(Pasted this on the Crim 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.

My understandiing is that Section 550.021 and 550.023 are linked. The arrest title is Failure to Stop and Render Aid and it is a felony, albeit with a different punishment range than the typical felony classification under the Penal Code (fine not to exceed $5,000 or imprisonment in TDCJ for a period not to exceed five years or both). It doesn't matter if the victim is killed or only injured because the idea of the statute is that a person involved in an accident should stop and provide reasonable assistance to injured persons and exchange information (DL, insurance, etc.). Our Troopers file a lot of FSRA charges on people who are DWI and leave the scene of an accident in which the other vehicle's occupants are injured or killed.

As you noted, if there is only damage to the vehicle and the person doesn't stop and comply with 550.022 then it's either a Class C misdemeanor if damage to vehicles is less than $200, and a Class B if damage is $200 or more.

Janette Ansolabehere

Thanks for the replies. If I may pick your brain once more, What level would it be in terms of classifying a juvi?

PS level ?

With no priors, a level 3 IMHO
you might check with TJPC to make sure thats their answer too