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Exactly what is criminal negligent manslaughter and how many years do you receive??

Dallas, TX |

what would i do if a coporate executive had a product but he claimed he did not know it was killing humans how would you punish that person.? i would punish him by criminal negligent manslaughter but i wanted to see if that would be the right label for the crime. If it is how many years would that person receive, because i can not find it no where stating sentencing for different crimes. if you a lawyer could please help me i would really appreciate it . Thanks

Attorney Answers 3

Posted

Try this from the Texas Penal Law:

§ 19.04. MANSLAUGHTER. (a) A person commits an offense
if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second
degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 19.04 by Acts 1973, 63rd
Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974. Amended
by Acts 1987, 70th Leg., ch. 307, § 1, eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Penal Code § 19.05 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Manslaughter is "reckless"; there is no such crime as criminally negligent manslaughter. There is a crime in most states called criminally negligent homicide.

In Texas :

§ 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person
commits an offense if he causes the death of an individual by
criminal negligence.
(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 19.06 by Acts 1973, 63rd
Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 19.07 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

You will find a good explanation of these crimes on the following website. I do not know these lawyers, nor do I have any interest in your going to their website, but I found their explanations clear:

www.Rosenthalwadas.com

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

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Asker

Posted

Thank you

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

you're welcome

Posted

Weitz laid it out well

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Posted

Attorney Weitz is corrct. Criminally Negligent Homicide is Penal Code 19.05. State Jail Felony sentence, if convicted, is 180 days to 2 years in state jail and up to $10,000 fine.

BEST ANSWER I got....and I hope I was HELPFUL! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.

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