Texas doesn’t have a charge literally called “vehicular assault” — but that doesn’t stop prosecutors from charging a car accident as a serious felony when someone gets hurt. If reckless driving caused an injury, you’re most likely looking at aggravated assault with a deadly weapon, with a vehicle standing in for the weapon. A Houston criminal defense lawyer can walk you through what that actually means for your case.
How a Car Becomes a “Deadly Weapon”
- A vehicle isn’t automatically a weapon: Texas law only treats a car as a deadly weapon when it’s operated in a manner capable of causing death or serious injury — reckless, not merely careless, driving.
- Serious bodily injury: An injury that risks death, causes disfigurement, or impairs a body part can support an aggravated assault charge on its own.
- DWI changes everything: If intoxication was involved, you’re more likely facing intoxication assault instead — a related but separate charge with its own penalty range.
How Texas Punishes It
- Second-degree felony: 2 to 20 years in prison and up to a $10,000 fine is the typical range for aggravated assault involving a vehicle.
Where These Cases Are Won
The gap between an unfortunate accident and “reckless” conduct under the law is significant — and prosecutors routinely overcharge ordinary traffic accidents as felonies. Accident reconstruction, witness accounts, and the actual definition of recklessness are where these cases turn.
Charged After a Serious Car Accident? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000 so we can start reviewing the accident report and evidence right away.
Related Charges
- Aggravated Assault
- Assault on a Police Officer
- Deadly Conduct
- Terroristic Threat
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.