What Is the Max Sentence for Vehicular Assault in Texas? | Sparks Law Firm

Vehicular assault charges are very serious in Texas. These charges can lead to serious consequences, including jail time. When people start to research for more information about what the max sentence is for vehicular assault charges, they or their family member may be facing these charges.

In Texas, the law does not formally define charges as "vehicular assault" or "vehicular manslaughter." Instead, the courts use other state statutes, like intoxication assault or aggravated assault with a deadly weapon.

Depending on the charges, if a person committed aggravated assault and is found guilty, they can spend life in prison. This is why an effective defense is so important.

Sparks Law Firm is a Fort Worth law firm that deals with such cases, and where accused people can work with an experienced criminal defense attorney. By working with a criminal defense lawyer, an accused person and their family can learn more about how Texas treats vehicular assault charges, what possible penalties might be on the table, and why it's so important to work with a law office with experience in these cases. They can also help with questions like What is the penalty for vehicular assault in Texas?

Understanding Vehicular Assault in Texas

Texas does not have a specific crime known as "vehicular assault," though most people will recognize the term. Our team can answer questions such as What are the different types of vehicular assault charges in Texas? When someone is accused of causing serious bodily injury to another person with a vehicle, Texas law considers it one of two charges, in most cases:

• Intoxication Assault (Texas Penal Code §49.07)

• Aggravated Assault (Texas Penal Code §22.02)

Depending on the nature of the offense, whether it involves intoxication intent, recklessness, or the use of a vehicle as a weapon, it directly influences the charges and the maximum sentence.

Reckless driving is a similar charge, but it's not as serious. In Texas, it is classified as a class B misdemeanor.

What Is the Max Sentence for Intoxication Assault in Texas?

A charge can be considered intoxication assault when the accused, while operating a motor vehicle, is under the influence and causes serious bodily injury to another person. Serious bodily injury is legally defined as one that creates a significant or substantial risk of death, causes the loss or impairment of a bodily member, permanent disfigurement, etc.

In Texas, intoxication assault is classified as a third-degree felony charge. However, the charges can be elevated to a second-degree felony if certain aggravating factors are present.

A third-degree felony comes with a prison sentence of two to ten years in prison. There are also fines associated with this charge, up to $10,000.

A second-degree felony is even more serious. Intoxication assault is elevated to a second-degree felony when the victim is a certain person, including a peace officer, firefighter, or EMT. In this case, the jail sentence can range from two to 20 years in prison, and again, the fine can be up to $10,000.

In addition to this, a conviction can also bring other penalties including license suspension, community service, mandatory rehab, and probation.

What Is the Max Sentence for Aggravated Assault with a Vehicle?

When person intentionally operates a vehicle in a reckless or intentional manner, plus causes serious bodily injury to a specific person or other drivers, they can be charged with aggravated assault. In a case where a person commits assault and uses the vehicle as a weapon, the prosecution may argue that the charge should be elevated from a second-degree felony to a first-degree felony.

A second-degree felony, which is generally referred to as aggravated assault without aggravating factors, the sentencing guidelines are the same as above; two to 20 years, and a hefty fine of up to $10,000.

A first-degree felony, which is considered aggravated assault with a deadly weapon, the sentencing ranges from five years to 99 years in prison, or life in prison. Again, there is also a fine of up to $10,000.

If the court determines that the accused person was using the vehicle as a weapon, even if there was no physical contact, the charges become even more serious. Even the threat of imminent bodily injury or bodily harm can cause prosecutors to bring upon these charges, as for assault, intent is important. This is why it's so important to have legal counsel who is familiar with vehicular crimes and other serious charges.

What Factors Influence Sentencing?

There are a number of factors that can elevate criminal charges, which bring more serious sentences. These include:

1. Level of Intoxication

If the accused has a high blood alcohol content following blood tests, if the are found to be using drugs, or a combination of both, it can increase the charges.

2. Intent or Recklessness

A car crash that is an accident is very different than an accident caused by excessive speeding or driving recklessly with the intent to cause harm. Thus, with intent, the charges have more severe potential penalties when compared to accidents.

3. Injury Severity

The severity of the injuries is also a factor that can elevate a charge. Extremely serious bodily injury including traumatic brain injury, permanent disfigurement, or loss of mobility can bring upon harsher sentencing in criminal cases.

4. Status of the Victim

If the victim is a certain person, this could also elevate the charges and sentencing. These include, for instance, a security officer on official duty, a public servant acting under color of office, a person's spouse, or anyone in official power. In this case, the charges are automatically elevated.

5. Prior Criminal History

A defendant’s prior criminal record, especially DUI or traffic-related offenses, plays a major role in sentencing. Repeat offenders are far more likely to face the maximum sentence.

Additional Penalties Beyond Prison

Even if a person does not receive the maximum sentence for vehicular assault, a conviction still can carry life-changing consequences:

• Driver’s License Suspension: Often one year or more.

• Felony Criminal Record: Affects employment, housing, and firearm ownership.

• Civil Liability: Victims may sue for damages in civil court.

• Probation Conditions: May include drug testing, community service, and electronic monitoring.

• Restitution: Courts can order payment to victims for medical bills and lost income.

Legal Defenses in Vehicular Assault Cases

Given the extreme stakes involved, it is crucial to have a skilled criminal defense attorney. At Sparks Law Firm in Fort Worth, attorneys examine every element of the case to identify potential defenses:

• Challenging BAC Test Results: Were breath or blood samples mishandled?

• Arguing Lack of Serious Injury: Does the injury meet the legal threshold?

• Reconstructing the Accident: Was the crash really the driver’s fault?

• Intent and Mental State: Was it truly reckless, or was it an accident?

These defenses can be the difference between a felony conviction and dismissal or reduction of charges. For more information, a skilled criminal defense lawyer in Fort Worth may be able to help.

Why Choose Sparks Law Firm as a Criminal Defense Lawyer in Fort Worth?

With years of experience in criminal defense, Sparks Law Firm understands vehicular assault cases. The firm offers aggressive representation, meticulous investigation, and personalized legal strategies to protect clients from excessive sentencing.

Whether someone is facing criminal negligence, third-degree intoxication assault, or a first-degree aggravated assault with a deadly weapon charge, which is a state jail felony, Sparks Law Firm is committed to achieving the best possible outcome—whether that means negotiating a reduced charge or fighting for a full acquittal in court. Those charged with these crimes fact harsh penalties, and prosecutors will try to show that they had wanton disregard for the safety of others.

Call for a free consultation.