What Are the Different Types of Vehicular Assault Charges in Texas?

In Texas, if a person commits an assault and uses a motor vehicle in the assault, it's possible that they will face vehicular assault charges. Per Texas law, there is technically not an official charge called "vehicular assault," but the actions that people associated with this can be charged with other crimes.

Charges in Texas can range from vehicular manslaughter or other relatively minor vehicular crimes to more serious charges like intoxication assault or aggravated assault with a deadly weapon.

People facing these charges are at substantial risk of jail time, and because of this, they need an experienced criminal defense attorney. Sparks Law Firm in Fort Worth is available for those with upcoming criminal cases, and a criminal defense lawyer is available. They can consult on questions such as What is the max sentence for vehicular assault in Texas?

Understanding "Vehicular Assault" in Texas Law

Unlike some states that use the term "vehicular assault," Texas does not. Instead, the acts that involve injury that was caused by a vehicle are prosecuted under different statutes. Which statute depends on the following:

• Whether or not the driver was under the influence of alcohol or drugs

• The level of intent or recklessness

• The severity of the injury

• Whether or not a deadly weapon was involved, which, in this case, is often the vehicle itself

• The status of the victim, i.e. the person's spouse, a public servant, peace officer, EMT, etc.

1. Intoxication Assault (Texas Penal Code §49.07)

One of the most common charges that are related to a car accident that causes harm to other drivers is intoxication assault. This charge occurs when an intoxicated driver causes serious bodily injury to another person as a result of driving a vehicle.

Here are the key elements of this charge:

• The accused was intoxicated or under the influence of alcohol or drugs

• The accused was operating a vehicle in a public area

• The intoxication directly caused serious bodily injury to another person

This crime is classified as a third-degree felony, and there are penalties of two to ten years in prison. Those charged with this felony may owe a fine of up to $10,000. Additional penalties include community service, treatment, or rehab. The courts might also suspend the person's license

The charge can be enhanced in certain situations, such as if the injured person is a peace officer, an EMT, a firefighter, or a public servant. This would elevate the charge to a second-degree felony, which comes with as much as 20 years in prison.

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

When a person commits assault, or even threatening imminent bodily injury, Texas prosecutors can charge them with aggravated assault with a deadly weapon. For instance, if a person intentionally hits someone with a vehicle, the state considers the vehicle to be the weapon. The key elements of this charge include:

• The accused caused serious bodily injury due to their actions

• The act was done with willful or wanton disregard for the safety of other people

• The act was done intentionally, knowingly, or recklessly

This charge is a second-degree felony, but it could be elevated to first-degree felony charges. Again, if the victim is a security officer, a public servant acting in their official duty, a spouse, or prospective witness in another case against the accused.

For a second-degree felony, the accused faces jail time of up to 20 years in prison. For a first-degree felony, a person could spend up to 99 years in prison, or receive a life sentence. Both of these also have other harsh penalties such as a fine of up to $10,000.

3. Deadly Conduct (Texas Penal Code §22.05)

In cases where an accused person drives in a way that places other drivers at risk of injury, even if no injury occurs, they could still be charged with deadly conduct. The key elements for this charge are:

• Recklessly causing another to be put in a situation where they are in imminent danger or serious bodily injury

• The act does not result in injury

This charge is either a class A misdemeanor or a third-degree felony. A class A misdemeanor comes with up to a year in jail and a fine of up to $4,000. A third-degree felony comes with a sentence that could last up to 10 years in prison, and a fine of up to $10,000.

Though these charges are less severe than other vehicular crimes, a deadly conduct conviction still carries harsh penalties, especially if a weaponized vehicle is involved.

4. Manslaughter (Texas Penal Code §19.04)

If a person committed aggravated assault with a vehicle and the victim dies, there are extremely serious consequences, including manslaughter charges. These criminal charges are often given when a driver was criminally responsible, but not intentionally wanting to kill someone. The key elements for this charge include:

• Reckless behavior from the accused resulting in the death of another person

• No intent or premeditation to kill the victim

This charge is typically a second-degree felony that comes with up to 20 years in prison, plus a fine of up to $10,000.

Manslaughter is technically not classified as "vehicular assault," but it is often lumped into the same type of cases.

5. Criminally Negligent Homicide (Texas Penal Code §19.05)

With this charge, it it applied when a person dies as a result of the criminal negligence of the driver. The key elements here, include:

• Conduct that involves a gross deviation from reasonable care

• The negligence lead to the death of another person

Penalties range from 180 days to up to 2 years in a Texas state prison and fines of up to $10,000. Generally, this charge is used in cases where the driver wasn't intoxicated, but instead was distracted, speeding, or didn't yield, and the result was the death of another. For help on charges like these, the top criminal defense attorneys in Fort Worth may be able to advise.

Additional Enhancements and Aggravating Factors

It doesn't matter what type of assault charges that are pending, some things can make the charges more serious. These include the following enhancements:

• Prior DWI or felony convictions

• Multiple victims injured

• Victim is a child or elderly individual

• Leaving the scene of the accident (hit-and-run)

• Driving without a license or insurance

Why Legal Representation Is Crucial in These Cases

With so many possible charges—and the potential for lengthy prison sentences—anyone facing vehicular assault allegations in Texas should contact a law office like Sparks Law Firm. They can provide information on defenses to vehicular assault in Texas.

The criminal defense team is well-versed in handling cases involving:

• DWI-related injury crashes

• Street racing and reckless driving cases

• Felony-level assault or intoxication charges

• Fatality-related vehicular offenses

The attorneys thoroughly investigate the facts of each case, review accident reports, analyze toxicology data and blood tests, and challenge the prosecution's evidence at every stage. Whether the goal is dismissal, reduction, or fighting for an acquittal at trial, Sparks Law Firm has the experience and dedication necessary to protect clients’ rights and futures.

What are the different types of vehicular assault charges in Texas? From misdemeanors and third degree felonies to a first-degree felony, each charge is serious and may carry lifelong consequences. Legal strategies must be tailored to the exact circumstances of the crash and supported by a skilled defense team.

For a free consultation with the Sparks Law Firm team, call today.