Alcohol Complicates Feelings & Your Defense

The holidays are some of the happiest times of the year, bringing families together for celebrations from all over the world. Unfortunately, these joyful occasions can also be a source of stress and conflict. A single evening of intoxication has the potential to upend your life and limit the freedoms you can enjoy. In Texas, when intoxication leads to serious bodily harm such as situations involving assault or a car crash, the consequences can be substantial. No matter what your plans for the holidays entail, understanding the impact of intoxication on legal matters may change the way you celebrate. 

What is “Intoxication” Anyway?

Intoxication is a common cause of impaired judgment and often intersects with the legal system. From drinking alcohol to consuming drugs either as prescribed or recreationally, intoxication can present a wide range of challenges if confronted with a legal issue. In the state of Texas, when intoxication leads to serious bodily harm, the consequences can be especially severe and negatively impact the outcome of your case.

For example, intoxication assault is a serious offense everywhere. Essentially, it’s an assault that has been complicated by intoxication. In other words, if someone intentionally or unintentionally inflicts severe bodily harm on someone else while intoxicated, they may be facing a felony. This is something that can happen whether someone is intoxicated or not, but the key here is the concept of “impaired judgment.” The prosecution may use the narrative that suggests if intoxication were not a factor, the alleged crime would have never been committed.

To successfully use intoxication against the defendant, the prosecution must demonstrate:

Intoxication: Clear evidence that the defendant was under the influence during the incident. This evidence must have been collected at the time, naturally, as Blood Alcohol Content (BAC) or drug testing would be necessary while it’s still in your system. Confirmation of intoxication might also stem from multiple sources, such as first-hand testimonies or surveillance records.

Serious Bodily Injury: The victim suffered significant harm, which could entail life-threatening conditions, prolonged disfigurement, or sustained damage to any body part or organ.

Proximate Cause: The defendant’s inebriated state was a direct factor leading to the inflicted harm.

Your Legal Partner in Trying Times

Convictions of assault cases involving intoxication are quite severe. The convicted could face a prison term extending up to two decades, a financial penalty as steep as $10,000, or other repercussions, including probation, community service assignments, and revocation of driving privileges. With stakes this high, it’s extremely important to work with an experienced attorney to carve out a strategy that protects your rights and preserves the nuances of your situation.

Facing allegations related to intoxication assault can be overwhelming. At The Law Offices of Charles A. Banker, III, we’re well-versed in the intricacies surrounding such offenses. If you or someone you know is grappling with charges involving intoxication or assault, we’re here to help. Reach out to us, and let our team be the guiding light in your legal journey. Remember, your future is invaluable; let us be the allies who prioritize it. Schedule your consultation by calling our Houston office at (713) 227-4100 or the McAllen office at (956) 687-9133 today.

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The Law Offices of Charles A. Banker, III

Our firm’s founder, Charles A. Banker III, has been a solo criminal defense practitioner with offices in Houston and McAllen, TX for over 30 years. He understands what it means to work independently in today’s hyperconnected world, but he also knows that sometimes you need to lean on others.

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