When you are accused of driving while intoxicated and causing a collision where someone else suffers a serious injury, you could face intoxication assault charges. Intoxication assault is considered a serious offense in Denton. If you are convicted, you could face severe penalties.
For this reason, it is essential to take action to clear your name of the charges against you. A dedicated Denton intoxication assault lawyer at Law Offices of Randall B. Isenberg could help you dodge a conviction. When you call our office, you’ll learn more about which defense strategy is most likely to produce a favorable outcome in your case.
When Can You Be Charged With Intoxication Assault in Denton?
Under Texas Penal Code § 49.07, you can be charged with intoxication assault when you operate a motor vehicle under the influence of drugs or alcohol and cause a motor vehicle accident where someone else suffers injuries. Almost any type of injury can be considered serious if it causes lasting disfigurement, loss of function to limbs, organs, or body parts, or will otherwise have a substantial impact on the victim’s life.
Intoxication assault charges are generally third-degree felonies. However, if there are certain aggravating factors present, your charges could be enhanced to a second-degree felony. Some of these aggravating factors could include:
- Victims being first responders
- Victims remaining in a coma or vegetative state
- A child being involved or injured
- The location of the accident
- Your blood alcohol concentration (BAC) levels at the time of the accident
If the person who suffered serious injuries in the accident passes away, in addition to the intoxication assault charges against you, you may face intoxication manslaughter charges as well.
Penalties for a Denton Intoxication Assault Conviction
The consequences of a Denton intoxication assault conviction could have a considerable impact on your life. For the state’s prosecuting attorney to approve guilt beyond a reasonable doubt, they must show that:
- You were the one operating the motor vehicle in question
- You were under the influence of drugs or alcohol at the time of the accident
- You caused an accident
- Another party suffered serious bodily injury as a result of the collision
The penalties you can face will be dependent on the charges against you. Generally, some of the more common penalties associated with intoxication assault convictions in Denton include:
- Fines as high as $10,000
- Suspension or revocation of your driver’s license for a maximum of 2 years
- A maximum of 20 years imprisonment
- Installation of an ignition interlock device (IID)
- Completion of a court-ordered and approved drug or alcohol treatment program
- Completion of driver retraining
- Up to 1,000 hours of community service
Collateral Consequences of an Intoxication Assault Conviction in Denton County
In addition to the criminal penalties associated with an intoxication assault conviction in Denton, there are many collateral consequences you could face. Some of the more common ways your life could be impacted by a guilty verdict include:
- Child custody issues
- Loss of firearm rights
- Temporary loss of voting rights
- Citizenship or immigration issues
- Trouble finding affordable housing
- Difficulty finding gainful employment
- Suspension or revocation of your professional licenses
- Trouble maintaining relationships with family and friends
- Loss of federal student aid eligibility
- Damage to your personal and professional reputations
The aftermath of an intoxication assault conviction could haunt you for the rest of your life. Unless you can secure an expungement, an intoxication assault conviction will follow you forever. For this reason, it is essential to work with an intoxication assault attorney in Denton to clear your name of the charges against you.
Challenging the Denton Intoxication Assault Charges Against You
If you hope to get back to your life and avoid the penalties associated with a Denton intoxication assault conviction, you need to prepare the strongest defense possible. Although pretrial diversion may be available for first-time offenders, they are also only available to non-violent offenses.
Intoxication assault is considered a violent offense, so the state’s prosecuting attorney may be less willing to allow you to enter a pretrial diversion program. However, if you are eligible for a pretrial diversion program, completing the terms of this program could result in the reduction or dismissal of the intoxication assault charges against you.
Defense Strategies
If the state’s prosecuting attorney is unwilling to allow you to enter a pretrial diversion program, preparing a powerful defense to challenge the charges against you may be in your best interests. Some of the more common defense strategies used in intoxication assault cases include:
- Making an illegal stop
- Illegally obtaining evidence
- Issues with blood alcohol concentration (BAC) testing samples
- Laboratory errors
- Unlawful search and seizure
- Mistake of fact
- Lack of liability
The state’s prosecutor will be responsible for proving you’re guilty beyond reasonable doubt. If you hope to dodge a conviction, your attorney will need to introduce that reasonable doubt to the jury so they have no other choice but to acquit you of the intoxication assault charges against you.
To get a better idea of which defense strategy is most likely to result in your acquittal, connect with our Denton intoxication assault attorney to discuss the specific details of your case.
Get Help From Our Intoxication Assault Lawyer in Denton Today
When you have been arrested and charged with intoxication assault in Denton, you could use a legal advocate on your side to help you present the strongest defense possible under the law. Work with a dedicated Denton intoxication assault lawyer at Law Offices of Randall B. Isenberg. Call now for your confidential case review.
If we take on your case, you can be sure that we will do everything possible to get the charges against you reduced or dismissed entirely.
