Last Updated: August 13, 2026.
If you or a loved one is facing a murder charge in Texas, Missouri, Illinois, or Kansas, understanding the exact charge is the first step toward building a strong defense. Below, we break down what the law says in each state, what happens after an arrest, and how to protect your rights from day one.
What is Murder Under the Law?
Murder is the most serious charge a person can face. However, the exact definition and penalty change depending on which state files the charge. Because of this, it helps to know the specific law that applies to your case.
Murder Laws by State
Texas
Murder / Capital Murder (Tex. Penal Code §§ 19.02, 19.03)
Murder is a first-degree felony. Capital murder adds factors such as killing a peace officer or committing murder during another felony, and it can carry a life or death sentence.
Missouri
First & Second Degree Murder (Mo. Rev. Stat. §§ 565.020, 565.021)
First-degree murder requires proof of deliberation. Second-degree murder covers knowing killings, or deaths that happen during another felony.
Illinois
First Degree Murder
(720 ILCS 5/9-1)
Illinois A person commits this charge by intentionally killing someone, knowingly creating a strong risk of death, or causing a death while committing a forcible felony.
Kansas
First & Second Degree Murder (K.S.A. §§ 21-5402, 21-5403)
Kansas — First-degree murder includes premeditated killings and certain felony-related deaths. Second-degree murder covers intentional killings without premeditation.
As you can see, the terms “first degree” and “second degree” do not mean the same thing in every state. For example, Texas does not use the term “first-degree murder” at all — its top charge is capital murder instead. This is one reason why working with an attorney licensed in your state matters so much.
What Happens After a Murder Arrest?
First, police must read you your Miranda rights before any custodial interrogation. This rule comes from the U.S. Supreme Court case Miranda v. Arizona, 384 U.S. 436 (1966). You have the right to remain silent, and anything you say can be used against you in court.
Next, the Sixth Amendment of the U.S. Constitution guarantees your right to an attorney. You do not have to answer questions without your lawyer present. In fact, the sooner you contact a defense attorney, the sooner someone can start protecting your rights, gathering evidence, and preparing your defense.
Finally, remember that an arrest is not a conviction. Under the law, you are presumed innocent until the state proves your guilt beyond a reasonable doubt.
Why You Need a Defense Attorney Immediately?
A murder charge can change the course of your entire life. Because the stakes are so high, waiting to hire a lawyer can hurt your case. An experienced defense attorney can:
- Review the evidence against you
- Challenge unlawful searches, arrests, or confessions
- Negotiate with prosecutors when appropriate
- Build a defense strategy designed around the facts of your case
- Stand beside you at every court appearance
Committed to Our Communities
At the Law Offices of Roderick C. White, we understand that trust between a law firm and the community it serves has to be earned. We’ve proudly served hundreds families across Texas, Missouri, Illinois, and Kansas, and we know that facing the criminal justice system can feel overwhelming — especially when you are worried about being treated fairly. That is why our team works to make sure every client understands their rights, every step of the process, and every option available to them. We offer service in Spanish, and we are available around the clock because a phone call can happen at any hour.
In addition to criminal defense, our firm also handles Accident/Injury cases. So if your family is dealing with both a criminal matter and an injury claim, we can help with both under one roof.
GOT QUESTIONS?
Everything you need to know before you call
We answer the questions our clients ask most
Is capital murder the same as first-degree murder?
Not exactly. In Texas, capital murder is the most serious homicide charge and can lead to life without parole or the death penalty. Other states, like Missouri and Kansas, use “first-degree murder” as their top-level charge instead.
Can I talk to police without a lawyer?
You are not required to. You have the right to stay silent and to ask for an attorney before answering any questions.
How fast should I contact a defense attorney?
As soon as possible. Evidence, witness memories, and legal deadlines move quickly, so early legal help can make a real difference in your case.
Does an arrest mean I will be convicted?
What should I do if I'm arrested?
Read our full guide on what to do if you’re arrested for a step-by-step breakdown.
What other criminal charges can you help with?
Do you offer flexible payment options?
Talk to a Defense Attorney Today
If you or someone you love has been arrested or charged with murder in Texas, Missouri, Illinois, or Kansas, do not wait to get help. Call the Law Offices of Roderick C. White at 855-i-Got-You for a free, confidential consultation.
This blog post is for informational purposes only and does not constitute legal advice. Laws change, and every case is different — contact our office to discuss the specific facts of your situation.
