Drinking and driving is against the law. But when your drunk driving causes the injury or death of another, you may face additional criminal charges. Intoxication assault is one of the most serious DWI-related offenses you could be charged with in Farmers Branch. If you are found guilty, the consequences could haunt you for the rest of your life.
Take steps to clear your name and put this experience behind you when you work with a Farmers Branch intoxication assault lawyer at the Law Offices of Randall B. Isenberg. Find out more about which defense strategy is the best approach for your case by contacting our office for a confidential consultation.
When Can You Face Intoxication Assault Charges in Farmers Branch?
Intoxication assault is a serious offense in Texas. According to Texas Penal Code § 49.07, intoxication assault occurs when a driver operates a motor vehicle under the influence of alcohol and causes a collision, and that collision causes serious bodily injury to a victim.
The state’s prosecuting attorney will need to prove guilt beyond a reasonable doubt if they hope to obtain a conviction for intoxication assault in Farmers Branch. The elements that will need to be met for you to be convicted of intoxication assault in Farmers Branch include:
- You were under the influence of drugs or alcohol
- You were operating a motor vehicle
- You caused a car accident
- The car accident you caused resulted in severe bodily injury to another person
It is also worth noting that a severe bodily injury is any that has a significant impact on someone’s life. This might include disfigurement and loss of limb or function in affected organs or body parts.
What to Expect From Your Intoxication Assault Charges
Although every intoxication assault case is different, intoxication assault is generally treated as a third-degree felony under Texas law.
However, if the victim suffered a traumatic brain injury and is now in a persistent vegetative state, your third-degree felony intoxication assault charges could be enhanced to second-degree felony intoxication assault charges.
If the injury victim passes away from their injuries, you could expect to face intoxication manslaughter charges in addition to the intoxication assault charges against you. This is typically a second-degree felony charge.
What Happens If You Are Found Guilty of Intoxication Assault?
If you are convicted of intoxication assault in Farmers Branch, the penalties could be severe. Your penalties will be harsher if you are convicted of a second-degree felony instead of a third-degree felony. However, according to the Office of the Texas Attorney General, the consequences associated with an intoxication assault conviction in Farmers Branch may include:
- Up to 20 years in prison
- Fines up to $10,000
You may also be required to:
- Complete a drug or alcohol treatment program
- Install an ignition interlock device in your vehicle
- Have your license suspended or revoked for up to two years
- Complete up to 1,000 hours of community service
- Attend mental health counseling
- Pass random drug or alcohol tests
How Could Farmers Branch Intoxication Assault Charges Affect Your Life?
Although criminal penalties can considerably disrupt your life, the collateral consequences will also greatly impact your life and family. If you are convicted of intoxication assault in Farmers Branch, your life could be affected in the following ways:
- You may find yourself dealing with child custody or support issues.
- The U.S. government may take immigration or citizenship actions against you.
- You can temporarily lose your right to vote.
- You can be barred from exercising your right to bear arms.
- Your personal and professional reputations could be destroyed.
- You may find it difficult to maintain relationships with your family and friends.
- Your professional licenses could be suspended or revoked.
- Companies may not hire you due to your criminal record.
- Mortgage lenders and landlords may not be willing to approve your application due to your criminal record.
Ways to Defend Yourself Against Intoxication Assault Charges in Farmers Branch
Many people are quick to assume that they can enter a pretrial diversion program or work out a plea agreement with the prosecutor to avoid the criminal penalties associated with a conviction. However, intoxication assault charges are not frequently eligible for pretrial diversion.
This is partly because intoxication assault may be considered a violent offense, and pretrial diversion programs are generally only available to non-violent, first-time offenders. However, if the state is not willing to work out a plea agreement or allow you to enter a pretrial diversion program, you will need to take action to challenge the intoxication assault charges against you.
Some of the possible defenses you could use to approach your intoxication assault case in Farmers Branch include:
- Unlawful stop
- Mistake of fact
- Inaccurate chemical test results
- Improperly administered chemical tests
- Improper administration of field sobriety tests
- Inaccuracies in lab results
- Chain of evidence issues
- Illegal search and seizure
- Failure to be liable for causing the car accident
The burden of proof is on the prosecutor to prove guilt beyond a reasonable doubt. But for your attorney to secure an acquittal, we will need to provide evidence and introduce that doubt to the jury. You can find out more about how to best approach your defense when you contact your intoxication assault lawyer in Farmers Branch for help.
Get Help from a Farmers Branch Intoxication Assault Attorney Today
The penalties of an intoxication assault conviction in Farmers Branch could be long-lasting. If you hope to get back to your life and avoid the fallout of a guilty verdict, it is critical to retain a legal advocate who can help you defend your name.
Get in touch with a Farmers Branch intoxication assault lawyer at the Law Offices of Randall B. Isenberg to discuss your defense strategy going forward. Schedule your confidential case evaluation today by contacting our office.
