If you ended up in an accident after you were drinking, you could face charges beyond a basic DWI, such as intoxication assault. This is a charge that the Texas penal code classifies as a felony. This means you could have lifelong consequences after a conviction on this charge.
You might want to do everything possible to defend yourself against any and all charges related to your accident. Our Colleyville intoxication assault lawyer is ready to defend you against these. We hope to secure the best possible outcome in your legal situation.
We Can Put Our Extensive Experience to Work in Your Case
Few criminal defense lawyers in Colleyville have the level of experience with the legal system as our attorneys at the Law Offices of Randall B. Isenberg. This gives us an ability to call on many past methods of defense we have used to help you receive the best possible outcome in your criminal case.
Randall B. Isenberg has spent more than 30 years working in the legal system in Texas, serving in many roles.
- He served as a former prosecutor, giving him insight into how prosecutors attack cases like this.
- He served as a state district judge, helping him understand all courtroom procedures and strategies.
- He now has his own criminal defense law firm, allowing him to put his experience to use for those accused of crimes.
We Will Apply Our Past Successes to Your Case
Our team of intoxication assault attorneys in Colleyville, TX, represents many clients facing intoxication assault charges. We can take several different strategic actions in cases like this to try to reach a successful outcome.
However, we also know from our work on past cases that we must adjust our strategies to fit the circumstances in your case. Our defense strategies cannot be a one-size-fits-all type of approach. We will put in the time and preparation and give you our best effort in defending against these charges.
Determining Whether Your Intoxication Assault Charge Is Fair
Prosecutors in Texas work hard to achieve convictions on drunk driving-related charges. Sometimes, this may lead the prosecutor to bring extra charges into the equation after an accident involving a driver who allegedly was drinking. This can include adding a charge of intoxication assault to a charge of DWI.
To achieve a conviction on an intoxication assault charge, as spelled out in Texas Penal Code Chapter 49, prosecutors must show that three things occurred.
- You were driving a motor vehicle.
- You were driving while intoxicated past the legal limit.
- You caused an accident that led to serious bodily injuries for another person.
We Will Investigate the Case, Looking for Inconsistencies
Our intoxication assault attorneys will begin investigating your case as soon as you choose to make use of our services. Through this process, we will closely examine the procedures law enforcement officers followed in determining who caused the accident and measuring your level of intoxication.
We could show that the police officers did not follow the law (or police regulations) when measuring your intoxication level. This could remove this evidence from the equation, severely weakening the prosecutor’s case.
We Could Question the Severity of the Injuries
Because the charge of intoxication assault must include serious bodily injury to the other party, prosecutors must show that the injuries in the case truly meet the standard set by Texas Penal Code 49.07(1)(b). The description of severe bodily injury includes:
- Risk of death
- Permanent disfigurement
- Impairment of function of a body part
- Impairment of function of a bodily organ
We could show that the prosecutor is exaggerating the severity of the injuries involved, meaning the charge of intoxication assault does not fit the facts in the case. Our DWI lawyers could then defend you against the DWI charge alone rather than against multiple charges related to the incident.
If You Face an Intoxication Assault Charge With Enhanced Penalties
A charge of intoxication assault is a third-degree felony. Having a felony conviction on your record can lead to long-term consequences. However, this can be even worse if prosecutors decide to seek enhanced penalties against you related to this charge, resulting in a second-degree felony.
According to Texas Penal Code Chapter 49.09, situations that could lead to enhanced penalties include:
- Causing serious bodily injuries to a first responder in the accident or in responding to the scene
- Causing a traumatic brain injury for another party in the accident, leaving the victim in a persistent vegetative state
Second-Degree Felonies Carry Stricter Penalties
Although it may seem inconsequential to go from a third-degree felony to a second-degree felony, the potential maximum penalties for you are very different, according to the Texas Politics Project. You could face up to 20 years in prison with a second-degree felony versus up to 10 years in prison for a third-degree felony.
We Are Ready to Work Hard to Defend You
This type of charge is extremely serious and can change your life forever. You should prepare to defend yourself as aggressively as possible when facing a charge like this, and our team is ready to help. Simply deciding to give up and accept your fate on the intoxication assault charge rarely is the best way to deal with this situation.
Our team will not lie to you and make your situation seem less serious than it is. Lying about the severity of the case might make you feel better for a little bit, but it does nothing to enhance your defense strategy. We will meet your charges head-on, giving you a full explanation of what you are facing and how we can try to help you.
Our Intoxication Assault Lawyers in Colleyville Will Stand Up for Your Rights
Do not let law enforcement officers and prosecutors try to convince you that pleading guilty to a charge of intoxication assault is the best course of action. Instead, hire the team at the Law Offices of Randall B. Isenberg to study your case to help you figure out how to proceed.
For a free review of your case, contact us as soon as possible at (214) 696-9253.
