The state of Texas imposes tough penalties for driving while intoxicated (DWI) that end in bodily injury. If you are charged with intoxication assault, then you may face up to 10 years behind bars and a fine up to $10,000. You do not need to face intoxication assault charges alone. A Plano intoxication assault lawyer from the Law Offices of Randall B. Isenberg may be able to defend your case.
We provide legal services for clients in intoxication assault cases. Our law firm is here to listen to your story, provide consultation, and help you with your case. Call the Law Offices of Randall B. Isenberg today for a free case evaluation with a member of our team.
Defining an Intoxication Assault
Under Texas Penal Code § 49.07, intoxication assault refers to someone who injured another person as a result of operating machinery while intoxicated. Machinery may include a car, boat, aircraft, or an amusement ride.
To be convicted of intoxication assault in Texas, the prosecution must establish the following:
- The defendant was operating the machinery.
- The defendant was intoxicated.
- The assault took place in a public place.
- The assault was caused by accident or by intent.
- Intoxication was the reason the accident occurred.
The courts may assign different degrees of felonies depending on the circumstances of the case or if you have previous DWI charges. For instance, your offense may become a second-degree felony if the victim is in a vegetative state or the victim is an emergency medical responder.
Penalties for Intoxication Assault
If you are convicted of intoxication assault, you may face a wide range of punishments in Texas, including:
Imprisonment
A conviction for intoxication assault may result in no less than two years and no more than 10 years of imprisonment. How long you stay in prison may depend on the severity of the case.
Fines and Fees
You may pay a fine of up to $10,000. You may also have to court fees and other costs.
For a free legal consultation with an intoxication assault lawyer serving Plano, call our firm today.
Probation and Community Service
Under Texas law, the court may impose a sentence of 160 to 600 hours of community service. The court may also enforce a probationary period once you get out of prison.
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Additional Penalties
In addition to the penalties listed above, you may also face a suspension of your driver’s license, mandatory DWI education classes, random drug or alcohol testing, or an interlocking device installed on your vehicle.
If you are convicted of an intoxication assault charge, the conviction may remain on your record for life.
The Law Offices of Randall B. Isenberg defends people charged with intoxication assault in Plano. Call to get a free case evaluation with a member of our team. A Plano intoxication assault lawyer from our firm may be able to represent you.
Defending Against an Intoxication Assault Charge
In an intoxication assault case, the prosecution must prove that you are guilty of the charges beyond any reasonable doubt. If the state fails to meet the burden of proof, then you may be acquitted of the charges.
The Law Offices of Randall B. Isenberg can work with you to formulate a defense strategy. We may be able to prove your innocence or reduce your sentence. We can explore different legal strategies, such as:
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Challenging the Arrest Procedures
We may be able to challenge the state’s assertion that they had a reason to stop you and order you out of the car. We can look at the evidence to determine if the police officer violated any protocols or failed to read the Miranda Rights. We can also look at whether you were coerced into making any statements.
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Reviewing the BAC Tests
Blood alcohol concentration (BAC) tests are not always a reliable form of evidence. We may be able to question the testing procedure, the reliability of the equipment, and whether the person performing the test was qualified. If the state’s BAC test is found to be unreliable, then we can request that it be dismissed from your case.
Challenging Police or Witness Statements
The Law Offices of Randall B. Isenberg may be able to look at the statements made by police officers, witnesses, or the prosecution to see if they hold up to cross-examination.
We can review all evidence of the charges against you, too.
How an Intoxication Assault Lawyer at Our Firm Can Fight for Your Rights
Whether you are innocent of the charges against you or you are looking to reduce or drop the charges, a Plano intoxication assault lawyer from the Law Offices of Randall B. Isenberg may be able to represent you.
Our law firm may be able to provide the following legal services in your case:
- Offering you legal consultation and guidance
- Investigating your case to gather evidence in your defense
- Speaking with eyewitnesses and expert witnesses
- Engaging with all relevant parties on your behalf
- Developing a defense against the prosecution
Furthermore, we may be able to obtain evidence such as photos or videos of the accident, look at forensic reports, and review all documents related to the case.
If you hire us to represent you, the Law Offices of Randall B. Isenberg can manage your entire case throughout the litigation.
You Can Request to Have an Attorney Present During All Proceedings
When police are interviewing you about your charges, you have the right to hire our team to represent you. You do not have to speak to the police without having our team in the room with you.
Choosing to have an attorney present during questioning does not mean that you have something to hide. It will not cause prosecutors to charge you with a more serious penalty. Law enforcement officers may try to convince you that having an attorney present is not necessary, but you have the right to legal representation.
We Can Protect Your Rights
By having our team in the room during your interview with the police, we can be certain that officers are not violating your rights. The police must follow certain procedures to be able to gain a legal conviction.
When facing a charge of intoxication assault in Texas, avoiding a conviction is difficult when police convince you to admit to certain things that may not be entirely true. We will try to make certain that you do not make an error in describing what happened.
You Need to Take Every Step Possible to Defend Yourself
After you get charged with intoxication assault, it can feel like the world is against you. The police are making accusations, and prosecutors are trying to have you plead guilty, suggesting this is the best way to put the entire incident behind you.
However, because you are facing such serious penalties in an intoxicated assault charge, we would recommend that you take the time to defend yourself against these charges. It is not worth trying to end the case fast as a tradeoff for your current freedom and future life.
It’s Best to Take Action As Soon As Possible
You may believe that you did not do anything wrong. You may feel like sitting back and waiting for the police to uncover the facts in the case that show you are innocent of these charges.
However, even if you are innocent, the police may still bring charges against you. They could have some initial evidence that leads to an assumption of guilt for you, and they may not stop looking for more evidence. The police may not do this on purpose, but it could lead to a conviction against you.
Fight Back Against These Charges With Our Attorneys’ Help
Rather than relying on the police failing to find evidence that shows you did nothing wrong, you can hire our team to seek out evidence on your behalf. We may be able to find information that the police did not find, helping your chances of having the charges reduced or dropped.
Ultimately, the police may be actively seeking evidence to show that you deserve a conviction. However, with our team on your side, you can trust that we will search for and organize evidence that helps your case.
A Plano Intoxication Assault Lawyer at Our Firm May Be Able to Represent You
If you have been charged with intoxication assault in Plano, contact the Law Offices of Randall B. Isenberg. We may be able to provide legal representation for your case.
Call us today for a free case evaluation with a member of our team.
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