If it is alleged that you caused serious bodily injury to another party that’s related to your alcohol or drug use, you may be facing a felony charge in Texas. Our Balch Springs intoxication assault lawyer is ready to develop a defense that could lead to lesser or dismissed charges.
A felony conviction can significantly change the quality of your life going forward. You may end up receiving a sentence that includes jail time and a large fine. Do not give up and plead guilty to this intoxication assault charge. The team at the Law Offices of Randall B. Isenberg is ready to stand with you to see how we can help you.
Potential Penalties for Intoxication Assault in Texas
The state’s prosecuting attorney aims to prove you’re guilty beyond a reasonable doubt to obtain a conviction. The law states that for a guilty verdict to be issued, the prosecution must prove that:
- You were the individual operating the motor vehicle
- You were under the influence of drugs or alcohol
- You were responsible for causing a collision
- Another party suffered severe bodily injury because of the accident
If you are convicted on an intoxication assault charge, it represents a third-degree felony. According to the Texas Penal Code § 12.34, a third-degree felony may involve a prison sentence of between two and ten years and a fine of up to $10,000.
Possibility of Enhanced Penalties
If law enforcement accuses you of injuring more than one person in the intoxication assault accident, you may be facing double the penalties for prison time and monetary fines. You also may face extra penalties if you injure a first responder or the victim suffers a significant traumatic brain injury (TBI). If the intoxication assault also involves a DWI (driving while intoxicated) charge, upon conviction, you also may face penalties of:
- Loss of driver’s license for between six and 24 months
- Installation of an ignition interlock device (IID)
- Random drug or alcohol testing
- A maximum of 1,000 hours of community service
- Attendance at an alcohol awareness class
- Attendance at a driving safety class
- Attendance at an alcohol or drug rehabilitation facility
Collateral Consequences for Intoxication Assault Convictions in Balch Springs
If you are convicted of intoxication assault in Balch Springs, you will face more than just criminal penalties. Your entire life could be affected if you are convicted. Some of the collateral consequences you could face if you are found guilty of intoxication assault in Balch Springs include:
- Suspension or revocation of your professional licenses
- Reputational damages
- Child custody issues
- Difficulty finding gainful employment
- Trouble finding affordable or safe housing
- Loss of firearm rights
- Loss of federal student aid eligibility
- Loss of eligibility for other government programs
- Trouble maintaining relationships with family and friends
These are just a few of the ways your life could be affected if you are found guilty of intoxication assault in Balch Springs. It is critical that you take action to defend yourself by retaining a powerful legal advocate who will fight tirelessly for your freedom.
How do I Know If I Will Be Facing an Intoxication Assault Charge?
Texas Penal Code § 49.07 defines intoxication assault as when someone operating a motor vehicle or boat causes serious bodily injury to another person. The driver would face charges if they were under the influence of alcohol or drugs at the time of the crash. So, if you were driving or operating a motor boat and caused a crash where another party suffered injuries, you may be facing the intoxication assault charge if law enforcement tests your blood and finds any level of alcohol or drugs.
Consider Hiring Representation As Early As Possible
If you are facing this charge, you could hire our Balch Springs intoxication assault attorney to defend you, even before authorities officially charge you. If desired, your attorney can represent you at a driver’s license revocation hearing. This hearing will probably come up quickly after you face an intoxication assault charge. If you hire an attorney early in the process, it allows for a greater level of preparation for the hearing, which could lead to a better result for you.
What BAC Level May Lead to an Intoxication Assault Charge in Texas?
If you have a blood alcohol concentration (BAC) of 0.08% or higher while driving at the time of the accident, you will meet Texas’ definition of driving while intoxicated. If you were driving with a BAC below 0.08%, you still may face an intoxication assault charge after an injury accident.
Our intoxication assault lawyer in Balch Springs will develop a defense that is appropriate for your case. One defense could show that the small level of alcohol or drugs in your blood did not affect your ability to operate the motor vehicle. Legally, if the prosecution can show that your alcohol or drug use affected your ability to drive the vehicle normally, you could be convicted on this charge, even with a BAC below 0.08%.
How Our Legal Team Can Help with Your Intoxication Assault Case
We have a few different techniques we can use to create a workable defense against these charges.
- Police collected inaccurate evidence: We may be able to show that law enforcement did not measure your BAC accurately, meaning no evidence exists that shows you were drunk before the crash. Additionally, if the police officer who conducted your field sobriety test did not have the proper training, we may be able to dismiss this evidence.
- No serious bodily injury occurred: If the injured party does not have injuries serious enough to fit the definition in the intoxication assault statute, we can attempt to convince the prosecutor that a reduced charge is appropriate.
- You did not cause the accident: If we can show the injured party made an error that led to the accident, you should not be facing an intoxication assault accusation, and we can seek a dismissal of this charge.
We Will Prepare for Your Case
Although we cannot guarantee that we can get your charges reduced or dropped, you can trust that we will work as hard as we can for your benefit. We know you are placing your trust in us, and we do not take this responsibility lightly. We believe strongly in preparing for all cases we take on, and we will spend the time to develop a defense strategy that brings a favorable outcome.
We will investigate all the accident’s circumstances, looking for facts that show you do not deserve to face this serious charge. We will take the time to interview you and other crash witnesses. Depending on how the crash occurred and your actions before climbing behind the wheel, we may be able to uncover some information that is key to creating a defense for you or that will persuade the prosecution to reduce the charges.
Common Defenses to Use in an Intoxication Assault Case
If pretrial diversion programs are not an option in your case, preparing a strong defense strategy could be the best way to avoid a conviction. Some of the more common defenses used to challenge intoxication assault charges in Balch Springs include:
- Inaccuracies with chemical test results
- Inaccuracies with laboratory test procedures
- Police misconduct
- Mistake of fact
- Unlawful stop
- Illegal search and seizure
- Medical conditions
- Constitutional rights violations
Your attorney will need to analyze the details of your case extensively to determine which defense strategy is most likely to result in an acquittal. When you fear the charges against you, selecting the appropriate defense strategy could mean the difference between life behind bars and life with your family.
The Law Offices of Randall B. Isenberg Will Defend You Against This Felony Charge
Even if you think the facts in the case point toward your innocence against this felony charge, do not count on law enforcement or the prosecutor to come around to your way of thinking.
Our Balch Springs, TX, intoxication assault attorney can help you defend yourself against this accusation and guide you through the legal process. Our team is ready to stand by your side. Call us today to learn more about your rights and legal options during a free, no-obligation consultation.
