Drive-by Shooting Could Mean Life in Prison In Texas
Among the many changes in the Texas Penal Code which went into effect on Tuesday, September 1, 2009, is HB 176 relating to Penal Code Section 22.02 which is the statute addressing the crime of Aggravated Assault.
The law was amended to provide that Aggravated Assault, which in most instances is punishable as a second degree felony, is punished as a first degree felony, if the actor is in a motor vehicle, and knowingly discharges a firearm at or in the direction of a habitation, building , or vehicle , and is reckless as to whether the habitation, building, or vehicle is occupied, and in discharging the firearm, causes serious bodily injury to any person.
Under the previous law if someone was shot in a drive-by shooting and injured seriously, even if the injury was as serious as paralysis, the punishment for the accused was limited to a second degree felony. The new law could mean up to life in prison for a drive-by.
If you are in need of the services of a Houston Criminal Defense Attorney call Texas Board Certifed Attorney Mario Madrid at 713-877-9400.
