Murder or manslaughter? Here's what the charges mean in the Texas trial of Karmelo Anthony
As the murder trial of 19-year-old Karmelo Anthony unfolds inside a Collin County courtroom, his defense team has asked jurors to consider a lesser charge.
While most states have a distinction between first-degree murder and second-degree murder, the state of Texas does not. Texas law only creates a difference between capital murder and murder.
Tuesday, before closing arguments, Anthony's defense attorney also objected to the jury instructions not including criminally negligent homicide as a lesser charge that the jury could consider.
Prosecutor Bill Wirskye argued that criminally negligent homicide should not be an option for the jury because there isn't "any evidence in the record that the defendant was unaware that his actions could lead to death."
Collin County John Roach also overruled this objection. The jurors are deliberating between murder and manslaughter.
What's the difference between murder and manslaughter
According to Texas Penal Code § 19.02, the defendant, in this case Anthony, must have knowingly and willingly caused the death of another person to be charged with murder.
According to Texas Penal Code § 19.04, the defendant must be proven beyond a reasonable doubt to have recklessly caused the death of a person to be charged with manslaughter.
The major difference is the "intent" of the defendant.
How long does a murder sentence carry vs. manslaughter
If the jury decides to convict on the murder charge, Anthony would face a prison sentence of 5-99 years or life in prison. A manslaughter conviction would bring a sentence of 2-20 years in prison.
The charge of criminally negligent homicide is a state jail felony, the lowest level of felony offense in Texas law. A state jail felony brings a sentence of 6 months to 2 years in prison.
What may happen in the Karmelo Anthony case
CBS News Texas spoke with criminologist Dr. Alex Del Carmen, who believes that Anthony's case meets the threshold of manslaughter.
"He didn't get up with the intent to kill someone, but he knew the risks taking that knife to campus and pulling it out," Del Carmen said. "Self-defense or not, rational choices needed to be made."
However, jurors have different ways of interpreting facts.