What Is Vehicular Assault? A Texas Law Firm Explains

News headlines and police reports might use the term "vehicular assault, but many people don't technically know what this even means. Is it a type of criminal charge? Is it an action? What constitutes vehicular assault cases? If convicted, what are the legal consequences?

Sparks Law Firm is a Fort Worth area legal team that often handles serious criminal cases, and they are experts in vehicular assault law. An experienced criminal defense attorney can help those accused of vehicular assault charges understand the process, and they can help create a valid defense against these charges. They can go over defenses to vehicular assault in Texas.

What Is Vehicular Assault?

The phrase "vehicular assault" is often used in the media and in conversation, but legally, there is no offense known as "vehicular assault" in Texas. Instead, it is a general term that can be used to describe various charges that involved hurting another person while operating a vehicle.

In most cases, a criminal defense law office may describe a vehicular assault as crimes associated with vehicular assault charges include serious bodily harm to the victim, and the defendant is accused of causing injury based on their own criminal behavior.

Depending on the facts, several Texas Penal Code statutes may be used to charge someone with what the public commonly calls vehicular assault.

Common Charges That Constitute Vehicular Assault in Texas

When trying to determine what constitutes vehicular assault charges in Texas, it's important to realize that the offense can fall under different legal categories depending on the circumstances of the case. Here are some of the most common:

1. Intoxication Assault (Texas Penal Code §49.07)

The most common charge that people associate with the term "vehicular assault" is intoxication assault. A person can be charged with intoxication assault if they operate a motor vehicle in a public place, if they are intoxicated, and these actions lead to serious bodily injury to another person.

This is a third degree felony and it carries two to ten years in prison. In addition to this, there is also a $10,000 fine and other consequences like the suspension of the person's drivers license.

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

If a person committed aggravated assault, and they used a vehicle to cause the harm, the prosecution may argue that the vehicle, itself, is a deadly weapon. This charge often applies when the accused person drives recklessly and with wanton disregard for the safety of others. When driving carelessly, and they hit other drivers, even in an accident, prosecutors might try to claim the driver intentionally wanted to harm the victim.

In this case, the charge is generally a second-degree felony. However, if the driver caused serious injury by speeding excessively, running from law enforcement, or engaging in road rage, and the victim was a certain person, such as a spouse, a public servant, or an EMT, the charges could be elevated.

3. Criminally Negligent Homicide or Manslaughter

If the injured party later dies from their injuries, the charge may escalate to vehicular manslaughter or criminally negligent homicide (commonly called vehicular homicide). Both of these carry more severe consequences and could be elevated to a first-degree felony.

How Texas Law Defines “Serious Bodily Injury”

The charge of aggravated assault must come with serious bodily injury, or the threat of serious bodily injury. That means, to fully understand these charges, first it's important to know how the state defines serious bodily injury.

Texas Penal Code §1.07(46) defines it as:

"Bodily 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 an injury does not meet this definition, the accused might be charged with lesser crime, such as reckless driving or simple assault.

Key Elements Prosecutors Must Prove

To convict a person of vehicular assault, the prosecution must prove that the accused was operating a motor vehicle, that they were either intoxicated or driving in a reckless or negligent way, and that the victim suffered a serious bodily injury.

In a case where the defendant is charged with intoxication assault, the prosecution must also prove that the injury was caused due to the intoxication.

What to Do When Accused of Vehicular Assault

Facing charges related to vehicular assault is very serious. If convicted, there could be a lot of jail time, heavy fines, a permanent criminal record, and other serious consequences. When someone is accused of vehicular assault charges, they should do the following:

1. Use the Right to Remain Silent

Anything said to law enforcement can be used in court. Politely decline to answer questions until your attorney is present.

2. Contact a Criminal Defense Lawyer Immediately

An experienced attorney—like those at Sparks Law Firm—can begin building a defense, preserving evidence, and protecting your rights from the very beginning.

3. Avoid Discussing the Case Publicly

Do not speak to media outlets, post on social media, or communicate with other involved parties until you’ve consulted with your lawyer.

Potential Defenses to Vehicular Assault Charges

Depending on the facts of the case, several legal defenses may be available, including:

• Lack of intoxication or improper chemical testing

• No serious bodily injury as defined by law

• Another driver was at fault

• Mechanical failure or unforeseen emergency

• Violation of constitutional rights during arrest or testing

The legal team at Sparks Law Firm evaluates each case thoroughly to determine the best strategy for defense.

Penalties for Vehicular Assault in Texas

Penalties for vehicular assault charges in Texas vary based on the several factors, but potential consequences include:

• Felony conviction

• Prison sentence (2 to 20 years)

• Fines up to $10,000

• Civil lawsuit

• Driver’s license suspension

• Probation or mandatory community service

• Court-ordered rehabilitation programs

In some cases, it may be possible to negotiate a reduced charge or alternative sentencing through a plea deal, which is something that some lawyers might do, as it often means the client can get a better outcome.

Sparks Law Firm: Defending Clients Accused of Vehicular Assault

With a strong reputation in Fort Worth, Sparks Law Firm has the experience needs to handle serious vehicular crimes. The team takes a client-focused, aggressive approach to help defend their clients against these charges. They can consult on the different elements of vehicular assault in Texas.

Some of the considerations include challenging field sobriety tests, reconstructing accident scenes, and consulting with expert witnesses.

Anyone facing vehicular assault charges, should contact an experienced legal counsel immediately. The consequences are too serious to face alone. Contact Sparks Law Firm in Fort Worth, Texas today for a free consultation.