Intoxication Assault Sentence In Texas
Intoxicated Assault With Vehicle SBI In Houston, TX
People who drive while drunk and end up causing an accident, as a result, can be charged with intoxication assault. An intoxication assault charge is more serious than a DWI charge and is normally used against drunk drivers that cause accidents that lead to other people sustaining serious bodily injuries. In accidents where the injuries are minor or where no one was hurt, a DWI charge is more likely. A trusted experienced lawyer can help answer any question you might have regarding intoxication assault w/vehicle SBI and other related DWI common questions.
What To Do After An Intoxication Assault Charge
Intoxication Assault W Vehicle SBI
If you or a loved one was arrested and charged with intoxication assault, you need to hire an experienced accident lawyer as soon as possible to help you. A skilled and Board Certified DWI lawyer is likely to work with an accident reconstruction team to look for favorable evidence that may help your case. Since they need to get to the scene of the accident when the evidence is still fresh, you need to call your lawyer almost immediately after the accident.
The government won’t waste any time building their case against you or a loved one after an accident so don’t hesitate to get legal representation as soon as you can.
Why You Should Take The Charges Seriously
TX Intoxication Assault With A Vehicle
Any charges involving drinking and driving have the potential consequences to affect your future. You should take them seriously if:
- You were intoxicated beyond the legal limit
- Many issues emerged when you were pulled over by the police or after you took field sobriety or blood test
- You were not responsible for the accident
Some people have avoided DWI charges by simply refusing to take a breathalyzer test, but doing this can lead to authorities suspending your driving license. Your DWI attorney can use evidence gathered to build a solid defense on your behalf.
Is DWI Just Another Term For Intoxication Assault?
Intoxication Assault Texas Punishment
A DWI charge and Intoxication Assault charge are separate charges that come with different penalties. But both charges require four elements to be proven for a conviction:
- The defendant was the driver
- The defendant was driving a motor vehicle
- The defendant was drunk or intoxicated
- The defendant was driving the vehicle in a public space
However, Intoxicated Assault also requires the prosecution side to prove that other people sustained serious bodily injury as a direct result of the accident caused by the defendant.
Definition Of Intoxication Assault
Assaulting Someone While You Are Under The Influence Of
According to Texas Penal Code Section 49.07, Intoxication assault is when a person drives a motor vehicle on a public road while impaired and ends up causing an accident that leads to serious bodily injury to another person. Serious bodily injury means “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. “
You will face an Intoxication Assault charge whether or not the accident was intentional or happened by mistake. Remember that intoxication assault is a Third-Degree Felony but in some cases, this charge can be enhanced depending on the severity of the injury and the person who was injured.
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Intoxication Assault FAQs
What is the penalty for intoxication assault in Texas?
In Texas, the penalty for intoxication assault is classified primarily as a third-degree felony. This charge applies when a person causes serious bodily injury to another by accident or mistake while operating a vehicle, aircraft, watercraft, or amusement ride under the influence of alcohol or drugs. The term «serious bodily injury» involves injuries that pose a substantial risk of death, or cause permanent disfigurement or protracted loss of bodily function.
The typical penalties for a third-degree felony intoxication assault include imprisonment for 2 to 10 years and a fine of up to $10,000. Additional legal consequences can include community service, probation conditions, and suspension or revocation of the driver’s license. In cases where the victim is a firefighter, emergency medical personnel, or a peace officer performing their duty, the charge can be enhanced to a second or even first-degree felony, potentially leading to more severe penalties.
For a more in-depth understanding, you can explore further details on intoxication assault under Texas Penal Code Section 49.07. Always consider consulting with a legal expert to get precise guidance tailored to the specifics of any case involving intoxication assault.
Is vehicular assault a felony in Texas?
In Texas, there is no specific criminal offense named «vehicular assault»; however, similar conduct can be charged under other specific statutes such as intoxication assault or aggravated assault using a vehicle. If a motor vehicle is used recklessly or while intoxicated, causing serious bodily injury to another person, the driver can be charged under these laws.
Intoxication assault is typically charged as a third-degree felony, with penalties that can include two to ten years in prison and substantial fines. If the assault involved a vehicle and resulted in serious bodily injury, it can also be charged as aggravated assault, which can be a second or third-degree felony depending on the circumstances, including whether a weapon (in this case, the vehicle) was used. The penalties for aggravated assault can vary, with a third-degree felony carrying up to 10 years in prison and a second-degree felony carrying up to 20 years.
The categorization of the offense and the severity of the penalties can depend on several factors, including the defendant’s intent and the specific harm caused to the victim. In cases involving vehicles, if the conduct was reckless but didn’t involve intoxication, it could potentially be charged as reckless driving, which is a lesser offense. However, if the actions of the driver showed willful or wanton disregard for the safety of others, it could elevate to a more serious charge.
For anyone facing such charges, it’s crucial to seek legal counsel to navigate the complexities of Texas criminal law and to develop an effective defense strategy.
What is the statute of limitations on intoxication assault in Texas?
In Texas, the statute of limitations for intoxication assault is three years from the date of the offense. This timeframe applies to the period within which the state must initiate legal proceedings for the alleged crime. If charges are not brought within this period, they typically cannot be pursued later under Texas law