Intoxicated Assault Defense in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties
When an inebriated driver gets behind the wheel and is involved in a car accident, the driver may face a charge of intoxication assault. In many jurisdictions, there are dramatic legal consequences for drinking and driving and adding an accident to this charge can seriously increase the ramifications.
In order to bring a charge of intoxication assault against someone, the prosecution in the case must demonstrate evidence that the driver was legally intoxicated and also caused serious bodily harm to another person. However, the prosecution does not have to prove that the driver actually intended to cause bodily harm. They only have to show that there is enough evidence to prove that the driver’s level of inebriation resulted in the accident.
What is Serious Bodily Injury?
In intoxicated assault cases, the prosecution must submit evidence that the actions of the inebriated driver caused serious bodily injury to another person. According to the Texas Penal Code, serious bodily injury is defined as an injury that causes long-lasting or permanent damage to any part of the body or organs. It can also include an injury that is likely to result in death. Even if this type of injury does not seem apparent immediately after an accident, a driver can still be charged with intoxication assault if the injuries appear at a later time.
Intoxication Assault Penalties
The penalties for intoxication assault can be very serious. In many places, this offense is listed as a third-degree felony. This categorization applies even if it is a first-time offense for the driver. Some punishments may include:
- A minimum of two years and up to a maximum of 10 years of incarceration in the state penitentiary
- Up to $10,000 in fines, not including legal fees, court costs or punitive fines paid to the injured person
- A minimum of 160 hours of community service up to a maximum of 600 hours of community service
- Loss of rights and privileges as a result of a felony conviction
Defending Against Intoxicated Assault Allegations
Although intoxicated assault is a very serious charge, it is still possible to prepare a strong legal defense. For example, if the arresting officer in the case obtained a breath or blood sample from the driver, a DWI attorney can examine all of the sample results and accompanying paperwork to make sure proper procedure was followed. If a DWI attorney can prove in court that proper procedure and due process were not followed at any point in the case, the prosecution may have to drop the case or reduce the charges.
Contact a Houston Intoxicated Assault Attorney
To learn more about intoxication assault cases and possible legal defenses, contact The Law Office of Greg Tsioros at 832-752-5972 today.