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Vehicular Assault The Experience of a Former Prosecutor

Vehicular Assault Attorney in Corpus Christi

Comprehensive Defense Strategies for Vehicular Assault Charges

Texas law does not have a single criminal offense specifically named "Vehicular Assault." Instead, charges involving serious bodily injury caused by the operation of a motor vehicle fall under several existing criminal statutes, primarily related to intoxication or aggravated assault. These charges reflect a legislative intent to hold drivers accountable for extremely dangerous conduct that results in harm.

At Robert J. Gonzalez, Attorney At Law, we have been representing clients since 1984, providing an unparalleled defense borne from deep legal knowledge and genuine client dedication. As a former Municipal Court Judge, Robert J. Gonzalez offers insights that only a unique combination of judicial and legal experience can provide.

In handling these cases, we focus on unpacking the circumstances surrounding the incident. This meticulous examination includes reviewing accident reports, forensic evidence, and any available video footage. By carefully analyzing these factors, we craft defense strategies that effectively counter the prosecution's claims. Our goal is to ensure every piece of evidence is scrutinized and every possible angle is explored to provide you with a solid defense.

A skilled vehicular assault attorney in Corpus Christi with former judicial experience is available to help. Call (361) 309-9332 or message us now for your free, confidential consultation.

Key Statutes Involved in Vehicular Assault Cases

Intoxication Assault (Texas Penal Code § 49.07)

This is the most common charge for what is colloquially referred to as vehicular assault, especially when alcohol or drugs are a factor. A person commits intoxication assault if, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication, they cause serious bodily injury to another.

  • Elements the Prosecution Must Prove:
    • The defendant operated a motor vehicle in a public place.
    • The defendant was intoxicated (BAC of 0.08% or more, or loss of normal faculties due to alcohol/drugs/other substances).
    • By reason of that intoxication, the defendant caused serious bodily injury to another.
  • Penalties for Intoxication Assault (Third-Degree Felony): Imprisonment for 2 to 10 years and a fine of up to $10,000.

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

This statute applies if a motor vehicle is considered a "deadly weapon" and the driver acts with the necessary intent.

  • Elements the Prosecution Must Prove:
    • The defendant committed a basic assault.
    • The defendant caused serious bodily injury OR used/exhibited a deadly weapon (the vehicle).
    • The defendant acted with criminal intent (intentionally, knowingly, or recklessly). This mental state is a key difference from Intoxication Assault (which requires causation by reason of intoxication).
  • Penalties for Aggravated Assault with a Deadly Weapon (Motor Vehicle):
    • Generally a Second-Degree Felony: Punishable by 2 to 20 years in prison and/or a fine of up to $10,000.
    • First-Degree Felony Enhancement: If the assault is committed against a public servant, a family member (as a deadly weapon finding automatically applies to family violence for certain enhancements), a witness, or security officer, the charge can be elevated to a First-Degree Felony (5 to 99 years or life in prison).

Penalties and Collateral Consequences of Vehicular Assault Convictions in Texas

A conviction for vehicular assault (or related charges) in Texas carries severe and life-altering penalties, extending far beyond incarceration. The impact can be devastating to every aspect of your life.

Direct Penalties:

  • Intoxication Assault: Third-Degree Felony (2 to 10 years in prison, up to $10,000 fine).
  • Aggravated Assault with Deadly Weapon: Second-Degree Felony (2 to 20 years in prison, up to $10,000 fine); can be First-Degree Felony (5 to 99 years or life in prison) depending on aggravating factors.
  • Mandatory Minimum Sentences: While not always explicit, these felony charges often effectively lead to significant prison time due to the severity of the offense and the use of the vehicle as a weapon.
  • Fines: Up to $10,000.
  • Probation/Community Supervision: Possible, but with stringent conditions (e.g., regular reporting, drug/alcohol testing, community service, no contact orders, Ignition Interlock Device for intoxication-related offenses). Violating probation can lead to serving the original sentence.
  • Restitution: You will almost certainly be ordered to pay substantial restitution to the victim for medical expenses, lost wages, pain and suffering, and other damages.

What to Expect in Corpus Christi, TX Courts

When navigated correctly, the local court system can be a partner in your defense. Robert J. Gonzalez leverages his judicial experience to anticipate prosecution strategies and explore every possible defense avenue. Familiarity with local judges and prosecutors can often turn the tide in complex cases.

Those facing charges will first encounter the arraignment process, where pleas are made. Depending on the plea entered, there may be various motions filed to either dismiss or reduce charges. It's crucial to have legal representation during this stage to ensure that your rights are protected and your defense is strategically positioned.

Common Court Procedures

  • Arraignment and plea bargaining opportunities.
  • Pre-trial motions to challenge evidence or dismiss charges.

A Client-Centered Legal Approach

At the heart of our practice is a commitment to individualized client service. Every client receives direct, personalized attention—no intermediaries. This ensures that every aspect of your case reflects your unique circumstances, leading to tailored defense strategies that work.

