San Marcos Aggravated Assault with a Vehicle Attorney

Your Trustworthy Aggravated Assault with a Vehicle Defense in Texas

At The Law Offices of David C. Hardaway, we understand how challenging facing an aggravated assault with a vehicle charge can be. Located in San Marcos, we are committed to providing personalized, accessible, and honest legal representation tailored to your unique case. Our team of dedicated defense lawyers is ready to help navigate the complexities of your situation while prioritizing your best interests. With direct access to our attorneys, you are assured transparency and unwavering support through every step of the legal process.

Our team's commitment to accessibility means you can reach out whenever questions arise, helping to ease your mind during an understandably stressful time. We know each case is unique, so we offer individualized attention to uncover every detail that could benefit your defense. Our extensive experience in the local court systems of San Marcos allows us to anticipate potential challenges and proactively address them, enhancing your chances for a favorable outcome.

Call (512) 846-9966 or contact us online today to let our firm protect your rights, reputation, and future.

What is Vehicular Manslaughter?

Vehicular manslaughter, also known as involuntary manslaughter, occurs when a person causes the death of another individual through the negligent or reckless operation of a vehicle. In Texas, this charge arises when someone is killed as a result of a driver’s actions, which were not intended to cause harm but were still reckless or careless. This might involve speeding, running a red light, or driving under the influence of drugs or alcohol. While the intent to kill is not present, the conduct leading to the death can still be considered criminal due to the level of negligence involved.

For someone to be charged with vehicular manslaughter, the prosecution must prove that the defendant acted recklessly or negligently, which directly led to the death of the victim. These cases often involve complex legal issues, and a skilled San Marcos manslaughter lawyer is essential in defending the accused.

Penalties for Vehicular Manslaughter in Texas

In Texas, the penalties for vehicular manslaughter can be severe, and they depend on several factors, including the degree of negligence, whether drugs or alcohol were involved, and whether the defendant has a prior criminal history.

Criminal Charges

Vehicular manslaughter in Texas is classified as a Second-Degree Felony. If convicted, the defendant could face the following penalties:

• Imprisonment: A sentence ranging from 2 to 20 years in a Texas state prison.
• Fines: The court may impose a fine of up to $10,000 in addition to the prison sentence.

However, if the defendant was driving under the influence of alcohol or drugs, the charges could become more severe. Texas has strict laws regarding driving while intoxicated (DWI), and when a death occurs in these circumstances, the penalties may be enhanced.

Aggravating Factors

Certain factors can escalate the charges from second-degree to a more serious felony. These factors include:

• Previous convictions: A history of previous DWI offenses or vehicular manslaughter charges could result in a harsher sentence.
• Reckless behavior: If the driver engaged in particularly reckless conduct, such as street racing or driving at excessively high speeds, this could be considered an aggravating factor.
• Intoxication Manslaughter: If the defendant was intoxicated at the time of the accident, the charge could be elevated to Intoxication Manslaughter, which is a Second-Degree Felony that carries a sentence of 2 to 20 years in prison and a fine of up to $10,000.

Legal Defenses Against Manslaughter Charges

A skilled San Marcos manslaughter lawyer can use several legal defenses to help reduce or eliminate vehicular charges. Some of the most common defenses include:

No Criminal Negligence or Recklessness

One of the key elements of vehicular manslaughter is that the driver must have acted recklessly or negligently. If the defendant was not driving recklessly or negligently, there may be grounds to challenge the charge. For example, if the death resulted from an unavoidable accident or if the defendant was not at fault, a skilled attorney could argue that the prosecution’s case does not meet the necessary standard for a manslaughter conviction.

Accident or Mechanical Failure

In some cases, an accident or mechanical failure may have caused the fatality, and the defendant may not have been at fault. For instance, if the brakes on the vehicle failed or another mechanical issue led to the fatal crash, the defense could argue that the defendant could not have prevented the accident.

Lack of Intoxication

If the defendant was accused of driving under the influence, but there is no conclusive evidence to show they were intoxicated, it could be argued that the intoxication was not a contributing factor in the fatality. Breathalyzer tests, blood tests, and field sobriety tests are not always reliable, and a San Marcos manslaughter lawyer can challenge their accuracy in court.

Self-Defense or Defense of Others

In some rare cases, a driver may have acted in self-defense or in defense of others, which led to the accident. For example, if the driver was trying to avoid a dangerous situation or another driver’s aggression, this could be used as a defense to show that the actions were not reckless.

Mistaken Identity or Fault of the Other Driver

Another potential defense in vehicular manslaughter cases is the argument that the defendant was not the driver responsible for the accident. It’s possible that another driver caused the accident, and evidence may show that the defendant was not at fault.

Consult With Our San Marcos Aggravated Assault with a Vehicle Attorneys

At The Law Offices of David C. Hardaway, we are dedicated to providing exceptional legal support when you need it most. Whether facing aggravated assault with a vehicle charges or simply seeking advice, our team is ready to offer personalized attention and guidance for navigating your case. Don’t face these charges alone — let our seasoned aggravated assault with a vehicle attorneys in San Marcos be your ally. 

Contact us today at (512) 846-9966 to schedule your consultation and take the first step towards securing an experienced defense that prioritizes your needs and rights.