killing the victim, the defendant’s criminal history, whether a weapon was involved, and how badly the victim was hurt. Judges and juries have wide discretion within the statutory band.
Prosecutors must prove the defendant actually intended to kill. That intent element is what separates attempted murder from aggravated assault, which requires only serious bodily injury or use of a deadly weapon. Because intent is rarely spoken aloud, it is usually proved through circumstantial evidence: the weapon used, where shots or blows landed, how many times, and what the defendant said before or during the attack.
When the Sentence Jumps to First-Degree
Certain intended victims and circumstances push the case into attempted capital murder territory. Capital murder under Penal Code Section 19.03 covers killings of peace officers and firefighters acting in the line of duty, murders committed during kidnappings, robberies, and other specified felonies, and murders of children under ten. When the completed offense would be capital murder, the attempt drops one category to a first-degree felony rather than a second.
A first-degree felony carries 5 to 99 years or life in prison, plus a possible fine of up to $10,000.3State of Texas. Texas Penal Code Chapter 12 – Punishments The floor more than doubles and the ceiling opens all the way to a life term.
What Pushes a Sentence Toward the High End
Within either range, several factors weigh against the defendant at the punishment phase:
- Use of a firearm or explosive, especially one the defendant possessed illegally.
- Evidence of planning, such as stalking the victim, acquiring specialized tools, or researching methods, which prosecutors present as proof of deliberation.
- Multiple intended victims, which can be charged as separate counts and stacked as consecutive sentences.
- Vulnerable victims, including children and the elderly.
- Prior violent felony convictions, which can trigger habitual-offender enhancements.
Plea bargains can reduce exposure, but any agreement needs judicial approval, and prosecutors in these cases tend to resist substantial concessions.
Probation Is Rarely Available
Texas calls probation “community supervision,” and most attempted murder defendants cannot get it. If the court makes a deadly weapon finding, a judge has no authority to grant community supervision on their own. Only a jury can do so, and only after hearing the whole case.4State of Texas. Texas Code of Criminal Procedure Art. 42A.054 Because most attempted murder prosecutions involve a weapon of some kind, that restriction applies in the majority of cases.
Where probation is granted, the conditions are strict: regular reporting, rehabilitation programs, community service, curfews, and travel limits. Any violation can result in revocation and imposition of the full original prison term.
Parole Timing
How soon an inmate becomes eligible for parole depends on whether the judgment carries a deadly weapon finding. For a standard second-degree felony without special findings, eligibility generally arrives when actual time served plus good-conduct credit equals one-fourth of the sentence.
A deadly weapon finding changes the calculation. Under Government Code Section 508.145, an inmate with an affirmative deadly weapon finding must serve calendar time equal to one-half of the sentence, and good-conduct credit does not count toward eligibility.5State of Texas. Texas Government Code 508.145 – Eligibility for Release on Parole On a 20-year sentence, that means 10 calendar years before the Board of Pardons and Paroles will even consider the case.
Eligibility is not release. The Board weighs the circumstances of the offense, disciplinary record, psychological assessments, and victim statements. Violent crimes draw closer scrutiny, and many eligible inmates are denied. Anyone who is released remains under conditions, including employment requirements and no-contact orders, and a violation sends them back inside.
Restitution
A sentence in Texas can also include restitution to the victim. Under Article 42.037 of the Code of Criminal Procedure, restitution covers medical treatment, physical therapy, rehabilitation, lost income, and property damage caused by the offense.6State of Texas. Texas Code of Criminal Procedure Art. 42.037 – Restitution In attempted murder cases where the victim survived with serious injuries, medical expenses alone can reach hundreds of thousands of dollars. Restitution is separate from any fine and survives incarceration; the debt is still owed after release. Courts can also direct restitution to the state’s Crime Victims’ Compensation Fund if it has already paid the victim.
Life After the Sentence
The prison term is not the end of the consequences.
Firearms
Under Texas Penal Code Section 46.04, a convicted felon cannot legally possess a firearm for five years after release from confinement or supervision, whichever comes later, and after that five-year period possession is limited to the person’s own home.7State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm Federal law under 18 U.S.C. § 922(g) is stricter and imposes a lifetime possession ban anywhere in the country.
Voting
A felony conviction suspends voting rights in Texas, but only until the entire sentence, including incarceration, parole, and community supervision, is fully completed.8Texas State Law Library. Can a Person Convicted of a Felony Vote in Texas? On a long attempted murder sentence with years of parole afterward, that wait can stretch decades.
Immigration
For non-citizens, the immigration consequence often outweighs the prison term. Federal immigration law at 8 U.S.C. § 1101(a)(43) specifically lists an attempt to commit murder as an aggravated felony.9Legal Information Institute. 8 U.S.C. 1101(a)(43) – Definitions An aggravated felony conviction makes a person deportable, cuts off most forms of relief from removal, and permanently bars re-entry to the United States.