If law enforcement officers investigating a crash with injuries decide that you were drinking or taking drugs and caused the crash, you could receive a charge of intoxication assault in addition to DWI.
Although a DWI charge is very serious, an intoxication assault charge is even more potentially life-altering. This is a felony charge, and depending on the circumstances of the accident, you could face a third-degree or second-degree felony. A Hurst intoxication assault lawyer from our team is ready to defend you against this very serious charge.
What does Intoxication Assault Entail?
To convict on an intoxication assault charge, the state must show that:
- You were operating a vehicle in a public place or on a public road.
- You were driving under the influence of alcohol or drugs.
- You caused an accident leaving other people with serious bodily injuries.
The Texas Penal Code Chapter 49.07 defines serious bodily injury as resulting in permanent disfigurement, loss or impairment of a bodily member or organ, or substantial risk of death. To achieve an intoxication assault conviction, the prosecution must show that the other person’s injuries fit this definition.
You May Face Enhanced Charges
Normally, a charge of intoxication assault is a third-degree felony. However, should certain circumstances exist in your accident, prosecutors may choose to upgrade the charge to a second-degree felony. For example, this may happen if someone injured in the accident suffers a brain injury resulting in a vegetative state.
According to the Texas Attorney General’s Office, a third-degree felony carries a potential prison sentence of two to ten years. A second-degree felony has a potential prison sentence of two to 20 years. Your Hurst intoxication assault attorney will work hard to help you avoid these enhanced penalties.
You May Face Additional Charges
Along with an intoxication assault charge, it is common to face other charges, as well. Because intoxication assault requires you to be operating a motor vehicle under the influence of alcohol or drugs, prosecutors are likely to add a DWI charge. Reckless driving is another common charge associated with intoxication assault.
When your Hurst criminal defense lawyer at the Law Offices of Randall B. Isenberg is working on your case, we will fight hard to try to reduce the number of charges you are facing or reduce the severity of the charges. We will seek facts that show why enhanced or additional charges are inappropriate in your case.
We Have Several Defense Techniques We Can Try
Our intoxication assault lawyers in Hurst, Texas have experience defending clients against this charge. We know this is a difficult charge to face, and we know you are placing your trust in us to try to help you receive the best possible outcome.
It would be unethical for us to guarantee that you will win your case. However, you can rest assured that we will investigate your case thoroughly and try to develop the defense strategy that makes the most sense to match your particular circumstances.
Requesting a Dismissal or Reduction of the Charges
Ultimately, our goal for this type of case will involve avoiding a felony conviction if possible. Although we hope to dismiss the charges completely, the facts in the case may prevent us from doing so successfully.
However, prosecutors may be willing to reduce the charges against you, such as charging you with a misdemeanor instead of a felony, in exchange for you pleading guilty to this reduced charge.
Prosecutors may do this if they believe the facts in the case will make achieving a felony conviction difficult or if they want to resolve the case quickly. We may recommend that you agree to plead guilty to reduced charges, as we believe this is the best possible outcome in some circumstances.
We May Decide Going to Trial Is the Best Option
Although facing these charges in a trial can be nerve-wracking, we may recommend that presenting the facts in court will give us the best chance of giving you the ability to avoid a felony conviction.
Negotiating a reduced charge gives us a sure outcome, whereas going to trial means the outcome will be up to a jury or judge. We will consider all these factors when deciding what type of defense strategy to deploy. We are willing to take the time to do whatever we need to do to help you have the best possible outcome.
Trust Our Team’s 30-Plus Years of Experience
Attorney Randall B. Isenberg has a wide range of experience on all sides of criminal cases, giving him a unique perspective that he can use to your benefit.
In his 30-plus years of experience, he has spent time as a prosecutor, a state district judge, and now a criminal defense attorney. This gives him insight into how prosecutors attack intoxication assault cases, allowing him to develop the best possible defense strategy for you.
We Do Not Let Prosecutors Intimidate Us or Our Clients
After law enforcement arrests you with a potential intoxication assault charge, you may feel like prosecutors and officers are trying to intimidate you into admitting to the crime. And the truth is, they are.
When you hire our team to represent you, you don’t have to speak to law enforcement officers by yourself. With us by your side during questioning, we can protect your rights.
The Law Offices of Randall B. Isenberg Will Defend You Aggressively
Our Hurst intoxication assault lawyers take this charge against you very seriously. We will fight hard to try to achieve the best outcome for your situation.
Reach out to the Law Offices of Randall B. Isenberg as soon as possible for a consultation about your case.
