When police arrest you after an injury accident and you are charged with intoxication assault, it can feel like the whole world is against you. You face an uncertain future because of the potential criminal penalties. Your life could change forever if you receive a conviction on charges related to the accident.
Our Cedar Hill intoxication assault lawyer knows the feelings of uneasiness that accompany facing these charges. The Law Offices of Randall B. Isenberg team is ready to fight as hard as we can to defend you against charges related to the accident. We give you the professional representation that you deserve.
We Will Help You Understand an Intoxication Assault Charge
Many people have a limited understanding of the charge of intoxication assault in Texas. This type of charge differs quite a bit from a standard charge of assault that results from an attack or a fight.
An intoxicated assault charge is possible when, according to Texas Penal Code Chapter 49, a driver who is illegally operating a vehicle under the influence of alcohol or drugs causes an accident where people suffer serious bodily injury. This is a third-degree felony charge.
The Consequences of a Fatal Accident
If the drunk driving accident results in a fatality, prosecutors can replace the intoxication assault charge with a charge of intoxication manslaughter. This becomes a second-degree felony, creating a potential for you to receive more serious penalties than the third-degree penalty.
The Consequences of a Felony Conviction
Your intoxication assault attorney in Cedar Hill, TX, might recommend that you aggressively defend yourself against any charge that involves a felony, including an intoxication assault charge. A conviction on a felony will affect your life for many years, according to the United States Probation Office—Western District of Texas, including the potential for:
- The loss of the right to vote until you finish serving your penalties
- The loss of the right to own a firearm
- The loss of the ability to hold certain jobs
- The loss of the ability to run for some public offices
- The inability to serve on some juries
- Prison time of two years or more
- A fine of up to $10,000
A felony conviction carries far harsher penalties than those involved with a misdemeanor conviction. Felony charges also create longer-lasting consequences.
Our Intoxication Assault Lawyers Serving Cedar Hill Will Work for You
Randall B. Isenberg has more than 30 years of experience working in the legal profession. This level of experience can be a significant advantage for you in your case. He also knows all aspects of the legal system, having previously worked as a prosecutor and as a state district judge.
Consequently, our team has multiple strategies we could use to secure the best possible outcome in your criminal matter.
Seeking a Reduction in Your Charges
One strategy we might attempt to use in a felony case is seeking a reduction in the charges against you, hoping to end up with misdemeanor charges or a complete dismissal of the charges.
To convince a prosecutor to reduce the severity of the charges against you, including the felony intoxicated assault charge, we will need to produce facts from our own investigation of the accident. We could show facts that weaken the evidence against you, leading to reduced charges.
Cedar Hill Intoxication Assault Lawyer Near Me (214) 696-9253
Questioning Whether Police Collected Evidence in a Legal Manner
In a case involving a DWI situation, police must collect evidence showing your intoxication level. They must follow the law perfectly when doing so. Any deviation from the proper procedures could create doubt about the accuracy of your blood alcohol concentration (BAC) measurements, helping us defend you.
Law enforcement officers must also undergo a significant amount of training before administering these tests. If we can show that an inexperienced officer performed your tests without the proper training, we could use those facts in your defense.
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Questioning the Other Party’s Injuries
Because the Texas Penal Code requires that a charge of intoxication assault must involve serious bodily injury to the other person, prosecutors must prove the level of injury against the other party. The definition of serious bodily injury includes:
- Traumatic brain injury
- Injury that creates a substantial risk of death
- Loss of a body part
- Protracted impairment of a body part
- Protracted impairment of a body organ
We could show that the injuries to the other party in your accident are less severe than prosecutors allege. If so, we could convince prosecutors to reduce or drop the felony intoxication assault charge.
Hire a Criminal Defense Attorney To Stand By You Through Difficulty
You may feel as though police officers and prosecutors have a strong case against you after your drunk driving accident. Prosecutors may tell you that you should just plead guilty to the intoxicated assault charge to finish the case as quickly as possible.
It can be tempting to try to end the case fast. The hardest part about facing criminal charges is the unknown for some people. Waiting for a trial or resolution of the case can seem to take an eternity. However, because of the serious consequences involved in a felony charge, we would never recommend focusing on ending the case fast.
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Allow Us To See Whether We Can Help Your Situation
Let our team investigate your case and develop an effective defense strategy for you. If we can secure a favorable outcome in your case, it will be worth the wait.
We Do Not Give Up When Facing Difficult Circumstances
Our intoxication assault lawyers know that fighting against charges related to intoxication assault and DWI is extremely challenging. Our Cedar Hill team does not let this deter us, though. We fight as hard as we can in defending your rights, always attempting to reach a favorable outcome.
For a free review of your case, contact the Law Offices of Randall B. Isenberg today at (214) 696-9253.