Do you or a loved one face an accusation of causing a drunk driving accident? An Addison Criminal defense lawyer from the Law Offices of Randall B. Isenberg can defend you and ensure the authorities treat you fairly. We can even bargain with prosecutors for a reduced charge or sentence.
Intoxication assault charges are very serious and come with life-altering consequences. However, one of our lawyers can put your mind at ease by fighting hard to protect your rights both in and out of the courtroom.
Penalties for Intoxication Assault
In Texas, intoxication assault is a separate charge from driving while intoxicated (DWI), categorized as a third-degree felony under TX Penal Code § 49.07. This section defines intoxication assault as causing “serious bodily injury” to another person while operating a vehicle under the influence of alcohol.
Felony charges are far more severe than the misdemeanor charge you’d face for DWI. TX Penal Code § 12.34 lays out the potential penalties you could receive for a third-degree felony conviction. Still, these penalties do not exhaust the consequences you could face for intoxication assault. A complete list would include:
- Financial penalization: A third-degree felony conviction provides for fines up to $10,000, as well as court fees and restitution. Timely payment of restitution may be a condition of probation or parole. In addition, failing to fulfill this obligation could worsen your punishment.
- Time behind bars: Third-degree felonies carry a sentence of at least 2 years. However, you could spend as much as a decade in prison.
- License suspension: Intoxication assault involves drunk driving, an offense that Texas law takes very seriously. The court could take your driver’s license away for months or years.
- A permanent criminal record: You can never wipe an intoxication assault conviction from your history, which could make it more difficult for you to rebuild your life and reputation after you have served your sentence.
- Revocation of rights: A felony conviction automatically denies you certain rights that you may take for granted, such as the right to vote or own firearms.
Other Possible Consequences
The penalties listed above revolve around what a judge might potentially hand down after a conviction. They often have a ripple effect, spilling over to affect your life in myriad ways:
- Finances: $10,000 is a steep amount for most people. Paying this fine and other fees could decimate your savings or force you into debt.
- Career: It is unfortunate that many employers hold criminal records against job candidates and will not hire them.
- Personal well-being: Convictions, especially those accompanied by lengthy prison sentences, can cause severe mental health issues.
- Family life: Being away from your family for months or years can devastate relationships. Your connection with your children could suffer irrevocable damage.
We Can Fight Intoxication Assault Charges
An intoxication assault lawyer from the Law Offices of Randall B. Isenberg can fight your case in Addison courts on your behalf. This defense could involve these steps.
Building a Compelling Case
It is essential to establish the facts of the case so we can determine how to proceed. For example, we can:
- Trace the police’s every move and make sure they did not violate your rights by pulling you over without probable cause or coercing a confession.
- Speak with witnesses to establish what actions both you and the injured party took before the accident.
- Engage in discovery proceedings with the prosecution, where we exchange evidence and gain insight into how they plan to argue the case against you
Meeting with the Prosecuting Attorney
Before your case goes to trial, we will likely have a chance to sit down with the prosecutor and the judge. During these meetings, we can determine if there is a way to end your case without going through the trouble and expense of a trial by:
- Negotiating a plea deal: The prosecutor may let you plead guilty to a lesser charge. This arrangement guarantees them a conviction while protecting you from hefty fines and years in prison.
- Seeking a charge reduction: For example, in past intoxication assault cases, we have gotten the charges reduced to a misdemeanor. Misdemeanors are less serious charges, so you would not suffer such heavy penalties if convicted.
- Asking for a dismissal: If we build a convincing case, the prosecutor may decide that they have no chance of winning at trial and drop the charges.
Presenting Your Case
When a case does go to court, our team remains by our client’s side. We fight hard to ensure you receive fair treatment and that the prosecution does not violate your rights, intentionally or otherwise. We can take charge during the trial by:
- Participating in jury selection and rejecting prospective jurors who may have an unfair bias against you.
- Submitting evidence to the court as trial exhibits and providing any other materials the judge requests (e.g., legal briefs and motions).
- Scheduling trial dates and always showing up on time and well-prepared.
- Preparing and questioning witnesses for the defense.
- Cross-examining witnesses for the prosecution.
Guiding You Through the Process
Our firm realizes that you are under a great deal of stress following your arrest. Therefore, we want to alleviate your burden by:
- Providing you with a free, over-the-phone consultation at any time
- Meeting you in person at your convenience
- Investigating the charges against you and explaining the situation and your legal options in terms you can easily understand
- Maintaining a professional perspective of the situation, allowing you to overcome your close, emotional view and make informed decisions
- Updating you immediately whenever a significant change or development occurs in your case
- Making ourselves available to respond to your questions or updates
We Defend Clients Accused of Intoxication Assault
Randy Isenberg has over 30 years of experience as a judge, prosecutor, and criminal defense attorney. Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 and learn more about how a lawyer from our firm can put this knowledge to work in your intoxication assault case. We serve Addison and the entire Dallas-Fort Worth area.
