Dallas Serious Bodily Injury Lawyer

Facing criminal charges that involve serious bodily injury in Texas carries severe consequences. Whether the charge involves aggravated assault, vehicular homicide, domestic violence, or another crime with a serious bodily injury element, a conviction can mean years in prison, steep fines, and a permanent criminal record. Understanding how Texas law defines serious bodily injury and how it applies to different offenses is essential to defending a criminal charge.

At The Carmichael Law Firm PC, we provide aggressive legal representation for individuals charged with these offenses. If you or someone you know is facing criminal allegations, seeking assistance from an experienced Dallas serious bodily injury lawyer is crucial.

What Constitutes Serious Bodily Injury Under Texas Law?

Texas law defines serious bodily injury as any injury that:

• Creates a substantial risk of death; 
• Causes serious permanent disfigurement; or
• Results in long-term impairment or loss of a bodily function, organ, or limb.

This definition extends beyond minor injuries, such as bruises or cuts, and applies to injuries that significantly impact a victim’s health or quality of life. If the prosecution can prove that an injury meets this standard, penalties become significantly harsher.

Crimes Involving Serious Bodily Injury

Several offenses may include serious bodily injury as a key element. The following are some of the more common in Texas.

Aggravated Assault

A person may face aggravated assault charges if they intentionally, knowingly, or recklessly cause serious bodily injury to another person. Bar fights, domestic disputes, or confrontations involving weapons can result in this offense. Convictions may result in felony charges, significant jail time, and a lasting criminal record.

Vehicular Homicide

If a driver causes a fatal accident while operating a vehicle recklessly or under the influence, they may face criminally negligent homicide or manslaughter charges. The prosecution will evaluate whether the driver’s actions directly led to the victim’s death and whether the driver demonstrated gross negligence.

Domestic Violence Resulting in Serious Bodily Injury

Domestic violence incidents that result in serious bodily injury can lead to felony charges. Texas law takes these cases seriously, especially if children were present, prior offenses exist, or the injuries are extensive. A conviction can result in prison time, loss of firearm rights, and difficulty finding employment.

Robbery Resulting in Bodily Injury

If a robbery involves violence that leads to serious bodily injury, the charge may be elevated to aggravated robbery, which carries a lengthy prison sentence. Courts consider whether a weapon was used and the extent of the victim’s injuries when determining punishment.

DWI Accidents Causing Serious Injury

Driving while intoxicated (DWI) and causing an accident that results in serious bodily injury may lead to intoxication assault charges, a felony offense in Texas. These cases often involve harsh penalties, including license suspension, imprisonment, and substantial fines.

Potential Penalties for Serious Bodily Injury Crimes in Texas

Texas law imposes harsh penalties on offenses involving serious bodily injury. The severity depends on factors such as intent, prior criminal history, and the use of a deadly weapon. Common consequences include:

• Second-degree felony convictions—2 to 20 years in prison and fines up to $10,000;
• First-degree felony convictions—5 years to life in prison; 
• Enhanced sentencing for repeat offenders—harsher penalties if prior convictions exist; 
• Mandatory prison time for specific offenses—crimes such as aggravated robbery or intoxication assault carry longer sentences.

A criminal record with a felony conviction can also limit future employment opportunities, affect housing eligibility, and restrict firearm ownership.

The Role of Medical Evidence in Serious Bodily Injury Cases

Medical records play a critical role in cases involving serious bodily injury charges. The prosecution relies on hospital records, doctor statements, and expert testimony to prove the severity of an injury. Texas law requires that the injury meets the legal threshold of “serious bodily injury,” which means defense strategies often focus on challenging medical evidence.

A skilled Dallas serious bodily injury attorney may bring in independent medical experts to dispute claims that an injury is life-threatening or permanently debilitating. An attorney can also use photographic evidence, witness statements, and medical history to argue that a victim’s injuries were not as severe as alleged.

In some cases, pre-existing conditions may play a role. If a person’s underlying medical issue contributed to their condition, the defense may argue that the accused should not be held solely responsible. A strong defense strategy must carefully analyze all medical reports and expert opinions.

Legal Defenses in Serious Bodily Injury Cases

Not every charge involving serious bodily injury results in a conviction. Several legal defenses may apply, including:

• Self-defense. If you were protecting yourself or someone else, your actions may be legally justified.
• Lack of intent. Prosecutors must prove you caused the injury intentionally, knowingly, or recklessly. Accidental injuries may not meet this standard.
• Insufficient evidence. The state must prove the injury was severe enough to meet the legal definition of serious bodily injury.
• Mistaken identity. You may challenge charges if law enforcement lacks clear evidence linking you to the crime.

A well-prepared Dallas serious bodily injury lawyer can expose weaknesses in the prosecution’s case, potentially leading to reduced charges, case dismissal, or an acquittal at trial.

How Texas Law Treats Repeat Offenders

Texas has some of the harshest sentencing enhancements in the country for repeat felony offenders. If a person is convicted of a serious bodily injury offense and has prior felonies on their record, the penalties increase significantly:

• A second-degree felony can be enhanced to a first-degree felony, meaning a potential life sentence; 
• A first-degree felony can lead to a minimum 15-year sentence rather than the standard 5-year minimum; and
• Habitual offenders with multiple prior convictions may receive mandatory life sentences under Texas’ “three strikes” rule.

If you are facing a charge with prior convictions, it is critical to have an attorney who understands Texas sentencing laws and can fight to reduce charges or challenge enhancements.

Are You Facing Charges Related to a Violent Crime?

Charges involving serious bodily injury can change your life forever if you’re convicted. However, being charged with a crime doesn’t make you guilty; it’s up to the government to prove you guilty beyond a reasonable doubt. But still, with the possibility of prison time, steep fines, and a criminal record that follows you, the stakes could not be higher.

 The Carmichael Law Firm PC provides aggressive representation to challenge the prosecution’s case, protect your rights, and fight for the best possible outcome. Call us today to discuss your case in a confidential consultation. Your defense starts now.