(Posted this on the Juvi. Side as well).

Ran into this and have managed to confuse myself. The reason I am needing to know is b/c this case involves a Juvenile and I need to figure out what level this offense would be.

With "Accident involving Injury", the section reads ... the offense is punishable by imprisonment at TDCJ for not more than 5 years OR confinement at county jail for not more than 1 year and a fine not to exceed $5000.00 or both.

Accident involving Damage to Vehicle, Duty on Striking Unattended Vehicle, and Duty on striking Fixture, etc. are listed as Class C's or B's depending on the value of the damage. I am guessing that Accident involving Per.Injury or Death is one of those Hybrids and thinking that the diff. b/t TDCJ or County jail is depending on whether there is Death (TDC) or Injury (County)?

Under Penal Code Sec. 12.41(1), the offense is a "felony of the third degree" because confinement in a penitentiary is a possible punishment.

I do not think that the statute makes the jail time punishment for an accident involving bodily injury only. I think that both TDCJ time and county jail time are possible punishments regardless of the outcome of the accident.

Not sure if it is a third degree, but in that pen time is an option it is most certainly a felony.

..we call it a felony "other" at our office (for filing purposes).

From Nebraska:

quote:

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[...]
Ruffcorn, a serial drunken driver, could have faced 50 years in prison had he stayed at the scene - and had police determined that he had committed motor vehicle homicide by drunken driving.

But the man with multiple drunken driving convictions and a suspended driver's license took off and was not arrested in time for police to determine whether he was drunk.

Hence, his maximum sentence for fleeing the scene of a crash: five years in prison.

[...]

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details

Its a Third Degree Felony

Penal Code Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE. For purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:

(1) "felony of the third degree" if imprisonment in the Texas Department of Criminal Justice or another penitentiary is affixed to the offense as a possible punishment;

(2) "Class B misdemeanor" if the offense is not a felony and confinement in a jail is affixed to the offense as a possible punishment;

(3) "Class C misdemeanor" if the offense is punishable by fine only.