The impact of an intoxication assault conviction in Coppell could be far more severe than you realize. Intoxication assault charges carry severe penalties. If you are convicted, your future is on the line.
Take steps to protect your liberties by working with a Coppell intoxication assault lawyer at the Law Offices of Randall B. Isenberg. You can schedule a confidential case evaluation and find out where to begin with your defense strategy when you contact our office.
What Is Intoxication Assault Under Texas Law?
Texas’ intoxication assault statute, Texas Penal Code § 49.07, says that anyone under the influence of alcohol while operating a vehicle and causes an accident that results in serious bodily injury can be charged with intoxication assault. If the victim dies from their injuries, intoxication manslaughter charges may apply.
For the state’s prosecuting attorney to convict, they must ensure the elements of the intoxication assault charges have been met. For example, the injury in question must be considered a severe bodily injury resulting in loss of function, lasting disfigurement, or considerable risk of death.
The prosecutor will also need to prove that the defendant was drunk or drugged, actively operating a vehicle, and responsible for causing the accident. Since guilt needs to be proven beyond a reasonable doubt, it will be up to your attorney to introduce that guilt before the jury.
What If You Are Convicted of Intoxication Assault in Coppell?
When you are charged with intoxication assault in Coppell, you will likely be charged with a third-degree felony. However, depending on the details of your case, your charges could be increased to a second-degree felony. Some aggravating factors that could cause this enhancement include:
- Being within close proximity to a school, park, or another place that children frequent
- A child being in the vehicle or suffering an injury
- The victim being a first responder
- Having a considerably high blood alcohol concentration (BAC) level
- The victim remaining in a vegetative state or coma
The severity of the penalties you will face depends on whether you are charged with a third-degree felony or a second-degree felony. Third-degree felonies in Coppell are punishable by up to ten years in prison and fines as high as $10,000. Second-degree felonies are punishable by up to 20 years and prison and fines as high as $10,000.
Other criminal penalties you could expect to receive as part of your conviction include:
- Driver’s license suspension for up to two years
- Court-ordered driver retraining
- Court-ordered mental health counseling
- Court-ordered drug or alcohol treatment
- Installation of an ignition interlock device (IID)
- Completion of up to 1,000 hours of community service
Fallout of a Coppell Intoxication Assault Conviction
Although criminal penalties result in substantial fines and jail or prison time, the collateral consequences will also significantly impact your life. For example, if you are convicted of intoxication assault in Coppell, you might also need to deal with immigration or citizenship issues.
You may lose your firearm rights and temporarily lose the ability to vote. You might also experience trouble finding and keeping a good job or being approved for safe and affordable housing. Additionally, an intoxication assault conviction in Coppell will likely tarnish your personal and professional reputations.
Remember that intoxication assault charges may not be eligible for expungement. This means a conviction could remain on your record for the rest of your life. If you hope to protect your future, your best option may be to get a defense attorney on your side who can help you clear your name or seek reduced charges.
How to Handle Your Intoxication Assault Defense in Coppell
Fighting the intoxication assault charges against you may be the only way to get your life back. There are several ways you can go about approaching your defense strategy, such as:
- Entering a pretrial diversion program or plea agreement – Pretrial diversion programs and plea agreements may be available for first-time and non-violent offenses. Since intoxication assault may be considered a violent offense, pretrial diversion may not be available in your case. You must meet pretrial diversion program requirements for the intoxication assault charges to be reduced or dismissed.
- Preparing a powerful defense – If the state is unwilling to work with you on rehabilitative options, you must prepare a strong defense strategy. If your constitutional rights were violated, police engaged in misconduct or made mistakes, or other law-enforcement officials or laboratories made an error, you may be acquitted of the charges against you.
Choosing the right defense strategy when facing intoxication assault charges in Coppell can be overwhelming. When you have a criminal defense attorney helping you with your defense instead of a public defender, you can ensure your case gets the time and attention it deserves.
You can go over the details of your intoxication assault charges in Coppell with your attorney to learn more about which options are most likely to produce a favorable outcome in your case. You can be sure your lawyer will work tirelessly to get the charges against you reduced or dropped so you can avoid the harsh penalties of a conviction.
Seek Help from an Intoxication Assault Lawyer in Coppell
Although intoxication assault charges are severe, with the right legal advocate on your side, you may be able to obtain the acquittal you need to put this experience behind you.
You can start working with a Coppell intoxication assault lawyer at the Law Offices of Randall B. Isenberg today. Explore your defense options further when you call our office for a confidential case review.
