What is a Second Degree Felony Texas?

Felonies are categorized as four types in Texas. These are State Jail Felony, Third Degree Felony, Second Degree Felony, and First Degree Felony.

What is a Second Degree Felony?

A Second Degree Felony is defined in Penal Code Section 12.33 and is the second highest level of felony in Texas. It is an offense that is punishable by 2 to 20 years in Texas.

What is the Punishment for a Second Degree Felony?

Under Texas Penal Code Section 12.33, a second degree felony is punishable by:

A person adjudged guilty of a felony of the second degree shall be punished by:

• Imprisonment in the Texas Department of Criminal Justice for 2 to 20 years. This means that if you are sentenced to prison time, your minimum term of imprisonment will be 2 years.
• A fine of up to $10,000. This means a fine does not have to be imposed, but if one is imposed it cannot exceed $10,000. However because you also have to pay court costs to the court, the actual amount you pay for fines and court costs could exceed $10,000. This fine limit also does not apply to things like probation fees or restitution.
• Possible combination of both imprisonment and fine.

Enhancement to Repeat and Habitual Offender Status

A second degree felony charge can be enhanced to a more serious offense if you have prior prison trips:

• Repeat Offender: If you have been to prison once before, your second degree felony can be enhanced to a first degree felony (5-99 years or life)

• Habitual Offender: If you have two prior felony convictions, your punishment range increases to 25-99 years or life in prison

Probation Options in Texas

Jury Probation

You may be eligible for jury probation if:

• You have never been convicted of a felony in Texas or any other state
• You file a sworn motion before trial requesting jury probation
• The jury finds you guilty and sentences you to 10 years or less

Judge Probation

A judge may grant probation if:

• The sentence imposed doesn’t exceed 10 years
• You have no prior felony convictions
• The offense didn’t involve a deadly weapon or serious bodily injury

Deferred Adjudication

Deferred adjudication may be available through a judge (never a jury) if:

• You plead guilty or no contest
• The judge believes deferred adjudication is in the best interest of society and the defendant
• The offense is not one that prohibits deferred adjudication by statute

Common Second Degree Felonies in Texas

Some frequently charged second degree felonies include:

• Aggravated Assault
• Sexual Assault
• Robbery
• Burglary of a Habitation
• Possession of 4-200 grams of controlled substances
• Intoxication Manslaughter
• Online Solicitation of a Minor

Why Choose Varghese Summersett for Your Defense?

If you’re facing second degree felony charges in Tarrant, Dallas, Harris, or Fort Bend County, here’s why you should contact Varghese Summersett immediately:

• Extensive Experience: Our attorneys have handled hundreds of second degree felony cases across Texas’s major metropolitan areas
• Strategic Defense: We understand enhancement provisions and can develop strategies to avoid them
• Probation Expertise: We have significant experience in securing both regular probation and deferred adjudication for eligible clients
• Local Knowledge: Our firm has established relationships with local prosecutors and understands how different counties handle these cases
• Proven Track Record: We have successfully defended numerous clients against second degree felony charges

Contact Us Today

Time is critical in felony cases. The sooner you contact Varghese Summersett, the better we can protect your rights and build your defense strategy. Call us for a confidential consultation to discuss your case and understand your options.

Challenging the Intoxilyzer 9000: How to Fight DWI Breath Test in Texas

The rise in DWI cases across Texas has brought increased scrutiny to the state’s primary breath testing instrument, the Intoxilyzer 9000. While prosecutors often present breath test results as ironclad evidence, several critical vulnerabilities exist that create compelling opportunities for challenge. This article explores the most significant issues with Texas’ implementation of the Intoxilyzer 9000 and how these weaknesses can impact DWI cases.

Texas Breath Alcohol Testing Regulations and Oversight

Texas has a long history of regulating breath alcohol testing procedures. Texas initiated breath alcohol testing in the late 1940s, but statewide implementation began in 1968 with the Breathalyzer. The program gained statutory authority through the 1969 Implied Consent Law, which empowered the Department of Public Safety to establish and oversee breath testing protocols. In 1969, the Texas Legislature established the Texas Breath Alcohol Testing Regulations. To administer and enforce these regulations, the Texas Department of Public Safety created the Office of the Scientific Director. This office oversees all evidential breath analyses conducted by state, county, and city law enforcement agencies. The current legal framework defines intoxication in Chapter 49 of the Texas Penal Code using two distinct standards: loss of normal mental or physical faculties, or an alcohol concentration of 0.08 or greater (measured as grams of alcohol per 210 liters of breath).

Currently, these tests are performed in over 370 approved facilities in Texas by approximately 6,000 certified breath test operators, representing around 700 different law enforcement agencies. These operators must follow strict protocols to ensure the reliability of the results.

The Role of the Scientific Director and Technical Supervisors

The Scientific Director approves and certifies all breath alcohol testing instruments used in Texas for evidential purposes. A list of approved instruments is kept, and any new or modified instruments are evaluated by the Scientific Director before being accepted.

Technical Supervisors are qualified forensic scientists certified by the Scientific Director. They serve as the Scientific Director’s representatives in all matters related to breath alcohol testing. Their main duties include providing technical, administrative, and supervisory expertise to protect the scientific integrity of Texas’ breath alcohol testing program. Technical Supervisors, who must possess a baccalaureate degree in chemistry or related science, oversee operations in their assigned areas.

Breath Test Operators are individuals certified by the Scientific Director to conduct evidential breath alcohol analyses for law enforcement. The Office of the Scientific Director has created detailed training standards and curricula for operator certification. Operator certification requires initial training, regular renewal, and maintenance of proficiency through ongoing testing. Notably, operators must complete any combination of five subject or practice tests between certification periods and undergo biennial instruction with written examination.

