When many people hear the term intoxication assault, they don’t really know what it means. Some people even assume that it would be when someone gets in a fight while drunk, but that is not actually the case. Intoxication assault is defined in Texas Penal Code Chapter 49.
The legal code says, “a person commits an offense if the person, by accident or mistake, while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.”
Having this law in place makes it so someone can be punished more severely if they injure another party because they were driving while intoxicated. This would be in addition to any charges related to simply driving while intoxicated. In addition, this law makes it possible to charge someone who causes a serious injury on accident.
Penalties for an Intoxication Assault Conviction
Intoxication assault is a third-degree felony. It comes with a minimum of two years in prison and a maximum of 10 years. A fine of up to $10,000 can also be included in the punishment. Those who are convicted of this crime will also typically be given some type of community service, have their Texas driver’s license revoked, and potentially have any professional licenses that they hold suspended. If the person who was injured due to the assault was a law enforcement officer, firefighter, or medical professional, the charge is elevated to a second-degree felony.
The specific penalty that one receives will depend on many factors including the level of intoxication, the severity of the injury the victim experienced, and any history with driving while intoxicated on their record.
Defense Against an Intoxication Assault Charge
If you are arrested and charged with an intoxication assault, it is important that you have a strong defense in place to protect your rights. The prosecutors must be able to show that not only were you intoxicated at the time of the incident, but that it was because of this intoxication that you caused the accident. To get a conviction, this must be shown beyond a reasonable level of doubt, which is a high standard in cases like this that involve more than just strict evidence.
Here at the Law Offices of Charles A Banker III, we have experience working through these cases and can develop an effective defense strategy on your behalf. Depending on the facts of your case, we will fight to have you released from jail on bail, move to dismiss the relevant charges, and even have you found not guilty. Of course, every case is unique and we will base our legal strategy based not only on your situation but on your specific goals. If you or a loved one has been charged with an intoxication assault, contact us to schedule a consultation right away.
The Law Offices of Charles A. Banker, III
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