If you were driving under the influence and this resulted in another person’s injury, you could get charged with intoxication assault. An attorney from our firm can work with you and fight to defend you after an alcohol-related offense. A Bellaire DWI lawyer at Blass Law will build you a defense or work to get you a plea deal.
We understand how much you have to lose if you get convicted of intoxication assault. A criminal conviction can alter your professional and personal life. It can affect job future opportunities and current employment.
Our Bellaire team will work tirelessly to get you a fair outcome for your case. We can help you protect your rights. A lawyer from Blass Law will build your case with solid evidence, defend you in court, and help you understand the laws that apply to your case.
What Constitutes Intoxication Assault Offense Under Texas Law?
Our Bellaire criminal defense lawyer can help you understand the laws that apply to your intoxication assault case. Texas Penal Code § 48.07 contains the definition of intoxication assault. Regardless of your intent to harm others, the statute states that an individual commits intoxication assault if they:
- Operated an aircraft, watercraft, or amusement ride while intoxicated
- Operated a motor vehicle publicly while intoxicated
- Your intoxication caused another person to suffer a severe injury
For purposes of this statute, a serious bodily injury is a wound that causes “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.”
The offense of intoxication assault is a third-degree felony in Texas. There are, however, circumstances in which the offense and penalties can get enhanced. Under Texas Penal Code § 49.09, a charge of intoxication assault can become:
- A second-degree felony if the injury happened to a firefighter or emergency medical services worker while on duty, or
- A first-degree felony if the injured person was an on-duty peace officer or judge
Whether you get charged with a first-degree, second-degree, or third-degree felony of intoxication assault, you may want to talk to an intoxication assault lawyer who serves Bellaire, Texas, right away. Having a criminal defense attorney on board from the very beginning can be useful to your defense.
How Our Bellaire Intoxication Assault Attorney Can Help You
Intoxication assault is a third-degree felony in Texas. According to Texas Penal Code § 12.34, the punishments for a third-degree felony include:
- No less than two years and no more than 10 years of imprisonment
- A $10,000 fine
Beyond these penalties, your life may also change after facing intoxication assault charges. You could face license suspension and lose job opportunities. Our Bellaire intoxication assault attorney will help you fight the allegations you face. We will:
- Provide you with experienced legal advice
- Communicate with any parties involved in your case
- Defend you in trial
- Collect evidence that supports your case
- Answer your questions about Texas law or any other case-related matters
- Fight for your rights until we reach a fair verdict
You do not have to face your charges alone. A lawyer from our firm is here to fight for your case’s fair outcome.
Defenses We Can Use to Build Your Case
Our intoxication assault attorney could build a case that may get your charges dropped or reduced. We can also fight to get your bail reduced and negotiate a plea bargain. When we build your case, we will use defenses. These could include:
- Lack of probable cause, if the police officer did not have a reason to arrest you
- Unlawful search and seizure, if the police officer did not have a valid reason to suspect a crime was being committed
- Faulty breathalyzer test results
- False reports, if a witness was not truthful in their statements
- Failure to read Miranda rights, if the arresting officer did not explain your rights when you were arrested
We may also be able to use other defenses to help your case. The defense we use will depend on the details of your case. We will examine all details of your intoxication assault case before building your defense.
What “Intoxicated” Means Under the Texas Criminal Statutes
The legal limit for blood alcohol concentration (BAC) in Texas is less than 0.08 percent, according to Texas Penal Code § 49.01. If your BAC is 0.08 percent or higher, you are legally intoxicated.
Not many people realize that you can get a driving while intoxicated (DWI) charge in Texas even if your BAC is lower than the legal limit. Texas Penal Code § 49.01 contains two definitions of intoxication. These include:
- Having an alcohol concentration of 0.08 or greater
- Having reduced mental or physical function because of alcohol, controlled substances, drugs, dangerous drugs, a combination of these substances, or any other substance in your body
If drugs or alcohol impair your driving skills, you could get a driving while intoxicated (DWI) charge. The major difference between a DWI charge and an intoxication assault charge is whether the intoxicated driving caused injury to another person.
The Difference Between Intoxication Assault and Intoxication Manslaughter
Your third-degree felony charges could increase to second-degree charges if the injured person passes away, according to Texas Penal Code § 49.08. In this case, you would be charged with intoxication manslaughter rather than intoxication assault. Our firm can defend you in either situation.
Speak to Our Team About Working With a Bellaire, TX Intoxication Assault Lawyer
If you face intoxication assault charges, our Bellaire, TX law firm will help you fight for a fair outcome. We will build a solid case for you and defend you in court. We have experience handling intoxication assault charges, and we are prepared to help you.
Contact Blass Law to discuss your Bellaire intoxication assault case.