Intoxication assault in Texas is a criminal charge that occurs when a person is accused of injuring another party while carrying out certain actions in an inebriated state. These actions include:
- Driving a car on a public road
- Operating an aircraft, watercraft, or amusement park ride
- Assembling an aircraft, watercraft, or amusement park ride to be used by others
Most intoxication assault charges stem from motor vehicle accidents, but the potential penalties are the same no matter what led to the charge.
If you get convicted of intoxication assault in Texas, according to Sec. 49.01 of the Texas Statutes, you could face fines, jail time, loss of your driver license, and perhaps a felony criminal record, which follows you for the rest of your life. A Denton intoxication assault lawyer from the Law Offices of Randall B. Isenberg can help you fight against the charge to avoid a conviction so that you can move on with your life.
Our defense team wants to put our resources to work for you. To receive a free consultation with a member of our team, call the Law Offices of Randall B. Isenberg today at (214) 696-9253.
Defining Intoxication Assault in Texas
Despite its name, an intoxication assault charge in Texas does not involve intentionally striking another person while under the influence of alcohol or drugs. That kind of offense would fall under battery. Intoxication assault, rather, refers to a collection of negligent behaviors involving alcohol that lead to the injury of another party.
You can be charged with intoxication assault in Texas if there are grounds to believe you injured another party doing any of the following:
- Drove a motor vehicle on a public street or highway under the influence of drugs or alcohol
- Operated an aircraft, watercraft, or amusement park ride under the influence of drugs or alcohol
- Constructed an aircraft, watercraft, or amusement park ride under the influence of drugs or alcohol
Intoxication assault is a third-degree felony. This is critical to understand, as compared to misdemeanors, felonies are much more difficult to get removed from your record and can impact your life in many more ways and for a lot longer.
In most cases, a misdemeanor conviction—particularly one from years or decades ago—will not prevent you from getting a job, renting an apartment, moving into a homeowners’ association (HOA), or even obtaining a security clearance.
A felony conviction, on the other hand, can leave a permanent stain on your record. Despite the best efforts of activists and politicians to lessen its long-term impact, a felony conviction is tantamount to wearing a scarlet letter emblazoned on your chest that identifies you as a pariah and social outcast.
You want to do whatever possible to avoid being a convicted felon. That starts with making sure you are not convicted of the intoxication assault charge you have been handed.
A Denton intoxication assault lawyer from the Law Offices of Randall B. Isenberg can help. We fight for the rights of the accused. Our team has a strong track record of keeping our clients out of jail and keeping charges off their permanent record. We want to get to work for you right away. For a free case evaluation, call us today at (214) 696-9253.
The Penalties for an Intoxication Assault Conviction in Denton, Texas
As a third-degree felony, according to Sec. 12.01 of the Texas Statutes, intoxication assault carries substantial penalties in Texas. You could face the following and more if you get convicted:
- A minimum of 2 years and a maximum of 10 years in prison
- A fine of up to $10,000
- If it involved a motor vehicle accident, potential loss of your driver license
Our intoxication assault attorneys in Denton want to keep you out of jail and protect your record and reputation. We will mount an aggressive defense on your behalf to avoid a felony conviction for intoxication assault. To learn more and receive a free consultation from one of our team members, call us today.
How We Can Defend You in a Denton Intoxication Assault Case
Our primary goal is to keep you from getting convicted of intoxication assault, a felony crime with long-ranging penalties that could reverberate through the rest of your life. Depending on the circumstances of your charges, we have a few different options for putting together a defense strategy. If we believe there is evidence on your side that can help us establish reasonable doubt, we might encourage you to plead not guilty and go to trial. Otherwise, we can fight to get your charges reduced to a misdemeanor.
Pleading Not Guilty
For a not guilty plea to make sense, we must be confident that we can establish a level of doubt as to your guilt, which keeps the prosecution from securing a conviction in a jury trial. Remember, the burden of proof rests with the state, meaning they have to prove you are guilty, not the other way around. We are not required to establish your innocence, but rather to raise enough doubt as to your guilt.
We will review all the evidence pertaining to the incident itself, including how the arresting officers handled things when they arrived on the scene. If we can poke holes in the prosecution’s narrative, then it makes sense to plead not guilty and aim for an acquittal at trial.
Plea Bargaining
If we do not feel confident in our ability to establish reasonable doubt, we can attempt to plead down to a misdemeanor charge. A misdemeanor conviction is much less damaging to your life and your future, and it likely will not result in jail time. Our attorneys understand the best tactics for approaching the prosecutor and the judge with a plea offer.
Call Now for a Free Denton Intoxication Assault Consultation
Our Denton intoxication assault lawyers are ready to get to work for you today. Call the Law Offices of Randall B. Isenberg at (214) 696-9253.