Approval Criteria for Evidential Instruments

According to the regulations, all evidential breath testing instruments in Texas must meet specific criteria, including:

• Analyzing expired breath specimens accurately.
• Using a reference system with results that agree within ±0.01 g/210L of the stated value (or other limits set by the Scientific Director).
• Ensuring the procedure’s specificity is sufficient to accurately measure alcohol concentration in a law enforcement setting.
• Successfully passing any additional tests deemed necessary by the Scientific Director to ensure correct, reliable results for law enforcement purposes.

Once an instrument meets these requirements, it is placed on the Scientific Director’s approved list. However, approval can be rescinded for cause if the instrument no longer meets the necessary standards. Technical Supervisors are tasked with confirming that a specific instrument’s serial number matches one on the approved list and that it continues to meet the certification criteria. If issues arise, the Scientific Director or a designated representative can remove the instrument from evidential testing.

Intoxilyzer 9000 in Texas

The Intoxilyzer 9000 operates on the principle of infrared spectrometry. This technology measures alcohol concentration by analyzing how ethanol molecules absorb infrared energy at specific wavelengths. The instrument’s use of multiple wavelengths ensures specificity for ethyl alcohol, distinguishing it from other substances that might be present in breath samples. The system includes calibration verification processes, requiring results between 0.070 and 0.090 g/210L for accuracy validation.

Operational Protocols and Critical Requirements

Several critical protocols govern the proper operation of the Intoxilyzer 9000. Perhaps most crucial is the mandatory 15-minute observation period before testing, during which a certified operator must continuously monitor the subject to ensure no substances enter the mouth. This waiting period prevents contamination from residual mouth alcohol, which could skew results.

The testing sequence follows a strict protocol including:

• Operational system checks
• Air blank analyses
• Multiple subject breath samples
• Calibration verifications
• Solution temperature monitoring

Issues that Can Compromise Intoxilyzer 9000 Results

Several issues can compromise test validity or operator certification. These include:

1. Failure to maintain proper observation during the 15-minute waiting period
2. Calibration verification results outside acceptable ranges
3. Reference sample temperatures beyond the 33.8°C – 34.2°C specification
4. Operator certification lapses due to missed renewal deadlines
5. Interference from substances like acetone in diabetic subjects

When protocols are not followed, consequences can be significant. Tests may be invalidated, and operators may face certification suspension for a minimum of 30 days. Critically, the presence of interfering substances requires immediate test termination, and subjects cannot be retested under such circumstances.

The Missing Histogram: A Critical Gap in Scientific Validation

Perhaps the most glaring issue with Texas’ deployment of the Intoxilyzer 9000 is the state’s deliberate decision to forego the histogram function. This isn’t just a minor feature omission—it represents the absence of a crucial scientific safeguard that other states consider essential for validating breath test results.

Why the Histogram Matters

The histogram function provides real-time graphical data of breath samples, offering vital information about breath flow rate, volume patterns, and alcohol concentration throughout the sample. This visual representation serves as a quality control mechanism, allowing technicians to spot irregular breathing patterns, detect mouth alcohol contamination, and verify proper sample collection. Without this feature, Texas law enforcement lacks a key tool for ensuring the accuracy and reliability of breath test results.

In other jurisdictions, such as Florida, courts rejected breath test evidence when Intoxilyzer 8000 machines showed airflow issues leading to incorrect results. Some states even banned breath test evidence until proper verification features were installed. Texas’ choice to operate without this critical verification mechanism raises serious doubts about the scientific reliability of its breath testing program.

Infrared Detection Limitations

The shift to measuring carbon-oxygen (C-O) vibrations in the 9-micron region, rather than carbon-hydrogen (C-H) bonds at 3 microns, introduces new complications in breath analysis. This fundamental change in detection methodology creates several potential problems:

The device can be affected by multiple common substances that share similar molecular structures:

• Dimethyl Sulfoxide (DMSO), commonly used in medical treatments
• Diethyl ether, present in many industrial solvents
• Various esters used in food flavoring
• Industrial chemicals with similar molecular bonds

COVID-19’s Lasting Impact on Reliability

The COVID-19 pandemic added another layer of complexity to breath testing reliability in Texas. Before April 2020, the Department of Public Safety required monthly in-person inspections, regular calibration checks, and physical verification of testing environments. When these requirements were suspended during the pandemic, however, many counties never fully returned to their previous protocols.

Maintenance Gaps Under the Kelly Standard

This deviation from standard maintenance procedures poses major legal vulnerabilities under the Kelly standard, which requires prosecutors to prove the validity of the underlying scientific theory and its proper application. Without consistent in-person maintenance, questions arise about whether breath testing is being applied correctly and in line with scientific principles.

Physical inspections and calibration checks are vital for establishing that a machine is in proper working order—an essential requirement for admitting scientific evidence. When these steps are skipped or done remotely, it opens the door to legal challenges, ranging from basic hearsay objections to confrontation clause issues under Melendez-Diaz v. Massachusetts.

Scientific Reliability and Quality Control

Beyond procedural flaws, the combination of missing features and reduced maintenance raises broader concerns about scientific reliability. Proper scientific practice demands controls, verification steps, and thorough documentation to confirm accurate results. Texas’ Intoxilyzer 9000 program lacks many of these safeguards.

Without the histogram function, technicians cannot confirm proper breath sample collection or detect contaminants like mouth alcohol. Reduced in-person maintenance further increases the risk that errors or malfunctions might go unnoticed for long stretches of time.

Building an Effective Challenge Strategy

Challenging breath test evidence effectively requires addressing both technical and legal weaknesses. Defense attorneys should seek out complete maintenance records, particularly for the periods when maintenance procedures were altered. Comparing pre-COVID and post-COVID protocols can uncover significant differences in quality control.

