Hit And Run (FSRA) Lawyer In Orange, TX
Failure to stop and render aid, or FSRA, is the Texas hit and run charge for a collision that injured or killed someone. It is filed under Transportation Code § 550.021, and it can apply whoever caused the crash. This page covers the driver's duties, the penalty levels, defenses and the felony process in the county.
What Is Failure To Stop And Render Aid In Texas?
Failure to stop and render aid (FSRA) under Transportation Code § 550.021 means a driver involved in a collision that injures or kills someone, or is reasonably likely to, did not stop, check for injuries, return, or stay to give information and reasonable aid. At the lowest injury level the statute allows up to five years in prison or up to one year in jail, and a death makes it a second degree felony.
Source: Texas Transportation Code Chapter 550, Accidents and Accident Reports
Understanding Texas Law
How Does Texas Law Define Failure To Stop And Render Aid?
Failure to stop and render aid is defined by Transportation Code § 550.021. The operator of a vehicle involved in a collision that results, or is reasonably likely to result, in injury to or death of a person has four duties:
- Immediately stop at the scene, or as close to it as possible without obstructing traffic more than necessary
- Immediately determine whether a person is involved and, if so, whether that person needs aid
- Immediately return to the scene if the vehicle did not stop there
- Remain at the scene until the duties in § 550.023 are met: identifying information, and reasonable assistance to anyone injured
A driver who knowingly skips any of those duties commits the offense. Texas courts have long required proof that the driver knew a collision had occurred.
FSRA is about what happened after the crash, not before it.
That is what separates it from intoxication assault or manslaughter, which are about causing the injury. A driver can be blameless for the collision and still face FSRA for driving away.
It also differs from failure to stop and give information, the misdemeanor charge for a collision that damaged only property.
What the state must prove beyond a reasonable doubt:
- The accused was operating a vehicle involved in a collision
- The collision resulted, or was reasonably likely to result, in injury or death
- The driver knew of the collision
- The driver failed to stop, return, remain, or give information or aid
- The level of injury charged, which sets the felony degree
Penalties And Consequences
What Are The Penalties For FSRA Hit And Run In Texas?
The level of an FSRA charge is set by the worst injury anyone suffered, not by how the collision happened. These are statutory limits, not predictions of what will happen in any one case.
2 to 20 years and up to $10,000.
2 to 10 years and up to $10,000.
Code of Criminal Procedure art. 42A.516.
- Death
- Second degree felony. 2 to 20 years in prison and a fine of up to $10,000.
- Serious bodily injury
- Third degree felony. 2 to 10 years in prison and a fine of up to $10,000.
- Any other injury
- Up to 5 years in prison or up to one year in county jail, a fine of up to $5,000, or both.
- Probation on a death case
- If community supervision is granted, the judge must order at least 120 days of confinement as a condition, under Code of Criminal Procedure art. 42A.516.
- Record
- A felony conviction is a permanent public record and can affect firearm rights, work and licenses.
Texas defines serious bodily injury in Penal Code § 1.07 as an injury creating a substantial risk of death, or causing death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. That definition is the gap between the third degree level and the lowest FSRA level.
Real Questions
What Do People Ask About FSRA In Texas?
Can I be charged if the crash was not my fault?
What if I stopped for a moment and then left?
What if I did not think anyone was hurt?
How does the state find the driver after a hit and run?
Can FSRA be reduced?
Possible Defenses
How Can An FSRA Charge Be Defended?
An FSRA case is built after the fact, often from fragments. An attorney reviews what the state can prove about identity, knowledge and injury level. No result can be promised.
Identity, knowledge and injury are separate questions.
Phone records, location data and camera video can place a person or a vehicle, or fail to. Medical records are used to prove the injury level. Constitutional issues include how a vehicle was identified, any warrantless search and any statement made to investigators.
Who Was Driving
Can the state prove the driver, not just the owner of the vehicle?
Knowledge Of The Collision
Did the driver know a collision with a person or a vehicle carrying a person occurred?
What Happened At The Scene
Did the driver stop, return or stay, even briefly, and what did they do?
Injury Level
Do the medical records support the level of injury charged?
Lawful Identification
Were the vehicle and driver identified through lawful searches and records?
Statements
Were statements made voluntarily and recorded accurately?
Local Process
What Happens After An FSRA Arrest In Orange County?
A felony FSRA charge has to be presented to a Orange County grand jury and returned as an indictment before it can go to trial.
Investigation
Crash reconstruction, vehicle damage, paint transfer, phone records and area cameras are used to identify the vehicle and the driver.
Warrant And Arrest
An FSRA arrest can come days or weeks after the collision, once investigators connect a vehicle to a driver.
Indictment
The case goes before the grand jury. If an indictment is returned, it is assigned to a district court for arraignment, discovery and trial settings.
