Defenses to Vehicular Assault in Texas: What You Need to Know

Vehicular assault charges are serious, and there are harsh penalties associated with these charges.

When someone is injured in a car accident, and the driver is believed to be the at-fault party, prosecutors might file assault charges against that driver.

However, even if a person is charged with a crime like vehicular assault, that doesn't mean that they are guilty. Even if someone has committed aggravated assault, there might be other circumstances that need to come into play, and the only way to navigate this is with an outstanding attorney. They can help with questions like What are the different types of vehicular assault charges in Texas?

Sparks Law Firm in Fort Worth is a criminal defense firm that pairs legal strategy with a strong defense for their clients. The team will do their best to get the best possible outcome for their clients, and they are committed to creating strong defenses to vehicular assault charges in Texas. What are the strongest defenses to vehicular assault in Texas? Let's find out:

What Is Vehicular Assault in Texas?

Texas law doesn't have a specific offense called "vehicular assault," though many people use this term to describe other crimes that the state recognizes from reckless driving to manslaughter. Some of the most common charges people associate with vehicular assault include:

• Intoxication Assault (Texas Penal Code §49.07)

• Aggravated Assault with a Deadly Weapon (Texas Penal Code §22.02)

• Deadly Conduct (Texas Penal Code §22.05)

• Criminally Negligent Homicide or Manslaughter (if the victim dies)

All of these charges can come with serious penalties, and those accused with these crimes face significant jail time, suspension of their driver's license, and felony charges on their permanent record.

This is why an experienced criminal defense attorney is so important for people who have been charged with any of these crimes. A lawyer will help to minimize the charges and will do their best to defend their client and can help advise on questions like What Is vehicular assault?

Common Legal Defenses to Vehicular Assault Charges

When it comes to defending clients against vehicular assault charges in Texas, attorneys have a number of options. There is no "one-size-fits-all" approach here, and every case is different.

However, there are some common defense strategies that an attorney might use following a motor vehicle accident that results in vehicular assault charges:

1. Lack of Intoxication

In cases of intoxication assault, the prosecution must prove that the accused party was intoxicated at the time the accident occurred. A defense attorney can challenge this in a number of ways.

First, they can argue that the field sobriety test results are not reliable. They might also argue that any blood tests or breathalyzer tests that were done were not legal, that the machines were not properly calibrated, or that the tests were not done legally. Additionally, since blood alcohol levels can rise or fall over time, a test that took too long to administer can lead to misleading results. A lawyer might also try to prove that there were issues in the handling of evidence.

2. Causation Challenges

Another element in vehicular assault cases is causation. This means that the prosecutors must prove that the actions of the accused person directly caused the injuries of the victim.

A defense attorney can try to prove that the injury was due to the victim's own negligence, such as if they suddenly changed lanes or if they were jaywalking. An attorney might also try to prove that other drivers caused the accident, or that the injury wasn't as serious as prosecutors claim. The attorney might also be able to prove that any injuries were unrelated to the crash or pre-existing.

3. No Serious Bodily Injury

Many of these charges depend on the definition of serious bodily injury. In Texas, it is defined as:

"Bodily injury that creates a substantial risk of death, causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

The victim might have received bodily harm in the incident, but if it doesn't meet the legal definition, above, the charge might not stick. Medical records, witness statements, or video evidence might all be used to challenge the charges.

4. Lack of Recklessness or Intent

In cases where the accused is facing charges of aggravated assault with a deadly weapon, the state must prove that the driver acted in a way that showed wanton disregard for the life of the victim. In other words, they will try to show that the accused acted intentionally, knowingly, or recklessly, and that caused the accident. If the accused person's attorney can show that the accident was, indeed, an accident, and that the driver had no intention of harming the victim, charges could be reduced.

5. Necessity or Sudden Emergency Doctrine

There is also a necessity defense that allows the driver to argue that the accident was caused by an action taken to avoid more serious harm. For instance, if the driver had to swerve to avoid an animal, and they hit another car, it can lower the charges.

6. Violation of Constitutional Rights

In the United States, Constitutional rights also come into play, and law enforcement officers must follow the U.S. Constitution when conducting traffic stops, arrests, or chemical testing.

This might come into play in situations where the vehicle was stopped illegally, if they were arrested unlawfully, if they were not read their Miranda rights, and if a blood test was done without a warrant.

7. Involuntary Intoxication or Medical Condition

Though it's rare, it's possible for someone to be intoxicated unknowingly due to a spiked drink or an unexpected drug interaction. It's also possible that a medical condition, like seizure or a diabetic episode, might cause the accident. In these cases, the defense can try to prove that the accused had no control over their condition.

Why Legal Representation Is Critical

At Sparks Law Firm, the team will carefully evaluate all parts of their client's case including the following:

• Accident reconstruction

• Medical records

• Toxicology reports

• Witness interviews

• Bodycam footage

What Happens If a Person is Convicted?

In these cases, if a person commits assault, they can be charged with a misdemeanor, a third-degree felony, a second-degree felony, or a first-degree felony. Consult a criminal defense law office for more details.

A misdemeanor charge typically doesn't involve jail time, though it's still possible. A third-degree felony comes with charges ranging from two to ten years in prison and a second-degree felony charge can lead to up to 20 years in prison. A first degree felony can come with jail time of up to 99 years, or life in prison. Many criminal charges also come with fines. In assault criminal cases, these hefty fines are up to $10,000.

Any of these charges can be elevated depending on the victim, too. If the person's spouse is the victim, or a public servant, including a security officer, police officer, EMT, or others in official power, charges might be more severe.

A prison sentence isn't the only issue, though. A person convicted of these crimes may have their driver's license suspended, they will get a felony charge on their permanent record, and probation or mandatory rehab.

The prosecution will try to prove the person intentionally caused or threatened imminent bodily injury. However, an effective defense can push the scales in the favor of the defendant.

Work with Sparks Law Firm and Create a Strong Defense

Every vehicular assault case is unique. The difference between a conviction and a dismissal often lies in the details—and the quality of your defense.

Anyone facing a vehicular assault charge in Fort Worth or Tarrant County should contact Sparks Law Firm today for a confidential consultation. The sooner an experienced defense attorney gets involved, the better the chances of a favorable outcome.