If you were accused of intoxicated assault in Austin, Texas, you have rights that you should discuss with our attorney and legal team.
These violent encounters can cause dramatic changes in your life, so you should obtain legal representation when you know that you did nothing wrong or did not commit a crime that rises to this level.
Working with an Austin intoxicated assault lawyer from the Law Offices of Randall B. Isenberg gives you the opportunity to focus on moving forward while we help you navigate the legal system. We will review your situation and review your legal options for fighting the charges you face. We can speak with you more during a free initial consultation.
Determining Fault After the Incident
Determining fault after the incident is a large part of your case. While what occurred may be obvious to you, it may not be obvious to the court, and there may be more to the story. We interview eyewitnesses, review police reports, and conduct our own investigation to ensure we have all the facts. As part of our investigation, we must ensure we have uncovered all parties that were present and may be responsible for the situation. These parties might include:
- Someone you know
- Someone you have never met
- Venue employees
- Law enforcement officials
- Location managers
- Bartenders and others who dispense alcohol
While you may believe that you know what occurred on that day, we ask that you do not reach out to anyone involved in the case. We want to investigate the case fully, and we will not make any claims until we have investigated and shared that information with you. Most importantly, you must be completely transparent with our attorneys so that we understand exactly what occurred. We also review the statutes under which you may be charged, looking at not only what the law says but how your case dovetails with known precedent. In Texas, you might be charged with aggravated assault under Texas Penal Code § 22.02 or alcohol-related offenses as defined by the Texas Department of Public Safety.
What Can an Austin Intoxication Assault Lawyer Do for You?
When you retain us to represent you, we will offer several services that make this challenging time in your life easier. Most of all, we will support you as you work to move past this episode.
Explain the Case to You
Many criminal and assault cases may seem straightforward, but we will explain your rights, the evidence we have, and how we should proceed. By supporting you and explaining everything, we are helping you make informed decisions. There are times when you may negotiate a plea deal, and we will speak on your behalf. We will attend all meetings, and we can even explain when it is wise to go to trial to defend yourself.
Support Your Family
We will support your family by providing you with referrals and additional support. If you need to speak with an employment attorney, for example, we will refer you to someone we have worked with in the past. We will also help you understand how long it should take to resolve your case.
Answer Your Questions
Cases such as this will create more questions than they answer. However, you may feel uncomfortable asking repeated questions throughout your case. We are happy to explain everything to you and give you the information you need. Never be afraid to reach out to our legal team if questions arise or you need information that you cannot get anywhere else.
Communicate on Your Behalf
We will communicate on your behalf. After the incident, you might hear from interested parties that want to know more. We ask that you not speak to them and forward all communications to our office. In short, you can reach out to our legal team at any time when you require support. Having retained an attorney, you can turn to your attorney in situations when you feel you should have a legal representative present.
What Defines Intoxication Assault in Texas?
In Texas, the definition of intoxication assault is something that we focus on as soon as you retain our legal team. The statutes, as mentioned above, have specific language that defines what intoxication assault is. Two phrases stand out when you review the language of Texas law.
First, the crime must be committed “while intoxicated” to hold up in court. In Texas, you are legally intoxicated if:
- You do not have the “normal use of [your] mental or physical faculties” because of “alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance;” or
- You have an alcohol concentration of 0.08 or higher.
Often, law enforcement officials do not offer sobriety tests to arrestees, and that may make it difficult for the prosecution to prove you were intoxicated at the time of the incident. As a result, the prosecution may try to prove you were intoxicated through other means, such as speaking to witnesses, security footage, etc. However, our legal team will argue that there is no proof that you were intoxicated.
If you were intoxicated, we must also look at the issue of bodily injury. For example, you may have committed a DUI offense because you got behind the wheel with a blood alcohol concentration level of 0.8% or more, but did you cause serious bodily injury?
Per Section 49.07 of the Texas Penal Code, serious bodily injury is an “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” For example, Margaret suffered spinal cord injuries after being hit by an intoxicated driver. Her injuries and the resulting damage mean Margaret will be wheelchair-bound for the rest of her life. She has suffered a serious bodily injury.
Proving Serious Bodily Injury
Under Texas law, serious bodily injury is a specific thing the prosecution must prove. Moreover, it must be demonstrated that you caused those injuries – which can be hard to do if there is not much evidence.
Because this is a high bar to cross, we investigate the case carefully to prove that you, in fact, did not cause serious bodily injury. Keep in mind that intoxication assault is a third-degree felony punishable by up to 10 years in jail, a license suspension of 180 days up to two years, and a fine that could be as high as $10,000.Therefore, making this distinction is vitally important to your case.
What Are the Penalties for Intoxication Assault?
Intoxication assault is a felony of the third degree unless there are reasons to impose enhanced offenses and penalties. For the offense of intoxication assault, a person could face:
- Loss of driver’s license (a minimum of six months and a maximum of two years)
- A two-year minimum prison sentence and can face up to ten years
- $10,000 in fines
- Alcohol highway safety school
- Drug or alcohol rehabilitation
- Installation of an ignition interlock device
If you injure more than one person, your charges might double. For example, if you injure a pedestrian and the driver of another car, you’ll face $20,000 in fines and up to two decades in prison.
Possible Additional Consequences of Getting Convicted of Intoxication Assault
If you’re convicted of intoxication assault, you may also face:
- Being away from your loved ones: If you’re sentenced to prison, your loved ones can come to see you, but this may be difficult for them. Additionally, they will miss your presence at home.
- Family financial issues: If you have to go to prison, your family will lose the income you brought in. As a result, your family may face financial hardship.
- Damage to your reputation: Those convicted of intoxication assault may have a hard time getting their criminal records expunged, and their prior convictions are visible to the public. These things can be damaging to your reputation.
- Difficulty getting a loan in the future: It could be difficult for you to get any kind of loan, whether for business, your family expenses, or for something else.
- Difficulty finding a job in the future: Many employers may avoid hiring you if you have a conviction.
An Austin, TX, intoxication assault lawyer from our firm may be able to help you avoid conviction and the other consequences we mentioned.s
When Might I Face Enhanced Penalties for Intoxication Assault?
Texas law provides enhanced offenses and penalties under certain circumstances, enumerated in Section 49.09 of the Texas Penal Code. The circumstances and greater penalties include:
- If you caused serious bodily injury to a first responder (e.g., a peace officer, firefighter, EMT, etc.) who was performing his official duties at the time, the state will elevate the offense from a felony of the third degree to a felony of the second degree.
- If the victim suffered a traumatic brain injury that resulted in a persistent vegetative state, the state will also increase the offense to a felony of the second degree.
We will work to disprove the circumstances above and shield you from any enhanced penalties.
Contact Us to Learn About What Our Austin, TX, Intoxication Assault Lawyer Can Do
Call us for a free consultation with our representative. After retaining an Austin intoxicated assault lawyer with the Law Offices of Randall B. Isenberg, we will focus on exonerating you after the incident while you work to recover and move forward with your life. While a case such as this can change the course of your life, it need not define you.
