Drunk driving is a serious offense in the state of Texas. When you drive drunk and cause an accident resulting in severe bodily injury, you may face additional criminal charges.
Intoxication assault is a severe crime under Texas law. If you have been arrested and charged, a Balch Springs intoxication assault lawyer at Law Offices of Randall B. Isenberg can help you challenge the charges against you. We will work tirelessly to advocate for your freedom while presenting the strongest defense possible.
How Intoxication Assault Charges Happen in Balch Springs
Texas Penal Code § 49.07 defines intoxication assault as an incident where someone drives under the influence of drugs or alcohol, causes an accident, and a victim suffers severe bodily injury. Under the law, the victim must have suffered a severe bodily injury for intoxication assault charges to stick.
Serious bodily injury can consist of any type of lasting disfigurement, impairment to organs, limbs, or other body parts, or any other type of injury that has had a substantial impact on the victim’s life.
Intoxication assault charges are generally third-degree felonies. However, intoxication assault charges can be bumped up to second-degree felonies if the victim’s injuries put them in an unconscious or vegetative state, or if the victim was a first responder on duty at the time of the collision. It is important to note that if the injury victim in your case passes away due to their injuries, you could also be charged with intoxication manslaughter.
Consequences of a Dallas County Intoxication Assault Conviction
The state’s prosecuting attorney aims to prove you’re guilty beyond a reasonable doubt to obtain a conviction. The law states that for a guilty verdict to be issued, the prosecution must prove that:
- You were the individual operating the motor vehicle
- You were under the influence of drugs or alcohol
- You were responsible for causing a collision
- Another party suffered severe bodily injury because of the accident
The penalties you can face for intoxication assault vary based on whether you are charged with a third-degree felony or a second-degree felony. The consequences for a third-degree felony conviction for intoxication assault in Balch Springs include fines as high as $10,000 and up to 10 years in prison. The consequences for a second-degree felony conviction for intoxication assault include up to 20 years in prison and fines as high as $10,000.
In addition to fines and jail time, there are many other criminal consequences you could face, including:
- Suspension or revocation of your driver’s license for a maximum of 2 years
- Installation of an ignition interlock device (IID)
- Random drug or alcohol testing
- A maximum of 1,000 hours of community service
- Completion of a court-approved alcohol education program
- Completion of court-ordered mental health counseling
- Completion of a court-approved driver retraining program
For a free legal consultation with a Intoxication Assault Lawyer in Balch Springs, call (214) 696-9253
Collateral Consequences for Intoxication Assault Convictions in Balch Springs
If you are convicted of intoxication assault in Balch Springs, you will face more than just criminal penalties. Your entire life could be affected if you are convicted. Some of the collateral consequences you could face if you are found guilty of intoxication assault in Balch Springs include:
- Suspension or revocation of your professional licenses
- Reputational damages
- Child custody issues
- Difficulty finding gainful employment
- Trouble finding affordable or safe housing
- Loss of firearm rights
- Loss of federal student aid eligibility
- Loss of eligibility for other government programs
- Trouble maintaining relationships with family and friends
These are just a few of the ways your life could be affected if you are found guilty of intoxication assault in Balch Springs. It is critical that you take action to defend yourself by retaining a powerful legal advocate who will fight tirelessly for your freedom.
Balch Springs Intoxication Assault Lawyer Near Me (214) 696-9253
How to Defend Against Your Balch Springs Intoxication Assault Charges
Your Balch Springs intoxication assault attorney will need to carefully evaluate the details of your case to determine how to best approach your defense. In some cases, defendants may be able to enter a pretrial diversion program.
Here, the state’s prosecutor will allow you to enter a rehabilitative program, complete the terms of that program, and get the charges against you reduced or dismissed entirely. However, many pretrial diversion programs come with the requirement that the offense was non-violent. Intoxication assault charges may be considered violent in many cases.
With the right attorney on your side, you may be able to convince the state’s prosecuting attorney that your offense should be considered non-violent, which could allow you to enter the pretrial diversion program you were hoping for.
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Common Defenses to Use in an Intoxication Assault Case
If pretrial diversion programs are not an option in your case, preparing a strong defense strategy could be the best way to avoid a conviction. Some of the more common defenses used to challenge intoxication assault charges in Balch Springs include:
- Inaccuracies with chemical test results
- Inaccuracies with laboratory test procedures
- Police misconduct
- Mistake of fact
- Unlawful stop
- Illegal search and seizure
- Medical conditions
- Constitutional rights violations
Your attorney will need to analyze the details of your case extensively to determine which defense strategy is most likely to result in an acquittal. When you fear the charges against you, selecting the appropriate defense strategy could mean the difference between life behind bars and life with your family.
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Reach Out to Our Intoxication Assault Lawyer for Help Today
It is important to clear your name when you are accused of a criminal offense. An intoxication assault conviction could have a devastating impact on your life.
But with help from a dedicated Balch Springs intoxication assault lawyer at Law Offices of Randall B. Isenberg, you can take steps to defend your name. Call for your free consultation today.