I don't practice in TX, but we have several avvo criminal defense attorneys that do who may respond, I'll defer to them.
But if the original charge was not adjudicated on the merits ( you were not acquitted by a judge nor jury prior to return of the indictment; the charge was not dismissed with prejudice), then it can be included in the felony indictment with an additional charge in most jurisdictions. This is not double jeopardy in my state, KY. Check with your criminal defense attorney to see if you have any case law or rules of criminal procedure that prohibit such a practice in your jurisdiction.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
The key to double jeopardy in Texas when discussing multiple charges for the same conduct is whether or not there are different elements to each offense. Since Intoxicated Assault with a vehicle has different elements than Aggravated Assault, they can be charged at the same time, for the same event. Just like a Burglary of a Habitation for offense other than theft, and the companion assault or other felony offense can both be charged at the same time because they have different elements. You need a criminal defense attorney as these charges are pretty severe.
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Those are two different ways to charge an offense. If a jury did not believe that you were intoxicated, they could still convict you of the felony offense of assaulting someone with your motor vehicle. Talk with your lawyer about these issues.
As a matter of trial strategy, prosecutors often charge a person with multiple crimes in the same indictment to "cover their bases." Sometimes the evidence at trial does not come out as the prosecutors expect. Consequently, they want as much leverage against you as possible. By charging you with multiple offenses they increase their flexibility and ability to nail you with "something." Talk with your criminal defense lawyer about this. They can explain these strategic issues much better that we can this forum.
That doesn't mean you will be punished twice. Multiple count indictments are common and that's why you need a good criminal defense lawyer. These are only charges, accusations, allegations, not convictions. Do yourself a favor and stop representing yourself.
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