My sister was killed while waiting for a bus, the driver was racing and then fled the scene. They have since found the driver and charged her with criminal negligent homincide and failure to stop and render aid. Since I can get no answers from the prosecuter at this time I need help to find out what type of punishment this person can recieve. Please help.
2007-02-28 05:47:50 · 3 answers · asked by Sonia T 1 in Politics & Government ➔ Law & Ethics
Straight from Texas Statutes
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.
§ 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as
provided by Subsection (c), an individual adjudged guilty of a
state jail felony shall be punished by confinement in a state jail
for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged
guilty of a state jail felony may be punished by a fine not to exceed
$10,000.
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
(17) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
So, it looks like 180 days to 2 years on the criminally negligent homicide, unless they deem the car a "deadly weapon."
As for failure to stop and render aid. . .I doubt if that would add much, if anything at all.
2007-02-28 06:03:09 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
Criminally Negligent Homicide Texas
2016-12-17 10:27:44 · answer #2 · answered by milhollen 4 · 0⤊ 0⤋
Negligent Homicide Sentence
2016-11-07 06:09:11 · answer #3 · answered by ? 4 · 0⤊ 0⤋
RE:
under Texas law, What is criminal negligent homicide and what punishment does it involve?
My sister was killed while waiting for a bus, the driver was racing and then fled the scene. They have since found the driver and charged her with criminal negligent homincide and failure to stop and render aid. Since I can get no answers from the prosecuter at this time I need help to find out...
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