Getting a DWI is bad enough as it is, but receiving a charge for intoxication assault can significantly increase the stakes. Intoxication assault could lead to prison time if you are convicted, but all is not lost. A Flower Mound intoxication assault lawyer can help you through this uncertain time in your life.
Our team at Law Offices of Randall B. Isenberg is dedicated to providing a dignified defense to people looking to clear their names or have another chance. We offer confidential consultations to potential clients who want to discuss their case with a legal professional.
What Is Intoxication Assault?
Intoxication assault is a devastating crime for both victims and the accused. If you’re facing these charges, it means police believe you were driving while intoxicated and seriously injured another person.
A DWI differs because it only alleges that you were driving while intoxicated, whether under the influence of drugs or alcohol. No one is seriously injured in these cases. Because someone else is harmed in intoxication assault crimes, the driver faces much harsher punishment than for DWIs.
Importantly, you do not have to be behind the wheel of a car to commit intoxication assault. Texas law defines intoxication assault in Texas Penal Code § 49.07 as an offense in which a person causes serious bodily injury to another while operating an aircraft, watercraft, amusement park ride, or a motor vehicle in a public place while intoxicated.
What Intoxication Assault Is Not
Intoxication assault does not include physically violent acts against another person while intoxicated—your case must involve operating a mode of transportation of some kind. If you punch someone after one too many drinks at the bar, you are subject to assault or aggravated assault charges instead.
Similarly, being involved in a motor vehicle accident while intoxicated does not equate to intoxication assault. If you were driving while intoxicated but no one was injured in the accident—or the injuries have another source—it wouldn’t be legal to charge you with intoxication assault.
Penalties for Intoxication Assault in Flower Mound, TX
Intoxication assault is a third-degree felony in Texas. Penalties include anything from 2 to 10 years in prison and/or heavy fines up to $10,000.
The severity of the victim’s injuries will have some bearing on the punishment you receive, as will the number of prior offenses. If you have previous DWI or other criminal offenses, you will face more severe consequences.
If you are a first-time offender, your sentence may be mitigated. An intoxication assault attorney serving Flower Mound, Texas, can present your legal options and outline the best-case scenario based on the specifics of your case.
Our Firm Is Led by a Certified Criminal Defense Specialist
If you are facing a possible 10-year prison sentence, seeking legal counsel is strongly recommended. The Flower Mound criminal defense attorneys at our firm are equipped to take on your intoxication assault case.
Founding attorney Randall B. Isenberg has more than three decades worth of knowledge and experience in the Texas criminal justice system as a Senior Chief Felony Prosecutor, a State District Trial judge, and a defense attorney. Such experience makes for a well-rounded and thoughtful defense for our clients. Attorney Isenberg is a criminal defense specialist certified by the Texas Board of Legal Specialization.
Our Record of Success Shows How Dedicated We Are to Protecting Your Future
Attorney Isenberg and our legal team will work to bring you the most favorable results we can. Our goal is to see your charges reduced or dismissed.
We’ll go to work for you as we have for numerous clients in Flower Mound, Denton County, and Texas as a whole. Some of our past successes include:
- Getting a DWI 3rd degree felony reduced to a misdemeanor charge for a client
- Getting a DWI case dismissed
- Getting a misdemeanor class A reduced to a Class B misdemeanor for a client with a blood alcohol concentration of 0.15 (far above the legal limit)
- Reducing a DWI misdemeanor charge to an “obstruction of roadway” charge for a client with a blood alcohol level of .15.
We cannot guarantee results, but you can rest assured that our passionate defense lawyers serving Flower Mound will work tirelessly to protect your interests.
How We Help Your Intoxication Assault Case
In order to fight for you, our law office will dedicate the time, resources, and attention to your case. You do not have to panic or worry when you put your trust in us. We will:
- Review all viable legal options and scenarios given the details of your case
- Strategize to come up with a plan that will bring you the best possible outcome in your case
- Handle all communications with the opposing counsel and necessary third parties
- Provide legal advice
- Investigate the charges against you and the circumstances of your arrest to gather evidence of your innocence, police error or violation of your rights, or other at-fault parties
- Verify that the victim’s injuries were indeed serious bodily harm
- Negotiate with prosecution for reduced charges or penalties
- Fight for your freedom and future at trial, if a favorable outcome cannot be achieved outside the courtroom
Your life is not over just because you are charged with intoxication assault. You may be afraid and unsure, but our lawyers know that these cases are rarely open and shut. Our legal team will look into every possible defense and cause.
Potential Defense Strategies Against Intoxication Assault
If you are proven not to have been intoxicated at the time or if the victim did not suffer serious bodily harm, there cannot be an intoxication assault conviction. Possible defenses your intoxication assault attorney may be able to use include:
- Proving you were not, in fact, intoxicated at the time
- Showing that the victim did not suffer serious bodily injury
- Exposing errors in drug and alcohol testing
- Improperly handled blood sample
- Tests not conducted by a qualified professional
- Substandard sanitation at the testing lab
- Malfunctioning equipment at the lab where blood was tested
- Someone else caused the car accident
- Something else caused the car accident, such as environmental factors or equipment failure
Reach Out Now for a Free Consultation
If you are facing intoxication assault charges, do not lose hope. Our team at Law Offices of Randall B. Isenberg is open and available to step in on your behalf. An intoxication assault lawyer from our firm will investigate your case and make every effort to preserve your freedom. Contact us for a confidential consultation today.
Call or text (214) 696-9253 or complete a Free Case Evaluation form