Cross-examining technical supervisors is also crucial. By asking detailed questions about their knowledge of machine condition, how remote inspections were conducted, and the basis for declaring the machine in good working order, attorneys can expose gaps in the foundation for breath test evidence. These gaps support various legal challenges, from Kelly reliability to constitutional violations.

The Future of Breath Testing in Texas

As DWI cases continue to rise, questions about the Intoxilyzer 9000’s accuracy may push Texas to revisit its breath testing procedures. The interaction between limited verification features and scaled-back maintenance has created risks that courts may no longer be willing to overlook.

This situation also prompts larger questions about balancing law enforcement goals with scientific reliability. While breath testing is important for public safety, the current Texas system seems to favor convenience over accuracy. Omitting key verification features and reducing maintenance threatens the integrity of criminal prosecutions.

Conclusion

These concerns over Texas’ Intoxilyzer 9000 go far beyond small technical details—they challenge the core of scientific reliability and constitutional rights in DWI cases. Missing features like the histogram function and scaled-back maintenance during COVID-19 create powerful reasons to doubt the breath test’s accuracy.

Defense attorneys who understand these issues have a solid opportunity to challenge the admission of breath test results. By highlighting how the Intoxilyzer 9000 falls short of accepted scientific standards and legal requirements, they can protect their clients’ rights and push for needed reforms.

Ultimately, these challenges could prompt Texas to adopt more rigorous verification tools and stricter maintenance protocols for breath testing instruments. Until then, recognizing and leveraging these vulnerabilities remains critical for ensuring justice in DWI cases.

Read More:

The New York Times: These Machines Can Put You in Jail. Don’t Trust Them.

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There are two types of crash reports in Texas: the Driver’s Crash Report (CR-2) for self-reported accidents or the Peace Officer’s Crash Report (CR-3) completed by law enforcement.

While the CR-2 uses plain language anyone can understand, the CR-3 employs various codes to document vehicle damage, injuries, and contributing factors that require additional information to interpret. The CR-3 includes three-part damage codes (showing impact direction, location, and severity), specialized damage classifications, and standardized codes for a variety of fields including for injuries and contributing factors.

Understanding these codes is crucial since the CR-3 serves as the official accident record used by insurance companies, lawyers, and courts to determine fault and process claims. This guide will break down the coding systems used in the Texas and help you read a Texas crash report.

Understanding Texas Crash Reports

In this guide, our Texas personal injury lawyer takes a closer look at the Texas Peace Officer’s Crash Report (Form CR-3), break down each section, and explain how you can use it to your advantage.

What is a Texas Crash Report?

A Texas crash report documents a broad range of information, such as:

• Vehicle damage
• Injuries and fatalities
• Road and weather conditions
• Contributing factors (like speeding or mechanical failures)

The official version of this document is known as Form CR-3, which was last updated in 2023 by the Texas Department of Transportation (TxDOT). The CR-3 form is used statewide to ensure uniform data collection and reporting across Texas. For accidents not investigated by law enforcement, drivers may complete Form CR-2, known as the Driver’s Crash Report when a crash results in injury, death, or apparent property damage of at least $1,000. This is filed with the local police department and is not maintained by TXDOT. As of 2017, it is not a requirement for drivers to complete a CR-2, although it is widely used for other requirements by insurance companies.

Video: How to Read a Texas Crash Report

When is a Crash Report Required?

In Texas, pursuant to Transportation Code 550.062, filing a crash report is legally required if:

1. The crash results in injury or death of any person,
2. Property damage from the crash is $1,000 or more, or
3. Law enforcement officers are dispatched to the scene.

This requirement ensures that a detailed, official record exists whenever a crash causes significant harm or damage. The information in the report can become essential if you need to file an insurance claim or become involved in a legal dispute.

The CR-3 Form at a Glance

The CR-3 form is organized into multiple sections designed to capture every aspect of the crash:

1. Basic Crash Information
2. Vehicle and Driver Information
3. Injury Information
4. Damage Assessments
5. Contributing Factors
6. Narrative and Diagram

We’ll explore each section in detail.

1. Basic Crash Information

At the very beginning, you’ll see fundamental facts about the crash:

• Date and time of the crash
• Exact location (city, county, street, or highway markers)
• Weather and road conditions (rain, fog, pavement conditions)
• Whether the crash occurred in a construction zone or involved hit-and-run scenarios

These details set the stage for the rest of the report, highlighting when and where the crash took place, as well as any environmental factors that may have played a role.

2. Vehicle and Driver Information

Each vehicle involved gets its own subsection. You’ll find:

• Vehicle Identification Number (VIN), make, and model
• Driver’s license information and contact details for each driver
• Insurance details, including the policy number and insurer
• Damage specifics for each vehicle

This section ensures law enforcement has identified everyone involved, including passengers and other relevant parties.

3. Injury Information

If someone was injured or killed, the report will note:

• The nature and severity of injuries
• Whether the injured individual was taken to a hospital
• Injury classification codes, such as:

• K – Fatal injury
• A – Incapacitating injury
• B – Non-incapacitating injury
• C – Possible injury
• N – No injury

These codes help insurance companies, lawyers, and investigators quickly assess the overall severity of the crash.

4. Damage Assessments

One of the more complex parts of the crash report is the damage rating system. Three main components describe the impact on each vehicle:

1. Direction of Force (XX)
   Uses a clock face analogy (1–12) to indicate the primary direction of the collision. Example: “12” means a front impact; “3” means impact from the right side.
2. Damage Description (ABC)
   Uses letter codes like FC (Front Concentrated) or LP (Left Passenger area) to indicate precisely where the vehicle was hit and how damage was spread.
3. Damage Severity (Y)
   A scale from 0 to 7, where 0 is no damage and 7 is severe or total destruction. Example: “12-FC-3” means a front impact (12 o’clock), focused damage to the front end (FC), with moderate severity (3).

