Intoxication assault is a serious crime that often escalates a driving while intoxicated (DWI) charge to a felony. If convicted, you may face a hefty prison sentence, fines costing thousands of dollars, and a permanent criminal record. There are severe consequences for your future when it comes to career opportunities, the ability to apply for housing, exercising your voting rights, and even owning a firearm.
You may be worried about what you can do at this difficult time or who is best-suited to help you. A Fort Worth intoxication assault lawyer can be an invaluable ally when it comes to building a solid defense to mitigate the consequences of the allegations against you. Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation.
Intoxication Assault Is Classed as a Third-Degree Felony Offense
Intoxication assault is an enhanced penalty that often accompanies a DWI charge, where the accident results in serious bodily harm to another person.
It is defined under Texas law as: “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances . . . or having an alcohol concentration of 0.08 or more.”
To be convicted, the state must prove that a person operated a motor vehicle while intoxicated from alcohol or drugs in a public place, and caused serious bodily injury to another by accident or mistake.
Serious bodily injury is defined under the Texas Penal Code as bodily harm that: “creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”
Intoxication assault is classed as a third-degree felony; however, it can be enhanced or upped to a second-degree felony if:
- The accident causes a fatality.
- The accident causes serious bodily harm to first responders while they are in the line of duty.
- The accident results in a victim experiencing severe brain damage that leaves them in a prolonged wakeful unconscious condition (also referred to as a vegetative state).
- The driver has persistent prior convictions of a similar offense.
Penalties for Intoxication Assault Charges Involving Serious Bodily Injury
The charges for intoxication assault involving serious bodily injury in Texas could see you facing offenses as detailed below:
3rd-Degree Felony Charges:
- 2 to 10 years in state prison
- A fine of up to $10,000
2nd-Degree Felony Charges:
- 2 to 20 years in state prison
- A fine of up to $10,000
If you are convicted of such charges, you could also face any of the following:
- License suspension of 3 months to 2 years, depending on any prior DWI convictions.
- Installation of an ignition lock device on your vehicle.
- Permanent criminal record.
- Mandatory participation in drug or alcohol rehabilitation counseling.
- Supervised probation.
- Community service.
With your future in the balance, it is vital to secure legal representation from a Forth Worth intoxication assault lawyer sooner rather than later, so they can quickly begin to work on defense strategies to minimize the potentially devastating impact of the accusation.
Defenses Can Be Asserted Before Court Trial
There are several aspects of intoxication assault that the state is required to prove to obtain a conviction. Having representation from a defense attorney who understands all the factors involved in such cases can provide you with a strong defense with the aim of:
- Presenting a solid argument for case acquittal.
- Negotiating lesser charges.
- Negotiating for a more lenient sentence.
- Having the charges dropped entirely in some instances.
A Fort Worth intoxication assault lawyer can build defense strategies by challenging the evidence the state has against you. Your lawyer will be able to thoroughly investigate how the accident was caused and examine any evidence brought against you, including police and witness statements and test results.
They will also be able to examine the equipment used for testing to check for functionality and maintenance and verify all procedures, training, and methods were correctly followed during the process of bringing the charges against you. Any discrepancies found could indicate:
- You were not intoxicated at the time of the accident.
- There were errors with the field sobriety tests.
- The results of the chemical test were inaccurate.
- Protocols were not followed correctly during the arrest.
You do not have to struggle with this legal battle alone. With the Law Offices of Randall B. Isenberg at your side, you can be confident your case is receiving the dedication and resources required for a robust defense developed with over 30 years of experience. Talk to us today at (214) 696-9253 for honest, practical, and trusted advice.
Protect Your Future with a Fort Worth Intoxication Assault Lawyer at Your Side
If you have been arrested for intoxication assault and are unsure how to proceed or how to find legal representation that is best suited to your circumstances, doing a little research beforehand is time well spent. Positive indicators to check for include:
- Legal standing with the bar association and any other professional accolades.
- Experience in defending intoxication assault charges.
- Use of strategies to lessen charges and sentences.
- Procedures for investigating the allegations and evidence against you.
- Negotiating skills with the prosecution.
- Client testimonials of similar cases.
- License to practice before a federal court.
If you are facing intoxication assault charges in Fort Worth, it is vital to act quickly and secure legal representation. The sooner your attorneys can begin to examine the evidence against you, the better.
Call the Law Offices of Randall B. Isenberg at (214) 696-9253 to discuss your case at no obligation today and benefit from the help of a board-certified former Senior Chief Felony Prosecutor and State District Trial Judge with 30 years of experience.