Understanding Intoxication Assault Laws in Texas: A Comprehensive Guide

Facing intoxication assault charges in Texas can be overwhelming. If you or someone you care about is dealing with this situation, it is natural to feel anxious, confused, or even scared. We want you to know that help is available. At Deandra Grant Law, we understand how challenging this experience is, and we are committed to guiding you with compassion and clarity. By addressing your concerns and providing a thorough explanation of intoxication assault laws, we aim to empower you with the knowledge you need during this difficult time.

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What is Intoxication Assault in Texas

Intoxication assault is a serious offense in Texas. It occurs when someone, while operating a motor vehicle, watercraft, aircraft, or amusement ride, causes serious bodily injury to another person because of intoxication. Serious bodily injury refers to harm that creates a significant risk of death, causes permanent disfigurement, or results in long-term loss or impairment of any body part or organ.

Texas law takes intoxication-related offenses very seriously. Intoxication assault is classified as a felony, and the penalties can be severe. Understanding the law and how it applies to your case is essential for navigating your legal situation effectively.

Penalties for Intoxication Assault in Texas

The consequences of an intoxication assault conviction can be life-altering. In Texas, this offense is usually classified as a third-degree felony. If convicted, you could face imprisonment ranging from two to ten years, fines up to ten thousand dollars, and other penalties. Additional consequences may include probation, community service, mandatory attendance in alcohol education programs, and the loss of your driver’s license.

Certain factors can enhance the severity of the charges. For example, if the victim was a peace officer, firefighter, or emergency medical worker performing their duties, the offense may be elevated to a second-degree felony. This comes with harsher penalties, including longer prison sentences and higher fines.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Senior Associate

Makenzie Zarate

Criminal Division DWI Trial Chief

Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Division Associate

The Importance of Understanding the Legal Process

Navigating the legal system can be daunting. After an arrest for intoxication assault, the process typically begins with the filing of formal charges by the prosecution. From there, hearings, plea negotiations, and potentially a trial may follow. Each stage presents an opportunity to defend yourself and work toward a favorable outcome.

Building a strong defense requires a thorough understanding of the law, the evidence against you, and the strategies available to challenge the prosecution’s case. This is where having an attorney who understands intoxication assault cases becomes crucial.

"Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."

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"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."

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Defenses Against Intoxication Assault Charges

While intoxication assault charges are serious, several defenses may be available depending on the circumstances of your case. One possible defense is challenging the validity of the evidence. For example, the results of breath or blood tests used to determine intoxication may be inaccurate or improperly obtained.

Another approach is questioning whether intoxication directly caused the accident and resulting injuries. Texas law requires a clear connection between intoxication and the injury. If the injuries resulted from another factor, such as a mechanical failure or another driver’s actions, this could be a basis for a defense.

Each case is unique, and determining the best defense requires a detailed examination of the evidence, the events leading up to the incident, and applicable laws.

The Role of Legal Representation in Intoxication Assault Cases

Having experienced legal representation can make a significant difference in the outcome of an intoxication assault case. A skilled attorney can analyze the evidence, identify weaknesses in the prosecution’s case, and advocate for your rights. Whether negotiating for reduced charges, seeking alternative sentencing options, or presenting a defense at trial, a strong legal advocate is essential.

In intoxication assault cases, time is of the essence. Evidence can fade, memories can become less reliable, and legal deadlines can pass. Acting quickly to secure legal representation can help preserve crucial evidence and ensure your case is handled effectively.

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Long-Term Consequences of an Intoxication Assault Conviction

The impact of an intoxication assault conviction extends beyond the legal penalties. A criminal record can affect many aspects of your life, including employment opportunities, housing options, and professional licensing. Additionally, the emotional and financial toll of dealing with the aftermath of a conviction can be significant.

Understanding the potential consequences highlights the importance of mounting a strong defense. Addressing the charges proactively and with skilled guidance can help you mitigate these long-term effects and protect your future.

The Impact on Personal and Professional Life

The consequences of an intoxication assault charge go beyond the courtroom. If convicted, you may face social stigma and strained personal relationships. Friends and family members may struggle to reconcile the incident with the person they know, leading to emotional challenges. Professionally, many employers conduct background checks, and a felony conviction could limit your opportunities for future employment. Additionally, certain professional licenses may be suspended or revoked, which can severely impact your career. Recognizing these potential challenges is crucial, as they highlight the importance of addressing the charges effectively and with urgency.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

How Intoxication Assault Differs from DWI Charges

It is important to understand the distinction between intoxication assault and driving while intoxicated charges in Texas. While both offenses involve operating a vehicle under the influence of alcohol or drugs, intoxication assault involves causing serious bodily injury to another person. This additional element elevates the charge to a felony, with far more severe penalties than a standard DWI. Recognizing these differences is critical for anyone facing these charges, as it underscores the gravity of the situation and the need for a comprehensive legal defense.

The Importance of Investigating All Circumstances

Thorough investigation is a cornerstone of building a strong defense against intoxication assault charges. Every detail of the incident must be examined, including the conditions leading to the accident, witness statements, and the methods used to test for intoxication. For example, the reliability of field sobriety tests or the calibration of breathalyzers can play a significant role in challenging the evidence presented by the prosecution. A meticulous investigation ensures that no stone is left unturned, and every avenue for defense is explored.

Why You Should Act Now

If you are facing intoxication assault charges in Texas, it is crucial to act promptly. The decisions you make in the early stages of your case can have a lasting impact on the outcome. Seeking legal assistance from professionals who understand the complexities of Texas intoxication assault laws can give you the support and guidance you need.

At Deandra Grant Law, we are dedicated to helping you navigate this challenging time. Our compassionate team will work tirelessly to build a defense tailored to your circumstances and fight for the best possible outcome in your case. Contact us today to begin protecting your future.

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