You may also see Special Damage Codes like VB-1 (vehicle burned not due to collision) or TP-0 (top damage only). These give unique details about specific or unusual types of damage.

5. Contributing Factors

Crashes often have multiple causes, and this section lists the officer’s interpretation of what went wrong. Examples include:

• Driver inattention or distraction
• Speeding
• Following too closely
• Failure to yield
• Unsafe lane changes
• Mechanical failures (like bad brakes)
• Road design issues

These factors can be crucial in determining who might be at fault and whether the road or a vehicle had safety issues.

6. Narrative and Diagram

Here, the investigating officer offers a written summary of the crash. Often, the officer will describe:

• How the vehicles were traveling before the collision
• Maneuvers attempted (e.g., turning left, changing lanes)
• Environmental conditions (e.g., heavy rain, slick roads)

Alongside the narrative, you’ll see a diagram showing how the officer believes the crash unfolded. Arrows, labeled vehicle units, and direction indicators help visualize the sequence of events.

How to Obtain a Copy of a Texas Crash Report

You can generally get a copy of your crash report through one of these methods:

1. Online via TxDOT’s Crash Report Online Purchase System
   Visit the TxDOT website and look for the “Crash Reports and Records” section. Enter your details (like the date of the crash and the location) to search for your report. Pay the required fee, which is usually around $6.00 for a regular copy.
2. Mail Request to TxDOT
   Complete a CR-91 form (Application for Copy of Peace Officer’s Crash Report) or provide a written request. Include payment and key crash details. Mail everything to TxDOT’s mailing address listed on their site.
3. Contact the Law Enforcement Agency Directly
   Many police departments keep their own records. Call or visit in person to submit a records request, depending on that department’s procedures.

It may take a couple of weeks for a report to appear in the TxDOT database, so don’t worry if you can’t find it immediately.

Related Documents: CR-2 (Blue Form) vs. CR-3

You may come across references to a “CR-2” or “Blue Form.” This is a Driver’s Crash Report that individuals fill out themselves when law enforcement doesn’t complete an official CR-3 form at the scene. The CR-2 is not considered an official law enforcement report—rather, it’s a self-reported document that may or may not be used by insurance companies.

By contrast, the CR-3 (Peace Officer’s Crash Report) is the official law enforcement record of the crash, containing the officer’s findings and professional assessment.

How Crash Reports Are Used

• Insurance Claims
  Insurance adjusters use crash reports to assess vehicle damage, determine fault, and calculate claim payouts.
• Legal Proceedings
  If you hire an attorney or go to court, the crash report is often used as evidence. While it’s not the final word on liability, it’s an important record.
• Personal Record-Keeping
  Having an official document outlining the incident can help you remember details if issues arise down the road (e.g., delayed injuries or additional property damage).

Special Considerations

• Hit-and-Run
  Officers might include extra details, such as descriptions of the fleeing vehicle, suspect information, or witness statements.
• Multiple Vehicle Crashes
  Each vehicle is assigned a unit number. Pay close attention to these numbers in the narrative and diagram to follow the sequence of collisions.
• Commercial Vehicle Crashes
  These crashes may have extra data (like special license endorsements or hazardous materials details). Commercial crashes often involve more regulations, so the officer’s notes here may be more detailed.

Correcting Errors or Disputing the Report

If you find errors or discrepancies in your Texas crash report, consult your attorney immediately. Whether it’s a CR-2 Driver’s Report or CR-3 Peace Officer’s Report, your lawyer can review the documentation for accuracy and protect your interests.

This is especially important with CR-3 reports, where officers make assessments based only on information available at the crash scene. Your attorney can gather additional evidence like surveillance footage or witness statements that weren’t initially available, and when warranted, work to have supplemental reports issued that reflect new evidence.

Time is critical – delays in disputing report contents can affect credibility in both insurance claims and legal proceedings. Since officer reports inform both insurance determinations and potential legal matters, having your attorney review any discrepancies helps ensure your interests are properly protected.

Key Takeaways

1. Know the Sections: The CR-3 is divided into clear parts—basic info, vehicles, injuries, damage codes, contributing factors, and a narrative/diagram.
2. Understand the Codes: Direction of force, damage descriptions, and severity ratings help visualize how the crash happened.
3. Use It Wisely: This document is a valuable tool for insurance claims, legal cases, and personal records.
4. Double-Check Details: Mistakes in basic info can cause major headaches down the road.

Conclusion

Deciphering a Texas crash report may seem overwhelming at first, but once you understand how each section works, the document becomes much more approachable. The CR-3 form is designed to standardize and simplify the reporting process—allowing law enforcement, insurance companies, and individuals involved in a crash to rely on consistent information.

By taking the time to review and verify the details, you’ll gain a clear picture of what happened and be better prepared to handle insurance claims, legal disputes, or any future questions about the incident. If you ever feel lost, remember that you can reach out to the investigating agency, your insurance provider, or an attorney to make sure you fully understand your rights and responsibilities.

Being involved in a car accident can be overwhelming,especially when it’s through no fault of your own. In Texas, which operates under an at-fault system, determine who caused the accident isn’t just about assigning blame; it directly affects who pays for medical bills, property damage and other losses.

In this article, the personal injury attorneys at Varghese Summersett explain what ‘at-fault accidents’ mean for Texas drivers and outline the steps you should take after being injured in a collision.

What is an At-Fault Accident State?

