Intoxication assault can happen to anyone who consumes alcohol and then is involved in an accident. If you or a loved one have recently been charged with intoxication assault, you could be facing serious consequences. It is important to retain an attorney who has handled many intoxication assault cases and understands the legal complexities that could arise.
Contacting an Ennis intoxication assault lawyer from the Law Offices of Randall B. Isenberg quickly after you are charged can help with your case. We will examine the evidence against you and start preparing your defense immediately. Our firm will do everything we can to lower the charges you are facing.
Have You Been Charged with Intoxication Assault?
Texas Penal Code § 49 states intoxication assault is when a person accidentally or mistakenly causes serious bodily injury to someone while intoxicated.
In many cases, someone can be charged with intoxication assault if they drive while intoxicated and get into an accident and someone else is seriously injured. Another example of intoxication assault could occur if an intoxicated person assembles an amusement park ride. If the ride fails and people are seriously injured, the person who assembled the ride while intoxicated could be charged with intoxication assault.
What Is Serious Bodily Injury?
To be charged with intoxication assault, someone involved in the incident has to sustain serious bodily injury. Serious bodily injury includes any injury that:
- Creates a risk of death
- Causes permanent disfigurement
- Causes a loss or impairment of an organ or body part
If someone involved in the incident sustained a small fracture in their ankle, this would not be considered intoxication assault.
Consequences of Intoxication Assault
The state of Texas imposes serious consequences to those who commit intoxication assault. Even if the injuries were caused because of a mistake, the consequences can be harsh.
Intoxication assault is a third-degree felony. The possible consequences for a third-degree felony in the state of Texas include:
- 2-10 years in prison
- Fines up to $10,000
- Probation
Not only will an intoxication assault conviction affect you with the legal system, but it can also affect your personal and professional life. A criminal conviction could stay on your record forever. On top of the legal consequences, if convicted you could face:
- Financial issues caused by fines you have to pay. These issues can also occur while you are out of work while serving jail time. Once you are out of jail, having a criminal conviction on your record could make it difficult to obtain a job. You may also have difficulty obtaining a loan in the future.
- Damage to your reputation. Once you are convicted of intoxication assault, it could stay on your criminal record forever.
- Troubled relationships if you are away from friends and family while serving jail time.
An Ennis intoxication assault lawyer from the Law Offices of Randall B. Isenberg will do what it takes to get your charges reduced or dropped. We don’t want you to have to face the legal, personal, and professional consequences of a criminal conviction.
We Will Prepare a Strong Defensive Strategy
To be convicted of intoxication assault, it must be proven that serious bodily injury occurred because you were intoxicated. The prosecution will need to prove:
- You were intoxicated while operating a motor vehicle, boat, aircraft, or when you were assembling an amusement park ride.
- Your intoxication was the direct cause of the victim’s serious bodily injury.
We will gather evidence to refute the claims made by the prosecution. We will prepare a personalized defense strategy to get your intoxication assault charges reduced or dropped. Our Ennis intoxication assault attorneys will provide or do the following:
- A strong defensive strategy: We will determine what the strongest defensive strategy will be for your case. Each case receives personal attention from our attorneys. The defense strategy will be personalized to what your case needs.
- Identify misconduct or errors: We will ensure your rights were not violated during your arrest or while you were in jail.
- Ensure equipment was working properly: We will investigate if the breathalyzer was calibrated correctly and if the officer administering the breathalyzer was properly trained. We will make sure any measures to check your BAC levels were handled properly.
- Investigate the injuries: Our attorneys will investigate if other factors caused the victim’s serious bodily injury.
- Negotiate: We will advocate on your behalf to negotiate that your charges be reduced or dismissed based on the evidence we present.
- Representation in court: If the prosecution is unwilling to negotiate a reduction in your penalties, we will litigate on your behalf in court. We will work tirelessly to help you avoid an intoxication assault conviction.
The sooner you reach out to an attorney, the more time we will have to prepare your defense. We don’t want you to face the serious and long-term consequences a conviction can bring.
What If the Victim Dies from Their Injuries?
If the victim dies from their injuries, your charges could be upgraded from intoxication assault to intoxication manslaughter. Intoxication manslaughter is when an intoxicated person accidentally or mistakenly causes death to another person while driving a vehicle or assembling an amusement park ride.
Intoxication manslaughter is a second-degree felony that carries serious consequences. Punishments of a second-degree felony include:
- A license suspension of 180 days to 2 years
- A fine of up to $10,000
- 2 to 20 years of jail time
Our Ennis Intoxication Assault Lawyers Are Ready to Fight for Your Freedom
If you or a loved one have been charged with intoxication assault, an attorney from our firm can help. The sooner we become involved with your case, the sooner we can begin investigating and strategizing a solid defense. We will fight hard to reach the best possible outcome in your case.
Contact our firm today to learn about how we can help you. We offer free, no-obligation consultations to all potential clients. A member of our staff is available 24/7, 365 days per year. We understand that being arrested for intoxication assault is scary, and we will support you through this difficult time. Knowing your legal rights is important when navigating an intoxication assault charge.
