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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

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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.

Asker

Posted

Thank you

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

you're welcome

Posted

Weitz laid it out well

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.