Texas operates under an at-fault accident system, which means the driver responsible for causing an accident is also responsible for the resulting damages. This includes medical bills, property damage, lost wages, and pain and suffering. In at-fault states like Texas, California, and Georgia, the victim has the right to seek compensation from the at-fault driver or their insurance company.

This system stands in contrast to no-fault states like Florida, Michigan, and New York, where each driver’s insurance pays for their own damages regardless of fault. Understanding this distinction is critical because fault determines liability in Texas car accidents.

If you’ve been injured in an at-fault state, building a strong case to establish the other driver’s negligence is essential to securing fair recovery.

Indications a Driver is At-Fault

Determining fault in a vehicle accident often comes down to identifying negligence or a failure to follow traffic laws. Here are some typical indications that a driver may be at fault:

Traffic Violations

• Running a red light or stop sign
• Speeding or driving too fast for road conditions
• Failing to yield the right of way
• Improper lane changes or unsafe merging

Distracted Driving

• Texting, talking on the phone, or using in-car technology
• Eating, drinking, or engaging in other distractions behind the wheel
• Failing to pay attention to surrounding traffic or road conditions
• Following too closely (Tailgating)
• Rear-end collisions often indicate that the following driver did not maintain a safe distance to stop in time
• Evidence of alcohol or drug use, such as failed sobriety tests, can establish fault

Reckless or Aggressive Driving:

• Excessive speeding, weaving between lanes, or ignoring traffic signals
• Road rage behaviors that endanger others
• Failure to maintain control
• Losing control of a vehicle due to negligence, such as driving too fast on wet roads or overcorrecting, may point to driver fault.
• Worn brakes, malfunctioning lights, or bald tires that contribute to the accident

By identifying these indications, insurance companies, legal professionals, and courts can determine who is liable for an accident. If you’ve been involved in a crash and suspect another driver is at fault, gathering evidence such as photos, reports, and witness information is critical to proving your case.

How Is Fault Proven in a Texas Car Accident?

Fault in Texas car accidents is determined through evidence and investigation. Determining fault involves several key factors:

• Police Reports: Law enforcement officers responding to the scene document observations, take statements, and may assign fault in their official report. While the report itself is not conclusive in court, it plays a significant role in insurance claims and settlement negotiations.
• Witness Statements: Neutral third-party witnesses can provide invaluable insight into how the accident occurred. Their testimony can corroborate or dispute each driver’s account.
• Physical Evidence: Skid marks, vehicle damage, traffic camera footage, photographs, and other physical evidence help reconstruct the sequence of events leading to the crash.
• Driver Apologizes: If a driver apologizes or admits to being distracted or negligent at the scene, this can be used as evidence of responsibility.
• Comparative Negligence: Texas law applies a modified comparative negligence rule (discussed further below), which means fault can be shared among multiple parties. Hiring an attorney can ensure a thorough investigation of the evidence to build a strong case for compensation.

The Difference Between an At-Fault Accident State and No-Fault States

In at-fault states like Texas:

• The driver responsible for the accident pays for the victim’s damages through their insurance.
• Victims have the option to file a claim with the at-fault driver’s insurance, file a personal injury lawsuit, or claim under their own insurance (depending on coverage).

In no-fault states:

• Each driver’s insurance pays for their own damages, regardless of who caused the accident.
• Legal action against the at-fault party is typically limited unless serious injuries occur.

The Texas at-fault system gives victims greater flexibility but requires clear proof of fault to recover damages.

Common Misconceptions About At-Fault Accident States

• “The at-fault driver always pays out of pocket.”
  In most cases, their insurance pays, unless damages exceed coverage limits.

• “Fault is always clear-cut.”
  Determining fault often involves disputes and investigations.

• “You can’t file a lawsuit.”
  In Texas, victims can pursue legal action when necessary.

Advantages and Challenges of an At-Fault System

Advantages

• Accountability: Drivers are held responsible for their actions.
• Compensation Options: Victims can file claims directly with the at-fault driver’s insurance, pursue a lawsuit, or rely on their own coverage.

Challenges

• Disputes Over Fault: Insurance companies often dispute liability to avoid paying claims.
• Underinsured Drivers: Many drivers carry minimum coverage, which may not be sufficient for major accidents.

Navigating these challenges can be overwhelming without legal assistance.

Insurance Requirements in an At-Fault Accident State

Texas law mandates that all drivers carry minimum liability insurance to cover damages they cause in an accident. These requirements, under the state’s minimum liability insurance requirements, are:

• $30,000 for bodily injury per person
• $60,000 for total bodily injury per accident
• $25,000 for property damage

This is often referred to as 30/60/25 coverage. Drivers who fail to maintain insurance face penalties, including fines, license suspension, and vehicle impoundment.

However, minimum coverage may not be enough in accidents involving severe injuries or substantial property damage. In such cases, the at-fault driver may be personally liable for damages exceeding their policy limits.

What If I’m Partly at Fault? Comparative Negligence in Texas

If you believe you may be partially responsible for an accident, it’s important to understand how Texas law handles shared fault. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code §33.001. Here’s how it works:

You can recover damages only if you are 51% or less at fault for the accident. If you are partially at fault, your compensation is reduced by your percentage of fault.

For example, If your damages total $100,000 but you are found 20% at fault, you can recover $80,000. If you are 51% or more at fault, you cannot recover any damages.

This rule highlights the importance of building a strong case to demonstrate the other party’s fault and minimize your percentage of liability. An experienced personal injury attorney can gather evidence, consult with experts, and negotiate on your behalf to ensure your level of fault is accurately represented—maximizing the compensation you deserve.

Will Insurance Go Up if You’re At-Fault for an Accident?

