Elements of Vehicular Assault in Texas: What You Need to Know

Vehicular assault is a very serious offense in Texas. It often results from a traffic incident that causes significant injury due to impairment or reckless driving. Though there is not a technical charge in Texas called "vehicular assault," when people refer to vehicular assaults, they really use it to describe several other offenses.

Sparks Law Firm is a Fort Worth-based law firm that works with clients accused of these charges and helps them understand the charges against them. Understanding the elements of vehicular assault in Texas can help those accused of these crimes understand them and what they can expect from these charges. Our team can help with questions like What is vehicular assault?

Understanding Vehicular Assault Under Texas Law

Since Texas doesn't have a specific "vehicular assault" charge, when people speak of vehicular assault in Texas, they generally are speaking of one of the following charges:

• Intoxication Assault (Texas Penal Code §49.07)

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

• Reckless Driving leading to Injury

• Criminally Negligent Homicide

All of these crimes have something in common; someone operated a motor vehicle in a way that led to serious bodily injury of another person, or they threatened imminent bodily injury, even if they didn't make physical contact. In most of these cases, the injuries are due to intoxication, reckless driving, or criminal negligence.

The Core Elements of Vehicular Assault in Texas

In a criminal assault case, the prosecutor must prove that these legal elements are true beyond a reasonable doubt. In other words, if a person commits assault, the prosecutor has to prove all of the following elements for a charge to stick:

1. Operation of a Motor Vehicle

The most important part of a vehicular assault case is that the person commits an offense while operating a motor vehicle. In Texas, a motor vehicle includes cars, trucks, motorcycles, other any vehicle that can be legally driven on a public road, even uncommon vehicles like a mobile amusement ride. The prosecution must show that the accused person was in control of the vehicle, that the vehicle was being driven at the time the incident occurred, and that the driving occurred in a public place.

2. Intoxication (if charged as Intoxication Assault)

If prosecutors want to charge the accused of intoxication assault, they must prove that the driver was intoxicated when the offense occurred. They will do this in the following ways:

• Show that the driver had a Blood Alcohol Concentration of 0.08% or more

• Show the driver was using illegal or prescription drugs that impair the physical or mental faculties

• Use evidence from field sobriety test, blood tests, or breathalyzer results

It's not enough to show that the driver has consumed drugs or alcohol; they have to specifically prove that the incident was directly caused by the intoxication.

3. Causation of Serious Bodily Injury

The most critical part of a vehicular assault charge for the prosecutor is this: vehicular assault causes serious bodily injury, and a prosecutor must prove this. It's not just a "serious injury." The injury must meet the definition of a serious bodily injury as found in Texas Penal Code §1.07(a)(46)

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

If the prosecutor can't prove this, or if the defense attorney can prove doubt, it could affect the charges.

4. Criminal State of Mind

Additionally, different charges require different mental states. For example, in an intoxication assault case, the prosecutor doesn't need to prove that the accused wanted to cause bodily injury to another. However, they must prove intoxication. In the case of aggravated assault with a deadly weapon, the prosecutor must prove intent to cause harm. In a criminally negligent homicide, the prosecutor must show gross negligence. It isn't enough to just prove that the accused person was careless.

Additional Factors That May Impact Vehicular Assault Charges

The elements listed above must be present for a charge to hold up in court, but there are also several aggravating factors that may influence the charge and the penalties. These include:

• Previous history of DWI or other charges

• Injuries to certain people including the person's spouse, a security officer, a peace officer, emergency worker, prospective witness, or public servant acting within the official duty of their job

• Use of the vehicle as a deadly weapon

• Hit-and-run behavior following a car accident

Penalties Associated with Vehicular Assault

Depending on how the offense is charged, there are different penalties associated with these charges. Here are some of the general guidelines:

• Intoxication assault is usually a third-degree felony. This comes with 2 to 10 years in prison and fines of up to $10,000

• Aggravated assault with a deadly weapon is usually a second-degree felony. In this case, the accused could get up to 20 years in prison

• If there is an aggravating factor, the charges can be elevated to a first-degree felony, which carries up to 99 years in prison, or life in prison.

These are all very serious consequences, and the prosecutor will do all they can to convince others that the accused acted with a willful or wanton disregard for the safety of others. This is why it's so important to have the top criminal defense attorneys helping to build a defense from the start.

Legal Defenses Against Vehicular Assault Charges

Since all of these elements must be proven beyond a reasonable doubt, a good attorney can help create a solid defense. Some of the most common legal defenses include:

• Challenging intoxication evidence, such as a faulty breathalyzer or tainted blood test

• Disputing causation by arguing that the injury was not the direct result of the accused person's conduct

• Disputing the severity of the injuries or

• Arguing that there was a mechanical failure or other unforeseeable causes

• Violation of constitutional rights

The legal team at Sparks Law Firm takes each case seriously, and the goal is to always create a personalized defense strategy for every client.

Reach Out to Sparks Law Firm for a Legal Defense, Today

Having an experienced attorney is the key to getting the best defense possible. Sparks Law Firm is a solid choice for those in the Fort Worth area.

It doesn't matter if a person is facing intoxication assault charges, if the person acts in a reckless manner, or if the person was simply in the wrong place at the wrong time. The team at Sparks Law Firm will create a defense for their client, even if the person intentionally had a moment where they were going over the speed limit or under the influence of a controlled substance.

As always, Sparks Law Firm will work to get the best possible outcome for their clients. Call today for a free consultation.