Intoxication assault is a serious crime that often escalates a driving while intoxicated (DWI) charge to a felony in Texas. If convicted, you may face a hefty prison sentence, fines costing thousands of dollars, and a permanent criminal record.
There are also potentially severe consequences for your future when it comes to career opportunities, the ability to apply for housing, exercising your voting rights, and even owning a firearm. You need an experienced DWI Lawyer in Fort Worth to protect your rights.
A Fort Worth intoxication assault lawyer can be an invaluable ally when it comes to building a solid defense to mitigate the consequences of the allegations against you. Call the Law Offices of Randall B. Isenberg for a free consultation.
Intoxication Assault Is Classed as a Third-Degree Felony Offense
Intoxication assault is an enhanced penalty that often accompanies a DWI charge after an accident where the collision results in serious bodily harm to another person.
To be convicted of intoxication assault, the state must prove that a person operated a motor vehicle while intoxicated from alcohol or drugs in a public place and caused serious bodily injury to another by accident or mistake. Serious bodily injury is defined under TX Penal Code § 49.07(b).
How Texas Law Classifies Intoxication Assault
Intoxication assault is classed as a third-degree felony; however, it can be enhanced or upped to a second-degree felony if:
- The accident causes a fatality.
- The accident causes serious bodily harm to first responders while they are in the line of duty.
- The accident results in a victim experiencing severe brain damage that leaves them in a prolonged wakeful unconscious condition (also referred to as a vegetative state).
- The driver has persistent prior convictions of a similar offense.
With the possible penalties involved for these types of criminal charges, it is important to begin working with an experienced Fort Worth criminal defense lawyer as soon as possible to defend your rights.
Penalties for Intoxication Assault Charges Involving Serious Bodily Injury
Under Chapter 12 of the TX Penal Code, the charges for intoxication assault involving serious bodily injury in Texas could see you facing the following consequences:
- Third-degree felony charges: 2 to 10 years in state prison and a fine of up to $10,000
- Second-degree felony charges: 2 to 20 years in state prison and a fine of up to $10,000
If you are convicted of such charges, you could also face any of the following:
- License suspension of 3 months to 2 years, depending on whether you have any prior DWI convictions
- Installation of an ignition interlock device on your vehicle
- Permanent criminal record
- Mandatory participation in drug or alcohol rehabilitation counseling
- Supervised probation
- Community service
With your future in the balance, it is vital to secure legal representation from a Fort Worth intoxication assault lawyer sooner rather than later so we can quickly begin to work on defense strategies to minimize the potentially devastating impact of the accusation on your life.
We Can Build a Strong Defense on Your Behalf
There are several aspects of intoxication assault that the state is required to prove to obtain a conviction. Having representation from a defense attorney in Tarrant County who understands all the factors involved in such cases can provide you with a strong defense with the aim of:
- Presenting a solid argument for case acquittal
- Negotiating lesser charges
- Negotiating for a more lenient sentence
- Having the charges dropped entirely in some instances
An intoxication assault lawyer in Fort Worth can build defense strategies by challenging the evidence the state has against you.
Potential Defenses Against Intoxication Assault Charges
Our lawyers will be able to thoroughly investigate the accident and examine any evidence brought against you, including police and witness statements and test results.
They will also be able to examine the equipment used for testing to check for functionality and maintenance. In addition, they can verify that all procedures, training, and methods were correctly followed during the process of bringing the charges against you.
Any discrepancies found could indicate:
- You were not intoxicated at the time of the accident.
- There were errors with the field sobriety tests.
- The results of the chemical test were inaccurate.
- Protocols were not followed correctly during the arrest.
You do not have to struggle with this legal battle alone. With the Law Offices of Randall B. Isenberg at your side, you can be confident your case is receiving the dedication and resources required for developing a robust defense. Our firm services Texas communities with over 30 years of experience. Talk to us today for honest, practical, and trusted advice.
Related Vehicular Assault Offenses
A person can be charged with intoxication manslaughter and taken into custody (TX Penal Code § 49.08) if they are believed responsible for the death of another individual while operating a vehicle while intoxicated.
This crime is punishable by a second-degree felony. However, if the person causes the death of law enforcement, emergency medical technician, firefighter, or other first responders, the offender could be arrested and charged with a first-degree felony.
Under TX Transp. Code § 550.021, a person can be arrested and charged with leaving the scene of an accident, often a third-degree felony, if they fail to do the following after an accident involving injuries or death:
- Stop their vehicle at the scene immediately or as close to the accident location as possible
- Immediately stop while avoiding interference with more traffic than necessary
- Return to the accident location as soon as possible if the driver does not immediately stop at the accident’s location
- Remain at the accident’s location until specific statutory provisions have been met
A driver can also be arrested and charged with vehicular manslaughter, according to TX Penal Code § 19.04, if they carelessly cause the death of another individual while operating a motor vehicle.
Fortunately, our experienced intoxication assault attorneys in Fort Worth can also handle cases involving other serious charges, including manslaughter.
Protect Your Future With a Fort Worth Intoxication Assault Lawyer at Your Side
If you have been arrested for intoxication assault and are unsure how to proceed or how to find legal representation that is best suited to your circumstances, doing a little research beforehand is time well spent. Positive indicators to check for when considering a defense attorney include:
- Legal standing with the bar association and any other professional accolades
- Experience in defending intoxication assault charges
- Use of strategies to lessen charges and sentences
- Procedures for investigating the allegations and evidence against you
- Negotiating skills with the prosecution
- Client testimonials of similar cases
- License to practice before a federal court
Reach Out to Our Firm for a Free Consultation
If you are facing intoxication assault charges, it is vital to act quickly and secure legal representation. The sooner your attorney can begin to examine the evidence against you, the better.
Call the Law Offices of Randall B. Isenberg to discuss your case at no obligation today and benefit from the help of a board-certified former Senior Chief Felony Prosecutor and State District Trial Judge with 30 years of experience.