Yes, your car insurance premium will likely increase if you’re found at fault for an accident. Insurance companies calculate premiums based on risk, and being at fault signals a higher likelihood of future claims. The amount of the increase depends on several factors, including the severity of the accident, the cost of the claim, your driving history, and your insurance provider’s policies.

If it’s your first at-fault accident and you have a clean driving record, some insurers may offer accident forgiveness, which prevents your premium from increasing. However, if you’ve had multiple accidents or traffic violations, the impact on your premium could be more significant.

Steps to Take after an Accident in an At-Fault State

If you’re injured in an accident in Texas through no fault of your own, it’s imperative to take the following steps and strengthen your claim:

1. Always Carry Adequate Insurance: Texas law requires drivers to carry liability insurance, but not all drivers comply or have sufficient coverage. To protect yourself, consider adding uninsured/underinsured motorist coverage to your policy. This can help cover your expenses if the at-fault driver lacks adequate insurance.
2. Report the Accident: Notify law enforcement immediately, even for minor accidents. A police report is a critical piece of evidence that can help establish fault. Exchange contact and insurance information with the other driver, but avoid admitting fault or making speculative statements about the accident.
3. Document the Scene: Collect as much evidence as possible at the scene of the accident:
   * Take detailed photos of the vehicles, damage, injuries, and road conditions.
   * Gather witness contact information and statements. Witnesses can provide impartial accounts of what happened.
   * Note important details, such as time, location, and weather conditions.
4. Seek Medical Attention: Even if you feel fine, seek medical attention as soon as possible. Some injuries, like whiplash or internal trauma, may not present symptoms immediately. A prompt medical evaluation creates a record of your injuries, which is essential for proving your case.
5. Contact a Personal Injury Attorney: Navigating the aftermath of an accident in an at-fault state like Texas can be challenging, especially when insurance companies are involved. They may dispute liability or attempt to minimize your payout. An experienced personal injury attorney will:
   * Investigate the accident and gather evidence to prove fault.
   * Handle communications and negotiations with insurance companies.
   * Advocate on your behalf to ensure you receive fair compensation for medical bills, lost wages, property damage, and pain and suffering.

By taking these steps promptly, you not only protect your health but also strengthen your case to secure the compensation you deserve. If you’ve been injured due to another driver’s negligence, contacting a trusted personal injury attorney can make all the difference in achieving a successful outcome.

When to Consider Filing a Personal Injury Lawsuit Against an At-Fault Driver

In many personal injury cases, insurance claims are resolved through negotiations, but there are situations where filing a lawsuit becomes necessary to protect your rights and secure fair compensation. You should consider pursuing a personal injury lawsuit if:

• The Insurance Company Denies Liability
  If the at-fault driver’s insurance company refuses to accept responsibility for the accident, they may deny your claim entirely. This often happens when liability is disputed, or the insurer attempts to blame you for the accident. Filing a lawsuit allows you to present evidence, challenge their denial, and hold the responsible party accountable.
• The Settlement Offer Is Insufficient to Cover Your Losses
  Insurance companies often try to settle quickly for far less than what your case is worth. If the settlement offer does not adequately cover your medical expenses, property damage, lost wages, and other losses, filing a lawsuit can force the insurer to reconsider and may lead to a higher payout through negotiations or trial.
• You Suffered Severe Injuries
  Serious injuries often require long-term medical treatment, rehabilitation, or even lifelong care. Additionally, these injuries may impact your ability to work, significantly affecting your livelihood. Filing a lawsuit allows you to pursue compensation not just for current expenses but also for future medical costs, lost earning capacity, and ongoing care needs.
• You Are Entitled to Non-Economic Damages
  Texas law allows injured individuals to seek compensation for non-economic damages—such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. Insurance companies often undervalue these damages, making it necessary to file a lawsuit to ensure you receive the full compensation you deserve.
• The Statute of Limitations Is Approaching
  In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. If negotiations with the insurance company stall or remain unproductive, filing a lawsuit ensures you don’t lose your right to pursue compensation under the law.

Filing a personal injury lawsuit may seem daunting, but it is often the most effective way to secure justice and full financial recovery. By working with an experienced personal injury attorney, you can level the playing field, navigate the complexities of the legal process, and fight back against insurance companies that fail to treat you fairly. At Varghese Summersett, we are committed to advocating for our clients every step of the way—ensuring you receive the compensation you need to move forward.

Why Having an Experienced Personal Injury Attorney Matters

When you’re involved in an accident, navigating the legal and insurance processes can be overwhelming, especially while trying to recover physically and emotionally. This is where an experienced personal injury attorney becomes invaluable. Here’s why:

• Thorough Investigation to Prove Fault
  Determining who is at fault is critical to securing compensation. An experienced attorney will conduct a comprehensive investigation, gather evidence such as police reports, witness statements, and accident reconstructions, and consult with experts when necessary to build a strong case that clearly establishes liability.
• Skilled Negotiation with Insurance Companies
  Insurance companies often try to minimize payouts, offering settlements that are far below what you deserve. A seasoned personal injury attorney knows how to counter these tactics, leveraging their experience to negotiate effectively and ensure you receive fair compensation for medical expenses, property damage, lost wages, and pain and suffering.
• Representation in Court When Necessary
  While many personal injury claims are resolved through settlement, some cases require litigation. If a fair agreement cannot be reached, a skilled attorney will represent you in court, presenting a compelling case before a judge or jury to fight for the compensation you deserve.

At Varghese Summersett, our team of dedicated personal injury attorneys has the experience, resources, and tenacity to take on insurance companies and ensure you receive the maximum recovery you’re entitled to. We understand what’s at stake and are committed to standing by your side every step of the way—so you can focus on healing while we focus on winning.

