Aggravated Assault w/ Deadly Weapon – Dismissed

Location: San Antonio, Bexar County
Charges: DWI • Aggravated Assault with a Deadly Weapon (Motor Vehicle)
Result: Aggravated Assault Charge Dismissed

Case Summary

Our client was involved in a two-vehicle collision at the intersection of Potranco Road and N. Grosenbacher in San Antonio. After the crash, police charged the client with DWI—supported by a reported blood result—and additionally alleged Aggravated Assault with a Deadly Weapon, claiming the vehicle itself was used as a deadly weapon during the collision.

Texas Defenders immediately conducted a comprehensive review of the crash investigation, the law enforcement procedures used, and the complaining witness's role in the incident. What we uncovered raised significant concerns about the reliability of the State's case.

Defense Strategy & Key Issues Identified

• No Serious Bodily Injury
The complaining witness suffered a laceration that required staples but was discharged the same day. The injury did not meet the legal threshold required for the State's enhancement theory.

• Major Flaws in the Crash Investigation
Our review revealed:
– Missing black box data
– No intersection video download
– No meaningful crash-scene measurements
– Inconsistencies between officer body-cam footage and written reports
– Spoliation concerns due to the failure to preserve critical evidence

These deficiencies severely undermined the reliability of the State's reconstruction.

• Contributory Fault by the Complaining Witness
Evidence showed:
– No braking prior to impact
– Lack of seatbelt use
– Likely speeding through a yellow-to-red light
– A concerning history of prior high-speed citations and an active warrant

This supported the defense's position that the collision was not the result of criminally reckless conduct by our client.

• Lack of Evidence of Recklessness by the Client
Nothing in the State's investigation demonstrated intentional or reckless driving sufficient to support an aggravated assault charge.

• Potential Miranda & Suppression Issues
Several statements and pieces of evidence appeared to be obtained without proper advisement of rights, creating additional suppression problems for the State.

Client Background & Mitigation

Our client had no criminal record, no prior DWIs, actively pursued sobriety, completed classes in advance, and demonstrated genuine efforts toward rehabilitation. We presented this full mitigation package to the prosecutor as part of our dismissal request.

Outcome

After reviewing the evidentiary issues, the mitigation materials, and the totality of circumstances, the State agreed to dismiss the Aggravated Assault with a Deadly Weapon charge in full.

The client avoided a serious felony conviction and its lifelong consequences.