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.
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005
quote:[...] 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.
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.
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007