Discovery And Resolution
Evidence is exchanged under art. 39.14, and the case ends in dismissal, a plea or a trial.
- Where it is heard
- One of the county's three district courts: 128th District Court, 163rd District Court, and 260th District Court.
- Who prosecutes
- The Orange County District and County Attorney's Office.
- Who investigates
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department, depending on where the collision happened.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
When a driver leaves a fatal collision, investigators can look at whether the driver was intoxicated or driving recklessly. That can lead to an intoxication manslaughter count or a manslaughter count filed alongside the FSRA charge. The 2013 Legislature raised FSRA involving a death from a third degree to a second degree felony.
Next Steps
What Should You Do After An FSRA Investigation Or Charge?
These steps are general information, not advice for any one person.
Do Not Talk To Investigators
Ask for a lawyer before any interview about the collision.
Do Not Repair Or Alter The Vehicle
Damage and parts are evidence in both directions.
Keep Your Phone And Records
Do not delete messages, location history or photos.
Write Down Your Memory
Record what you recall for your attorney only.
Save Court Papers
Keep any warrant, bond and notice.
Avoid Social Media
Do not post or contact those involved.
Talk to a lawyer early. Mitchell Law Firm offers a confidential conversation about an FSRA charge or investigation in Orange County. Calling before an arrest can keep more options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Transportation Code Chapter 550: § 550.021 and § 550.023 duties after a collision
- Texas Penal Code Chapter 12: Felony punishment
- Texas Penal Code Chapter 1: Definitions, including serious bodily injury
- Texas Penal Code Chapter 49: Intoxication manslaughter and assault
- Texas Code of Criminal Procedure Chapter 42A: Community supervision, including art. 42A.516
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 12: Limitation periods
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Traffic Charges
Other Criminal Traffic Charges In Orange, TX
The same collision can support several charges, and FSRA is often only one of them. See the full Traffic Violations defense overview for Orange.
Evading Arrest
Running from an officer on foot is a misdemeanor. Doing it in a car or truck is a felony from the first offense.
Failure To Stop And Give Information
Leaving a collision that damaged a vehicle without exchanging information. A Class B misdemeanor once the damage reaches $200.
Reckless Driving
Driving with wilful or wanton disregard for safety. A jailable misdemeanor, not a ticket you can pay by mail.
Street Racing
Racing on a highway under Transportation Code § 545.420. A Class B misdemeanor at first, with a mandatory impound and a one year license suspension on conviction.
Street Racing With Bodily Injury
When a race on a public road injures or kills someone, § 545.420 makes it a third or second degree felony.
Common Questions
FSRA Hit And Run Questions People In Orange Ask
Is leaving the scene of an accident with injuries a felony in Orange, TX?
Under Transportation Code § 550.021, leaving a collision that injured or killed someone without meeting the duties to stop, check for injuries and give aid is a serious offense. A death makes it a second degree felony, serious bodily injury makes it a third degree felony, and any other injury carries up to five years in prison or up to one year in county jail.
Does it matter who caused the crash in an Orange County FSRA case?
The duties in § 550.021 apply to the operator of any vehicle involved in a collision that injures or kills someone, and the statute reaches collisions where an injury is a reasonable probability even before it is confirmed. Fault for the collision is not an element of the offense. A driver who did nothing wrong in the crash itself can still be charged for what happened afterward.
What does render aid mean under Texas law in Orange, TX?
Section 550.023 requires reasonable assistance to a person injured in the collision. That includes transporting the person, or arranging transport, to a physician or hospital for medical treatment if it is apparent treatment is needed or if the injured person asks for it. The driver also has to give name, address, registration and insurance information.
Is probation available for an FSRA death case in Orange County?
Community supervision can be granted on an FSRA death conviction. Since 2019, Code of Criminal Procedure art. 42A.516 requires a judge who grants it in that situation to order at least 120 days of confinement as a condition. Whether supervision is granted at all is decided by the court or the jury on the facts of the case.
Can someone be charged with FSRA and intoxication manslaughter in Orange, TX?
The two offenses have different elements. Intoxication manslaughter under Penal Code § 49.08 concerns causing a death while intoxicated. FSRA concerns leaving the scene afterward. Both are second degree felonies when a death results, and the state can file both from the same collision. How they are charged and resolved depends on the evidence in the case.
What if I did not know I hit a person in Orange, TX?
Texas courts have long required proof that the driver knew a collision had occurred. A driver who truly did not realize there had been a collision with a person stands in a different position from one who knew and left. The state has to prove knowledge from the circumstances, such as the damage to the vehicle, the driver's actions and any statements.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
An FSRA investigation can move from a crash report to a warrant quickly. The sooner the evidence is reviewed, the more of it is still available.
Orange Office
