Intoxication Assault
What Penalties Could You Face for an Intoxication Assault Charge?
If you are intoxicated while driving a motor vehicle and end up harming another person, you may face charges of intoxication assault. Intoxication assault is considered a third-degree felony according to Texas law. If you are convicted of intoxication assault, you could be sentenced to several years in prison, along with other penalties. To protect yourself and your rights when charged with intoxication assault, contact an attorney in Fort Bend County that is experienced in intoxication assault defense.
Intoxication Assault Defined
Intoxication assault is also called DWI with Serious Bodily Injury in the state of Texas. Intoxication Assault is defined in Section 49.07 of the Texas Penal Code as follows:
- A person commits an offense if the person, by accident or mistake: while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
“Serious bodily injury,” as listed here, means a person has received an injury that is likely to result in death or which may cause grave and lasting disfigurement to the person or cause the person impairment or loss of function of any body part or organ.
As an example. If it is determined that you were the cause of an automobile accident and were intoxicated at the time of the accident, charges of intoxication assault may be a result if the accident caused serious injury to occupants of your vehicle or the driver and/or passengers in other vehicles involved in the accident.
What Penalties Could You Face for an Intoxication Assault Charge?
The state of Texas provides some harsh penalties for a conviction of this type:
Potential of Incarceration – Unless you receive probation, anyone convicted of the charge of intoxication assault in the state of Texas is required to spend a minimum of two years incarcerated in the Texas State Prison System. In some circumstances, the court may deliver a sentence as high as 10 years of incarceration in the prison system.
Potential of Probation – Even with probation, a convicted offender is required to spend at least 30 days in the county jail prior to being released. If it is determined that there was use of a deadly weapon in the offense, the judge may not allow the option of probation as a sentence in a case.
Sentenced to Community Service – The court, according to Texas State law, may require 160 to 600 hours of community service along with a probation sentence.
Potential Fines – An offender may be fined up to $10,000, if convicted.
Additional Stipulations:
Individuals charged with intoxication assault my experience other consequences in addition to the penalties already mentioned, if they are convicted. They may include:
Deep Lung Air Device: An ignition interlock device may be installed in your vehicle to keep you from driving your vehicle if you are intoxicated. The device requires you to pass an alcohol breath test in order to start your vehicle.
Drug/Alcohol Testing and/or Treatment: An offender may be tested for drug and alcohol use during their probation period. Professional treatment for substance addiction may also be required by the court.
DWI Education: Offenders are generally required to complete a DWI education class within 180 days of the start of their probation period. Offenders who do not comply with this requirement will experience the suspension of their Texas driver’s license for a period up to 12 months in duration.
Electronic Monitoring: For some, the terms of their release includes electronic monitoring of their whereabouts through the duration of their probation sentence.
In early 2011, Texas lawmakers pushed for the enactment of stiffer penalties for intoxication assault offenders. On September 1, 2011, the Abdallah Khader Act, became effective. This act classified intoxication assault as a second-degree felony in certain cases. One of those circumstances, covered by the act, is when the victim of an intoxication assault suffers severe brain trauma leaving them in a persistent vegetative state. The other situation is when the intoxication assault results in bodily injury to a civil servant such as law enforcement officer or firefighter, or that injury is to an emergency medical services worker during the course of his official duty.
In addition to these judicial penalties, an offender may also find themselves the object of a civil lawsuit initiated by the victim or the victim’s family. A civil judgment may be entered against the offender even if he is cleared of criminal charges. The offender may be liable for compensation as awarded by the court to the victim or his or her family.
How Can an Intoxication Assault Attorney Help Me?
Seeking out a Fort Bend County attorney familiar with intoxication assault cases is critical for launching an effective defense against these types of charges. In an intoxication assault case, an experienced intoxication assault attorney will work on your behalf to:
- Gather crucial evidence to establish the true facts of the case. This may include requesting police reports, obtaining eyewitness testimonies, gathering of medical reports and other applicable data
- Guide you in the most effective defense of your case
- File motions with the court to exclude certain evidence or witness testimony
- Advice you on negotiations for a reduced sentence when applicable
It is important to recognize that there are time limits following charges of intoxication assault in regard to the use of certain defenses, which makes it all that more imperative that you seek a Fort Bend County Intoxication Assault attorney as soon as possible after an arrest. An experienced intoxication assault lawyer will have the knowledge to advice you on choosing the best defense for your situation.
What Should I Do if I’m Arrested for Intoxication Assault?
When arrested for intoxication assault, you may be uncertain of the steps to take. In Fort Bend County, your first action should be to contact the law office of Attorney Lee D. Cox for guidance. He is an experienced criminal defense attorney, knowledgeable in Texas law surrounding intoxication assault.
As a defense attorney, Lee is dedicated to protecting the rights of his clients and providing them with an aggressive defense in an intoxication assault case. He understands how devastating such a charge can be in a person’s life. He will work to prove your innocence and limit the disruption of your life following a charge of intoxication assault.
Call 218-762-7345 today to arrange a free initial evaluation of your intoxication assault case. We forward to discussing your case and explaining how we can help.
At the Lee D. Cox law firm, we have experience helping defendants who have been arrested for intoxication assault. Are reputation is demonstrated in the results we achieve for our clients. We are dedicating to pursuing justice, for you, and every client we serve. Don’t wait. Call now to get the expert legal representation you need for your Fort Bend County Intoxication Assault case.
