Deer Park, TX asked in Criminal Law for Texas

Q: My father committed suicide a month ago. His wife at the time knew he was going to do it. is there anything i can do?

His wife knew when and where it was going to happen the same day he committed suicide and nothing was said to anyone. She saw on their bank statement he bought a gun and proceed to keep it to herself.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Criminal Law:

It is against the law to allow a child under 17 unsupervised access to a loaded firearm, but there is no such law for adults. Buying a gun is not a crime and actually committing suicide is not a crime. Helping a person commit suicide is class C misdemeanor, which is the lowest level of crime, akin to speeding or running a stop sign. Actually *causing* a person to commit suicide is a state jail felony. Sec. 22.08 Penal Code. A conviction can have professional licensing consequences for a nurse or employee of a state-regulated healthcare facility, but this is a matter of civil (administrative) law. The use of physical force to prevent suicide can be a legally justifiable defense in an Assault case but does not create an affirmative duty to use force or prevent suicide.

Civil Law:

Civil is not my practice area. In addition to the administrative law mentioned above, you should ask a Family Law attorney about any issues related to wills and estates. If the family law attorney can't answer questions relating to the Texas Insurance Code then ask for an appropriate referral. If you are thinking about trying to sue her, you might want to ask about "the assumption of the risk" which I believe creates an affirmative defense in suicide cases but again, that is not my area. This is not legal advice. I'm just suggesting some questions you might want to ask. I don't know the answers.

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