Our client-first philosophy means we prioritize your needs and concerns, making communication and trust essential components of our service. We understand the anxiety and uncertainty that come with legal proceedings, which is why we ensure you're involved and informed at every step of your case. Whether through in-person meetings or timely updates, our dedication to transparency helps demystify the legal process for you.

Why Choose Robert J. Gonzalez

  • Risk-Free Consultations: Explore your legal options without financial pressure.
  • Decades of Local Experience: Serving the Corpus Christi community for nearly four decades.

Contact Us for a Strategic Defense Today

Facing a vehicular assault charge can be stressful, but you don't have to do it alone. Reach out to Robert J. Gonzalez, Attorney At Law for a dedicated ally in your legal journey. With decades of experience and a client-first approach, Robert J. Gonzalez is ready to provide the personalized, insightful defense you need. 

Start with our risk-free consultation and take the first step towards a formidable defense. Call today at (361) 309-9332 to explore your legal options and regain peace of mind.

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Success Stories Our Happy Clients

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What Makes Robert Gonzalez Different

  • Dedicated Family Focus
    As a family-owned law firm, we prioritize personalized care, treating each client like family. Trust us to navigate your legal journey with a commitment to your well-being and success.
  • A Former Prosecutor on Your Side
    As a former prosecutor, I have a unique understanding of both sides of the courtroom. I can anticipate the prosecution’s case against you and build a highly effective defense strategy accordingly. Allow me to help you with your future.
  • Trusted & Recommended Attorney
    Over the past three decades, I have earned a reputation for providing hard-hitting representation, individualized support and compassionate care to each of my clients.
  • Free Confidential Case Consultations
    I aim to make the legal process as simple and painless as possible for clients. As such, I offer free consultations to help clients get started. Do not hesitate to get in touch with my law firm today to request your initial consultation.
  • More Than 3 Decades of Experience
    With my extensive legal experience and exceptional history of success in your corner, you may increase your chances of securing a favorable case outcome. Representing your rights is more than just a job to me, it is my passion. Put my experience to work for you today.



Frequently Asked Questions

How Can a Vehicular Assault Lawyer in Corpus Christi Help?

An experienced vehicular assault defense attorney—like Robert J. Gonzalez—can critically evaluate the evidence, challenge unlawful police procedures, question the credibility of witnesses, and consult experts to dispute the allegations. His experience as a former judge provides unique insights into local courtroom dynamics and judicial decision-making.

A strong defense may involve reconstructing the accident, presenting medical evidence to clarify injury severity, and arguing that the act was unintentional or unavoidable. Our goal is to protect your rights and pursue the best possible outcome.

What Should I Do If I’m Charged with Vehicular Assault?

Immediately contact a defense lawyer and avoid discussing your case with police or third parties. Gathering details from the incident—photos, road conditions, witness information—can be pivotal. At Robert J. Gonzalez Law, we advise clients to act quickly to preserve evidence and prepare a focused defense.

We also guide you through every phase of the legal process, from arraignment to trial, ensuring that your constitutional rights are respected and your defense is thorough.

Can Vehicular Assault Charges Be Reduced or Dismissed?

Yes, depending on the evidence and legal strategy, charges may be reduced or dismissed. If intent to harm cannot be proven or if procedural errors occurred, the prosecution’s case may weaken. We seek to show mitigating circumstances—such as mechanical failure, medical emergencies, or lack of criminal intent—to reduce the severity of the charges.

Plea bargaining and pretrial diversion may also be viable routes for reducing the impact of a felony charge on your life.

How Does Robert J. Gonzalez’s Judicial Experience Strengthen My Defense?

Robert J. Gonzalez’s experience as a former judge offers deep knowledge of local judicial practices and sentencing tendencies. This perspective allows him to anticipate how prosecutors and judges may respond to certain arguments and tailor his strategy accordingly.

This advantage improves negotiation effectiveness and courtroom advocacy, giving your case a distinct strategic edge that few other attorneys in Corpus Christi can offer.

Will I Lose My Driver’s License if Convicted?

A conviction for vehicular assault often results in a license suspension, particularly if alcohol, drugs, or reckless behavior were factors. However, we may be able to petition for limited driving privileges or contest the suspension entirely depending on your record and case details.

We’ll review the specifics of your situation to explore all options for preserving your driving rights.

What If I Was Involved in an Accident But Didn't Know Someone Was Injured?

In some cases, a driver may be charged even if they were unaware of the injuries at the time. Texas law focuses on the outcome of the conduct, not necessarily intent. However, proving that you were unaware or could not have reasonably known about the injuries may serve as a defense.

We investigate timelines, communications, and the scene to build a credible explanation that supports your position.

Does Insurance Play a Role in Vehicular Assault Charges?

Insurance may cover damages, but it does not eliminate criminal liability. However, showing that you acted responsibly after the incident (such as cooperating with insurers or covering medical bills) may reflect positively during sentencing or plea discussions.

We’ll help you understand how to manage parallel insurance and legal proceedings to avoid missteps that could hurt your case.

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