Are you facing intoxication assault charges in McKinney? If so, you face serious felony charges that, upon conviction, will put you in prison for a minimum of two years and as many as ten years. Also, you will pay a substantial fine – up to $10,000 – and lose your driver’s license for as long as two years. An intoxication assault lawyer can protect your legal rights and help you fight these serious criminal charges. Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, provides compassionate, aggressive criminal defense for clients facing DWI and intoxication assault charges in McKinney.
How Will an Intoxication Assault Conviction Affect You?
Intoxication assault, also known as DWI with serious bodily injury, occurs when you drive drunk and cause an accident in which another person gets hurt. The prosecutor can also pursue these charges if you cause an injury accident when boating while intoxicated (BWI).
As established in the Texas Penal Code, you commit DWI if you operate a vehicle in a public place with a blood alcohol concentration (BAC) of 0.08 or above.
Intoxication assault is a third-degree felony offense in Texas, which carries the following repercussions:
- Prison term of two to 10 years
- Monetary fine of up to $10,000
- Mandatory one-year suspension of your driver’s license
Also, the judge may impose supervised probation and up to 600 hours of community service. You may have to install an ignition lock on your car and attend substance abuse counseling or even rehab, at your own expense.
If your BAC registered at 0.15 or above, you could face a second-degree felony charge if you also have one of the following previous convictions:
- DWI
- Intoxication assault
- Intoxication manslaughter
You will also encounter second-degree felony charges if the person injured in your DWI injury accident was a first responder (police officer, EMT, firefighter, etc.). Conviction of a second-degree felony carries a prison sentence up to 20 years and a $10,000 fine.
The prosecutor may tack on additional charges if you did the following:
- Drove recklessly
- Had a minor (age 14 or under) in the car with you
- Had an open container in the vehicle
Finally, upon conviction of a felony DWI, you will have a permanent criminal record. Anyone who runs a background check, including potential employers and landlords, will see that you are a convicted felon. A felony conviction can interfere with virtually every part of your life. You can also avoid hefty fines and lengthy periods of incarceration or imprisonment.
You will lose your right to vote, sit on a jury, or own or possess a firearm. You cannot have a felony conviction expunged from your record or sealed. Because there are so many repercussions for felony charges, you will want to avoid this at all costs. Call previous Chief Felony Prosecutor Randall B. Isenberg to ensure you are covering every angle your prosecutor might try.
What Legal Strategies Will Your Intoxication Assault Lawyer Use?
Because of the serious nature of intoxication assault charges, our legal team will identify the appropriate legal strategies based on the facts and evidence in your case. Our criminal defense attorney will use the information we gather from depositions and the discovery process to build a strong defense.
It is important to note that the burden of proof rests with the prosecution, and they must provide that you met the statutory definition of intoxication at the time of the accident. The prosecutor must also prove that you caused the accident and it caused the victim’s injuries. This provides our team with many possible options for introducing reasonable doubt.
Some Effective Intoxication Assault Defense Strategies Our Firm Has Used
No Legal Impairment at the Time of the Accident Even if the prosecution can demonstrate that your level of impairment exceeded statutory limits at the time the police administered a BAC test, they may struggle to prove your level of impairment at the time of the crash. –
Faulty Chemical Testing for BAC Our legal team will explore the possibility that the police or testing lab improperly administered Breathalyzer or blood tests. Any potential problems with the testing equipment or procedures may produce inaccurate results and thus invalidate the BAC test results. –
Insufficient Injury for Intoxication Assault – The statutes define the extent of injuries necessary to qualify for intoxication assault charges. Often, the prosecutor will pursue this severe charge when the victim sustained only minor injuries. The Texas Penal Code Section 49.07 specifies that the victim must sustain serious bodily injury. This means that the victim suffered a long-term, life-threatening or permanent injury or lost a limb, organ or some degree of physical or mental function.
Alternative Cause of DWI Accident or Wreck Even if the prosecutor has evidence of your intoxication at the time of the accident, he or she must prove that your impairment directly caused the crash. Proving causation requires that he or she shows the legal elements of negligence. Our resources include accident reconstruction specialists that may provide the proof we need that another cause led to the accident. –
Alternative Cause of Injury In addition to proving that your impairment caused the accident, the prosecutor must also prove that the accident – and not some other, related factor or event – caused the victim’s injuries. Showing your culpability also requires that he or she demonstrate the legal elements of negligence. –
If our legal team identifies one or more of these factors in your case, or any other potential basis for a legal challenge, we can use this information to negotiate with the prosecutor to have your charges reduced or dismissed. We can also file court motions to suppress flawed evidence or to dismiss your case to help you avoid potentially lengthy jail time.
If we mutually agree that taking your case to court is the wisest course of action, our team will build the most robust case possible for your criminal defense.
Previous DWI Clients Recommend the Law Offices of Randall B. Isenberg
Every client we represent is a priority for our team, and we work hard to help you rebuild your life and look forward to a bright future. Our previous clients say:
- Jordan: I had two prior DUIs back in the 90s…Randall was able to prove that the test given to me failed to comply with NHTSA standards. So the evidence was ruled invalid, and I’m happy to be free and living life with my beautiful wife and family.
- Previous Client: I was…charged with a DWI 3rd offense. Had to put a Smart Start on my vehicle. Mr. Isenberg was able to get a No Bill and removal of my Smart Start…Isenberg Law Firm is the one to hire if you have a DWI for sure. I highly recommend them.
Hear from our previous clients in their own words on our testimonials page and learn more about how hard we fight for you and your future.
Meet with an Intoxication Assault Lawyer in McKinney Today at No Cost
Before you make any decisions about your case or provide any statements to the police, schedule a no-cost, no-obligation consultation with the Law Offices of Randall B. Isenberg.
We can examine the facts of your case and explain all your potential options. We can answer your questions and ensure you understand how a conviction could affect your life. Getting a full review of your options will ensure that you make the best possible decision for your future.
Attorney Randall B. Isenberg and our entire legal team will work tirelessly on your behalf, to protect your legal rights and build a strong case for your defense. Contact us today at 214-696-9253 to schedule your free consultation.
