Vehicular Crime Defense

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Failure to Stop & Give Information (FSGI): 

(ALSO KNOWN AS THE “HIT AND RUN” OFFENSE)

Leaving the scene of an accident, even if you didn't cause it, is illegal in Texas if there were property damage and/or injuries.  In Texas, hit and runs fall under two possible criminal offenses:  Failure to Stop and Give Information (FSGI) and Failure to Stop and Render Aid (FSRA).  Law enforcement also refers to this as Accident Causing Damage (FSGI) and Accident Causing Injury or Death (FSRA).

Failure to Stop and Give Information (FSGI) is a hit and run offense where a person is involved in an accident resulting in damages to either vehicle of over $200. 

In Texas, FSGI is defined as that the operator of the motor vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:

1. Immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;

2. Immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and

3. Remain at the scene of the accident until the driver gives his name, address, Driver’s License information, registration information, insurance information, and (if there’s an injury) provide reasonable assistance to an injured person (e.g., transportation to medical assistance)

FSGI Penalties

• If the damage to all the involved vehicles is less than $200, that is a Class C Misdemeanor.

• If the damage to all the involved vehicles is $200 or more, that is a Class B Misdemeanor.

Failure to Stop & Render Aid (FSRA):

The law requires that a person give certain information and, if injuries (or death), render aid. Failing to stop and render aid is more serious than failing to render information for obvious reasons.

Texas law requires that immediately after an accident involving injury or death all involved drivers shall:

• Stop driving and park the vehicle at the scene of the accident;

• Make sure the vehicle is not obstructing traffic more than necessary;

• Return to the accident if the driver failed to initially stop; and

• Remain at the scene of the accident until the driver gives his name, address, Driver’s License information, registration information, insurance information, and (if there’s an injury) provide reasonable assistance to an injured person (e.g., transportation to medical assistance, call 911 medical, etc.)

FSRA Penalties:

If you are accused of violating the Texas laws of FSRA and the accident resulted in the death of a person, you are facing a second-degree felony that is punishable with confinement in the Texas Department of Criminal Justice – Institutional Division (Prison) for 2 years up to 20 years and/or $10,000 fine.

If you are accused of FSRA and the accident resulted in “serious bodily injury” (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), you are facing a third-degree felony that is punishable with confinement in the Texas Department of Criminal Justice – Institutional Division (Prison) for 2 years up to 10 years and/or $10,000 fine.

If you have been charged in Texas with the act of hit and run, leaving the scene of an accident (failing to stop and give information), or failing to stop and render aid (FSRA), then you need an experienced, proficient attorney that knows the defenses to these types of crimes and help protect your future so that one traumatic event doesn’t negatively affect the rest of your life.  Call Chris.

Vehicular Manslaughter

If you are charged with allegedly causing the death of another person by driving in a reckless manner, you could be facing a second-degree felony punishable by confinement in a Texas Department of Criminal Justice – Institutional Division (State Prison) for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.

If you are charged with this serious felony offense, call Chris to discuss the possible defenses and ways Chris can help protect you from potential serious prison time.  

For example, manslaughter does not require the premeditation or intent to harm anyone.  This means the district attorney only needs to prove that the recklessness caused the victim’s death.  However, Chris has experience making it very difficult for the prosecution to prove (beyond a reasonable doubt) that the driver was aware of a “substantial and unjustifiable risk that a death will occur.”  The driver’s actions must represent a gross deviation from the standard of care an ordinary person would have exercised under the circumstances.  Or simply, the driver must be aware of the risk and disregarded that risk.

Criminal Negligent Homicide

This offense occurs when the defendant (or driver) causes the death of another as a result of criminal negligence.  “Criminal Negligence” exists where the defendant is not aware of a substantial and unjustifiable risk of harm, but under the circumstances, should have been aware of the risk.  This charge is classified as a state jail felony that is punishable by confinement in a Texas County Jail Facility for a minimum of 180 days and a maximum of 2 years along with a fine up to $10,000.

Chris has the skills and knowledge to prepare your defense, and make sure that the court does not get blinded by emotion that a death has occurred but that the prosecution has to prove what a “reasonable person” in the defendant’s (or driver’s) situation would have understood and been aware of under the circumstances.  If you’re charged with this serious and emotional offense, call Chris to discuss and begin preparing your defense.

Aggravated Assault with a Deadly Weapon

In Texas, a person charged with Aggravated Assault with a Deadly Weapon by committing simple assault while using or exhibiting a deadly weapon but also (1) causes serious bodily injury to another person (e.g., vehicle, firearm, etc.), including a spouse; or (2) use or exhibit a deadly weapon during the commission of the assault.

Simple Assault is committed by intentionally, knowingly, or recklessly injuring another person, making an immediate threat to hurt someone, or making physical contact with someone in a provocative or offensive manner.  This means you can commit Aggravated Assault with a Deadly Weapon WITHOUT actually HURTING anyone with a weapon.

Deadly Weapon can be a firearm (loaded or unloaded), vehicle, knife, baseball bat, hammer, glass bottle, hammer, and many more.  For determination of whether an object or thing is a “deadly weapon,” under the law of Texas, is whether the object or thing in question had the capacity to cause death or serious bodily injury.

Aggravated Assault with a Deadly Weapon is a second degree felony, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.

An aggravated assault is a second-degree felony except in the following circumstances in which it is a first degree felony:

• The offender uses a deadly weapon in committing the assault and causes serious bodily injury to the victim and the victim is a family or household member, or someone the offender is or has dated or had an intimate relationship with, qualifying the offense as a domestic assault

• The aggravated assault is committed by a public servant, such as a state worker or city counselor acting in his official capacity

• The victim is a person the offender knows to be a public servant engaged in the performance of his duties or the assault is committed in retaliation for the public servant performing his duties

• The aggravated assault is committed in retaliation against a witness, informant or a person who reported a crime

• The victim is a person the offender knows to be a security officer engaged in performing his duties, or

• The offender shoots a firearm from a motor vehicle at a house, building or motor vehicle with reckless disregard for whether the house, building or motor vehicle is occupied and causes serious bodily injury to the victim.

Contact Denuna Law Firm Today

Technical expertise and aggressive defense counsel are a must in the face of these serious crimes. Denuna Law Firm has the talent and dedication you need to fight back against these charges, and we are not afraid to go to court for you. We are available 24 hours a day, 7 days a week.