Injured in an Accident? Contact Varghese Summersett Today

If you’ve been injured in a Texas car accident, don’t wait to seek legal help. Evidence can disappear, and delays may jeopardize your case. At Varghese Summersett, we understand the challenges you face and are committed to fighting for the compensation you deserve.

Call us today at (817) 203-2220 or contact us online to schedule a free consultation. Let us handle the legal complexities so you can focus on healing.

Shoppers love it when stores have stocked their shelves with the latest and greatest merchandise — but they attract more than eager buyers. Recently, there has been a surge in “flash mob thefts,” where groups of individuals descend on stores in coordinated efforts, overwhelming security, and staff to steal loads of high-value items and vanish within minutes. Far from random acts of desperation, these are calculated moves by well-organized criminal enterprises.

This phenomenon has a name: Organized Retail Theft, or ORT. It’s a growing concern for law enforcement in Texas, especially during holiday seasons when stores are bustling, and resources are stretched thin.

In this article, the criminal defense attorneys at Varghese Summersett break down the laws surrounding Organized Retail Theft in Texas, the potential penalties, and the possible defense for those accused of these crimes.

What is Organized Retail Theft in Texas?

Organized Retail Theft (ORT) is a coordinated crime involving individuals or groups who steal merchandise from retail establishments with the intent to resell the goods for profit. Unlike shoplifting, which is typically committed by a single individual for personal use, Organized Retail Theft involves a criminal network that often targets multiple stores, stealing large quantities of merchandise. These goods are then sold through fencing operations, online marketplaces, or other illicit channels.

The state estimates that it loses more than $421 million a year from organized retail theft. And major metropolitan areas, like Houston, rank among the top cities in the United States for Organized Retail Theft, underscoring the popularity of this growing crime.

If you or a loved one is facing a charge of ORT in Dallas, Fort Worth, Houston, or the surrounding areas, it is critical to contact a seasoned defense attorney immediately. The attorneys at Varghese Summersett have extensive experience handling complex criminal cases, including Organized Retail Theft.

The Law: Organized Retail Theft in Texas

Under Section 31.16 of the Texas Penal Code, a person commits Organized Retail Theft if he or she intentionally conducts, promotes, or facilitates an activity where a person receives, possesses, conceals, stores, barters, sells, or disposes of:

1. stolen retail merchandise; or
2. merchandise explicitly represented to the person as being stolen retail merchandise.

This statute differentiates Organized Retail Theft from standard theft by focusing on the organized and coordinated nature of the nature of the crime. Key elements of Organized Retail Theft in Texas include:

• Collaboration between multiple individuals to commit theft.
• Targeting retail establishments to steal merchandise.
• Selling stolen goods through established fencing operations or online platforms.

The Punishment for Organized Retail Theft in Texas

The penalties for Organized Retail Theft in Texas depend on the total value of the stolen merchandise. These penalties range from misdemeanors to first-degree felonies, as outlined below:

• Less than $100: Class C misdemeanor punishable by up to a $500 fine.
• $100 to $749: Class B misdemeanor punishable by up to 180 days in jail.
• $750 to $2,499: Class A misdemeanor punishable by up to a year in jail.
• $2,500 to $29,999: State jail felony punishable by six months to two years in a state jail facility.
• $30,000 to $149,999: Third-degree felony punishable by 2 to 10 years in prison.
• $150,000 to $299,999: Second-degree felony punishable by 2 to 20 years in prison.
• $300,000 or more: First-degree felony punishable from 5 years to life in prison.

Certain aggravating factors can increase the charges to a higher level. For example:

• Acting as a leader within the theft ring.
• Activating or deactivating fire exit alarms during the theft.
• Using tools or devices to circumvent anti-theft measures.

In addition to state prosecution, Organized Retail Theft cases may also be pursued at the federal level if they involve interstate operations or large-scale theft.

Collateral Consequences of Organized Retail Theft in Texas

A conviction for Organized Retail Theft (ORT) in Texas extends far beyond fines, probation, or jail time—it can significantly impact your personal and professional life for years to come. Because ORT is considered a crime of moral turpitude, the consequences can ripple through nearly every aspect of an individual’s future. Here’s a closer look at the potential fallout:

• Damage to Reputation and Employability
  A conviction for Organized Retail Theft can permanently tarnish your reputation. Crimes of moral turpitude—offenses that involve dishonesty or deceit—carry a social stigma that can raise red flags for employers. Many companies conduct background checks, and an ORT conviction may make it difficult to secure jobs, especially in industries that require trust, such as retail, finance, or education.
• Loss of Professional Licenses
  For individuals in licensed professions—such as nursing, law, real estate, or teaching—an Organized Retail Theft conviction can lead to disciplinary actions or even the loss of their license. Licensing boards often view crimes of dishonesty as a breach of professional ethics, which can jeopardize a person’s ability to work in their chosen field.
• Difficulty Securing Housing and Financial Aid
  A criminal record can also create challenges in obtaining housing or financial aid. Landlords and housing authorities frequently screen applicants for criminal convictions, and a conviction for a theft-related crime can result in denials. Additionally, federal financial aid for education may be restricted for individuals with certain types of criminal records.
• Civil Lawsuits
  Retail establishments that have suffered losses due to Organized Retail Theft may pursue civil lawsuits to recover damages. These lawsuits can include restitution claims for the stolen merchandise, legal fees, and other related costs, further compounding the financial burden on the accused.
• Immigration Consequences
  For non-U.S. citizens, a conviction for Organized Retail Theft as a crime of moral turpitude can have serious immigration consequences, including denial of naturalization, visa revocation, or deportation.

