Intoxication Assault Lawyer - Home » Areas We Serve » Dallas Criminal Defense Lawyers » Experienced DWI Lawyers in Texas » Dallas Drunk Assault Lawyers
A charge of assault while intoxicated can be very scary and put a damper on your entire life. Don't risk paying thousands of dollars in fines or spending decades in prison. Call a Dallas drunk driving attorney at the Law Office of Randall B. Isenberg today.
Intoxication Assault Lawyer
You may face charges while intoxicated under Texas law if you cause a DWI accident that results in serious bodily injury.
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According to Section 49.07 of the Texas Penal Code, "serious bodily injury" is "an injury that presents a substantial risk of death or causes serious permanent disfigurement or permanent loss or impairment of function of any part or organ of the body."
For example, Margaret suffered a spinal cord injury after being hit by a drunk driver. Her injuries and the resulting disability meant that Margaret would be in a wheelchair for the rest of her life. She suffered serious bodily injury.
Assault while intoxicated is a third-degree felony, unless there is reason to apply enhanced charges and penalties. For a drunken attack, a person may face:
If you injure a lot of people, your fees can double. For example, if you injure a pedestrian and another motorist, you face a $20,000 fine and up to two decades in prison.
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Fees and penalties may also depend on which substance you are under the influence of; an attack influenced by drugs, rather than just alcohol, can have greater consequences. If you are charged with assault and you have drugs on you, then you should consult a Dallas drug crime attorney. Our experienced attorneys are well versed in drug law.
A Dallas drunk driving attorney from our firm can help you avoid the convictions and other consequences we have mentioned.
Texas law provides for enhanced offenses and penalties in certain circumstances, which are listed in Section 49.09 of the Texas Penal Code.
In Texas, second-degree felonies carry multiple penalties, including a minimum of 2 years in prison (up to 20 years), fines of up to $10,000, and license suspension.
Why Hire A Triple Board Certified Lawyer
Drunken assault is a serious crime that can affect your wallet, your job and even your freedom. A Dallas drunken driving attorney at the Law Offices of Randall B. Isenberg will investigate your case and explore all reasonable possibilities for a defense. We will look for reasons to cast reasonable doubt on the elements of the charge.
When you become our client, you will receive a complete legal service, so you will not have to worry about anything related to your case. You will be able to rely on your lawyer to:
For potential customers, our company offers a free consultation. You can meet us for free and without obligation. During your consultation, we will provide a case review and advise you on how to proceed with your case.
Fighting drunken assaults is an uphill battle, but the Law Office of Randall B. Isenberg can help. Randall has decades of experience as both a Senior Criminal Prosecutor and State District Judge. This gives him inside knowledge of how the state works and how it works after those accused of assault while intoxicated.
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Randall is certified as a Criminal Advocate by the Texas Board of Legal Professionals and is certified as a Criminal Advocate by the National Trial Advisory Board. To learn more about our company and what we can do for you during a free consultation, connect with us today.
Do you need legal representation? We can help you build your defenses. Send us a message below and one of our staff will get back to you as soon as possible. , Texas? If so, you need the help of an experienced and proactive DWI defense law firm who can put together a plan to protect your freedom and clear a criminal record.
Also, time is of the essence if you have just been caught! You have 15 days from the date of your drunken assault arrest to request an administrative revocation hearing with the Texas Department of Public Safety. If you do not make the request on time, your Texas driver's license will be automatically suspended for up to 180 days.
Most people can't imagine a worse situation than driving a car involved in a car accident with a family member in the car. The idea of this is bad enough, but if you have been drinking and your family member is injured or seriously injured, you could face an intoxicated assault charge as well as a DWI charge under Texas law. These charges are automatic, your family members don't have to be willing to pay; The state of Texas will automatically prosecute them.
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This is where Jeff Hampton and the Hampton Law Firm come in. At Hampton Law Firm, you will find an energetic, experienced and strategic team of DWI attorneys who know how to get results. If you are facing serious charges like Intoxicated Assault, you need the best drunken assault attorneys on your side. Call 817-435-2909 now to schedule a free case review with Hampton Law Firm.
Under Texas Code, Section 49.07, you may face a charge of assault while intoxicated if you are responsible, knowingly or unknowingly, for serious injury that occurs to another person if you operate a motor vehicle, vessel, aircraft, or recreational game while intoxicated.
Also, you can face similar charges if you ride an amusement park ride while intoxicated and then someone sustains serious bodily harm.
In addition to the other factors that we will address for assault while intoxicated, it is important to remember that all elements of drunk driving must also be proven against an offense of assault while intoxicated:
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Drunk is defined as loss of normal use of your mental or physical faculties due to the introduction of alcohol, drugs or dangerous drugs into your body OR having an alcohol content of 0.08 or higher at the time of Media control.
Failure to prove each of these elements of the crime will result in a verdict of not guilty in a jury trial. Your attorney should work with you to review these criminal elements and compare them to the facts of your case to develop a winning defense strategy.
Drunken assault is considered a third-degree felony in Texas. The Texas Penal Code provides that people convicted of third-degree felonies serve a minimum of two years and a maximum of 10 years in prison and can be fined up to $10,000.
Because many criminal courts also assess probation after prison, you may also be required to perform up to 600 hours of community service upon release.
Intoxication Assault Lawyer
You may face additional consequences including losing gun ownership and having to re-register to keep your right to vote after being convicted of a third-degree felony. You will also have to admit to being a convicted felon in job applications and interviews, thus limiting your chances of obtaining meaningful employment. You may also face other issues, including your ability to secure housing.
Never assume you can beat the charge of assault while intoxicated. To ensure that you are not treated unfairly by the prosecutor, it is important that you hire a drunken assault attorney to ensure your best options.
One of the challenges prosecutors will face in proving drunken assault is that the accident would not have happened if you had not been drinking. In other words, the causative factor must be proven beyond a reasonable doubt by the prosecution.
Although this sounds simple, it is actually very complicated. For example, if you were involved in an accident with two people and the passenger in the other vehicle was seriously injured, you might think that the police would automatically assess your injury fault.
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However, there may be other factors involved that could reasonably cause the injury that were unrelated to the toxicity, including:
The reason these intoxication defenses can work is because section 6.04(a) of the Texas Penal Code Issue: Conduct and Result states:
"A person is criminally liable if the effect does not occur unless his conduct acts alone or in connection with another cause, unless the simultaneous cause is clear enough to produce the effect and the conduct of the executor is clearly not sufficient."
As you can see from the definition above, the effect must have been intoxication and if the State of Texas cannot prove this criminal element beyond a reasonable doubt, you will be found not guilty in court.trial by jury.
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Another way to combat these allegations is to question the results of the field sobriety test. If you have been investigated for DWI or assaulted while intoxicated, DWI staff may have asked you to take a field sobriety test. The main purpose of field sanity testing is to assess
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