What Is the Penalty for Vehicular Assault in Texas? — Sparks Law Firm

If someone finds themselves in a situation where they are wondering what the penalty is for vehicular assault in Texas, it's likely that either they or a family member is facing charges.

Texas law does not use the term "vehicular assault" as a standalone offense. Instead, the state considers the vehicle, when used in a way to cause serious injury, as a weapon that can be used to harm another person. Because of this, vehicular assault cases are charged as either Intoxication Assault or Aggravated Assault with a Deadly Weapon, which, again, means that the vehicle is the weapon.

Understanding this is very important, especially if someone is facing vehicular assault charges. Prosecutors will do their best to prove that the accused had total and wanton disregard for the alleged victim. The best case scenario for the accused is to hire an experienced criminal defense attorney as soon as possible and start the process of defense. They can help with questions such as What is the max sentence for vehicular assault in Texas?

There is No Specific “Vehicular Assault” Statute in Texas

Though many people use the phase, "vehicular assault" when they are referring to a specific type of assault with a motor vehicle, Texas law does not label it as such. Instead, legally, Texas Penal Code defines two distinct statutes:

• Intoxication Assault (Texas Penal Code § 49.07), assault committed when intoxicated

• Aggravated Assault (Texas Penal Code § 22.02), assault committed with a vehicle and elevated to deadly weapon status when used to cause injury

Driving recklessly and causing injury or death, or being charged a crime like vehicular manslaughter does not automatically mean that the action is a "vehicular assault." There are specific actions that must be taken for assault in Texas, which is explained, below:

Intoxication Assault (Not a DUI Charge)

Texas Penal Code § 49.07 lays out the requirements of an intoxication assault charge:

• The person was driving or operating a vehicle in a public place

• The person was intoxicated due to using drugs or alcohol

• The other person involved receives serious bodily injury.

Serious bodily injury (Section 1.07(a)(46)) means that an injury has a substantial risk of death, serious permanent disfigurement, or a long-term or permanent impairment of the bodily member or function.

If a person is convicted of this crime, it is a third degree felony, which comes with 2 to 10 years in prison and up to $10,000 in fines. Additionally, since this is a felony charge, the accused will also have to pay court costs, there are probation requirements, and a possible driver's license suspension.

Aggravated Assault with a Vehicle (Deadly Weapon)

Though intoxication assault is a very serious third degree felony offense, a more serious charge is aggravated assault with a vehicle. In this case, the accused individual is charged with using a vehicle intentionally, knowingly, or recklessly to cause a serious bodily injury or death to another person. Physical contact is not necessary. Simply the intent can be considered in such cases.

Under Texas Penal Code § 22.02, a person who is believed to have committed aggravated assault can be charged with either a second degree felony or a first-degree felony. A second-degree felony leads to 2 to 20 years in prison. Fines are also assigned, and in this case, it's up to $10,000 in fines. A first-degree felony charge can lead up to 99 years in prison, or a life sentence, and up to $10,000 in fines.

Reckless Driving

It's also possible that people will hear the term "reckless driving," and believe that this charge is a type of vehicular assault. Reckless driving is a different charge. It is a misdemeanor, and the charges in this case can come with up to 30 days in jail and a $200 fine. If the person commits bodily injury to another, and that person intentionally causes the serious bodily harm, prosecutors will elevate the charge to either intoxication assault or aggravated assault.

Reckless driving and causing a motor vehicle accident, for instance, is not enough to bring upon felony charges. Other examples of reckless driving or recklessly causing an accident include the acts of speeding, illegally passing, evading police, texting while driving, or other traffic violations.

What Triggers a Higher Penalty?

There are two main things that can lead to harsh penalties when a person commits assault. First, it's the fact that the action causes serious bodily injury to another. These are defined as injuries that pose risk of death, permanent disfigurement, or lasting disability. The other thing that can trigger a higher penalty is when the person uses the vehicle as a weapon intentionally or knowingly. The prosecution, in this case, will try to prove that the accused used the vehicle in a way to seriously harm or kill another person, or intentionally or knowingly threatens to use the vehicle to cause imminent bodily injury.

A higher penalty might also be triggered if the accused person is charged with a public servant acting in the scope of their job. This includes a security officer, police officer, EMT, or anyone who may be a public safety officer or a public servant working in their official duty.

In these assault cases, it's important to point out that intent matters, and an accident that causes serious bodily injury or death to another is not the same as a vehicular assault where the accused intentionally meant to cause harm.

Collateral Consequences in Texas

In addition to the penalties mentioned above, in Texas there are also collateral consequences that those convicted might face. These include:

• Probation

• Temporary or total loss of driver's license

• Restitution to injured parties

• Civil lawsuits

• Permanent criminal record, which can affect employment, housing opportunities, and reputation

Why Having a Criminal Defense Lawyer Matters

Facing a felony charge of any kind requires an effective defense strategy from a law office that has experience in dealing with criminal cases. Some of the strategies that this criminal defense lawyer in Fort Worth might use in a vehicular assault case include:

Challenge Accusations

Challenging the accusations that the driver was intoxicated or using reckless conduct

Arguing Against Intent

Arguing that there was no intent from the accused

Negotiating for Lesser Charges

Negotiating for lesser charges or deferred adjucation

Questioning Accuracy of Blood Tests, Ect

Questioning the accuracy of blood sample tests, police procedures, and accident reconstruction

What a Criminal Defense Attorney from Sparks Law Firm Offers in Fort Worth

At Sparks Law Firm, there is a clear understanding of the fear and complexity that comes with a serious crime. Accused people may be worried about potential penalties like prison sentence, what might happen to the person's spouse and family if they have to go to prison, how they might pay the hefty fines, and what any other drivers or prospective witness might say about the circumstances.

Some of the services from Sparks Law Firm include:

• Full case review - They will examine all police reports, evidence and other information associated with the criminal charges

• Aggressive defense - They will challenge test results, intent, and severity of the injury

• Negotiate with prosecution - They will work with prosecutors to reduce charges

• Advocate for alternative sentences - They will consider the possible penalties and instead of prison, they will try to get a lower sentence, or even community service. They also might try to go about lawfully discharging the case.

• After trial assistance - Depending on the outcome, they can help with addressing probation terms, getting the client's drivers license returned or even sealing the record.

Contact Sparks Law Firm for a Strong Defense

For anyone facing charges in Texas, it's important to act quickly. Even if they only suspect they might be charged, it's in their best interest to contact Sparks Law Firm for a free consultation. The attorneys skillfully help the client understand what is happening, and if they are found to be criminally responsible, the firm will help to mitigate the charges and focus on the best possible outcome. They may do things like challenge blood tests, try to lower jail time, or find other ways to help the client. Call Sparks Law Firm today.