Given these far-reaching consequences, it’s essential to take ORT charges seriously and seek experienced legal representation. A strong defense may help reduce the charges, avoid a conviction, or mitigate the penalties, protecting your future from the collateral damage of an ORT conviction.

The Roles in Organized Retail Theft

Organized Retail Theft (ORT) is a sophisticated criminal operation that involves multiple participants, each playing a distinct role to ensure the success of the enterprise. These roles are integral to the functioning of ORT networks, and understanding them is key to combating this form of organized crime. Here’s an in-depth look at the primary roles:

Boosters

Boosters are the frontline operatives who physically steal merchandise from retail stores. They often work in teams, employing tactics such as distraction, concealment, or speed to evade detection. Boosters are typically highly skilled at navigating store layouts and exploiting vulnerabilities in security systems. Their stolen goods fuel the supply chain of the ORT operation.

Fences

Fences act as intermediaries between boosters and the end market. They purchase stolen goods from boosters at a fraction of their retail value and resell them for profit. Fences may operate through physical storefronts, online marketplaces, or informal networks. Their role is crucial in converting stolen merchandise into liquid assets, which finance the broader criminal enterprise.

Cleaners

Cleaners are responsible for “sanitizing” stolen goods by removing security tags, labels, or any other identifying markers that could trace the merchandise back to the theft. This process makes the items more marketable and reduces the risk of detection during resale. Cleaners may also repackage goods to make them appear new or untraceable.

Money Launderers

Money laundering is an essential component of Organized Retail Theft operations, as it disguises the illegal origins of profits generated by selling stolen goods. Money launderers use various techniques, such as creating fake businesses, mixing illicit funds with legitimate revenue, or using offshore accounts, to obscure the money trail. Their role ensures that the financial gains can be safely reinvested into the operation or enjoyed by the ringleaders.

Ringleaders

Ringleaders are the masterminds behind the Organized Retail Theft operation. They recruit and coordinate the efforts of boosters, fences, cleaners, and money launderers, ensuring the enterprise operates smoothly and profitably. Ringleaders often reap the largest financial rewards while staying insulated from the day-to-day risks. They use their organizational skills and connections to maintain control over the network, plan large-scale thefts, and expand their criminal enterprises.

Each of these roles is critical to the success of an organized retail theft operation, creating a well-oiled machine that exploits weaknesses in retail systems for profit.

Examples of Organized Retail Theft in Texas

Organized Retail Theft (ORT) manifests in various ways, often involving sophisticated planning and execution. Below are some real-world examples that illustrate the scope and methods used in these crimes:

Large-Scale Theft Across Multiple Retail Locations

In one scenario, a group systematically targeted major electronics stores across Houston, stealing high-value items such as laptops, tablets, and gaming consoles. By hitting multiple locations in a single day, the group amassed merchandise worth tens of thousands of dollars. The thefts were coordinated, with individuals assigned specific roles, such as distracting employees, grabbing items, or driving getaway vehicles.

Fencing Operations Through Online Platforms

Another common example involves the sale of stolen goods through online marketplaces. High-end fashion items, electronics, or jewelry are listed on e-commerce platforms such as auction sites or social media marketplaces, often at discounted prices to attract unsuspecting buyers. These platforms provide anonymity and a global reach, making it difficult for law enforcement and retailers to trace the stolen goods back to their origins.

Warehouse Storage of Stolen Merchandise

Sophisticated crime rings often use storage units, warehouses, or even rented homes as hubs to conceal large quantities of stolen goods. For instance, a Texas-based operation rented multiple storage units to store stolen merchandise collected from different cities. Once a significant inventory was gathered, the items were sold in bulk to buyers who knowingly or unknowingly participated in the illegal resale process.

“Smash-and-Grab” Thefts

In some cases, groups execute dramatic smash-and-grab thefts, breaking into retail stores after hours or using tools to shatter display cases. These incidents often target jewelry stores, electronics retailers, or high-end fashion boutiques. The stolen goods are quickly removed, and the perpetrators flee within minutes, making it challenging for authorities to respond in time.

Retail Employee Involvement

Organized theft rings sometimes recruit employees to assist with their schemes. These individuals may provide inside information about store layouts, schedules, or security weaknesses, making the thefts more effective. In some cases, employees are coerced or incentivized to participate in return for a share of the profits.

These examples highlight the diverse tactics and ingenuity behind Organized Retail Theft in Texas, as well as the significant challenges they pose for retailers and law enforcement.

What to Do if Arrested for Organized Retail Theft in Texas

If you are arrested for Organized Retail Theft in Texas:

• Remain silent: Do not speak to law enforcement without legal counsel.
• Preserve evidence: Gather any documentation, receipts, or communication that could support your case.
• Contact Varghese Summersett immediately: Time is critical to building an effective defense.

Possible Defenses for Organized Retail Theft in Texas

Defenses for a charge of Organized Retail Theft in Texas depend on the circumstances of the case but may include:

• Lack of intent: Demonstrating that the accused did not knowingly participate in the theft or resale of stolen merchandise.
• Mistaken identity: Proving that the accused was wrongly identified as part of the theft ring.
• Lack of evidence: Highlighting insufficient evidence to connect the accused to the organized activity.
• Coercion or duress: Showing that the accused was forced to participate against their will.

An experienced criminal defense attorney will thoroughly investigate the case to identify weaknesses in the prosecution’s argument and build a strong defense.

Facing a Charge of Organized Retail Theft in Fort Worth, Houston, or Dallas? Contact Us Today.

Organized Retail Theft in Texas is a serious offense with far-reaching consequences. If you or a loved one is facing charges, call Varghese Summersett at 817-203-2220 or contact us online for a confidential consultation. Our attorneys have a deep understanding of Texas theft laws and the experience necessary to protect your rights.