Facing Charges for Intoxication Assault in Assault?
Call Jack Gorski, an Aggressive, Smart DWI Lawyer
In Texas, you’ll face intoxication assault charges if you cause an accident that leads to serious bodily injuries to another person or people and the police feel that you’re intoxicated. The penalties are severe if convicted, but the burden of proof is on the State of Texas. Travis County prosecutors need to prove beyond a reasonable doubt that you were driving drunk and as a result, caused serious bodily injuries to persons other than yourself.
The Law Office of Jackson F. Gorski has experience representing Texans who were rightfully and wrongfully accused of causing injuries while intoxicated. If you need help, call Austin DWI Lawyer Jackson F. Gorski at 512-960-4646.
In many cases, it has been found that the defendant either wasn’t legally intoxicated, or wasn’t at fault for the accident and was wrongfully charged. If someone hits you while you’re driving drunk you don’t deserve to go to jail for it.
Austin criminal defense Attorney Jackson F. Gorski is interested in hearing from defendants facing criminal charges that involve drunk driving accidents. The Law Office of Jackson F. Gorski feels that everyone’s freedom is worth defending, that everyone makes mistakes, and that everyone deserves a second chance.
If you’re facing 2nd Degree Felony criminal charges in Travis County, call 512-960-4646 for immediate help, today.
What Is ‘Legally Intoxicated’ Under Texas Law?
In Texas, you are considered legally intoxicated under the following circumstances:
- If you’re not in control of your physical or mental faculties due to the use of alcohol, a drug, a controlled substance, a dangerous drug or a combination of these substances.
- If the alcohol concentration in your blood is 0.08 or higher
How is Intoxication Assault Defined in Texas?
In Texas, one can be considered to have committed intoxication assault accidentally or mistakenly if he or she does the following:
- Operates an aircraft, motor vehicle in a public area or takes an amusement ride while intoxicated, and because of the intoxication, he or she causes bodily harm or injuries to another person
- Attempting to assemble a mobile amusement ride when drunk, and as a result of the intoxication causes bodily injury to someone
In this case, ‘serious bodily injury’ refers to an injury that may cause death, permanent disfigurement, impairment of any bodily organ or protracted loss. This offense is classified as a 3rd Degree Felony in Texas. If convicted, the defendant will be liable to serve a prison sentence of 2-10 years and pay a fine of up to $10,000.00.
Penalties for DWI Intoxication Assault
Intoxication assault is a 3rd-degree felony unless it is elevated to a 2nd-degree felony for reasons mentioned before. The criminal penalties for intoxication assault may include the following:
- A fine not exceeding $10,000
- Mandatory hours of community service of up to 1000 hours
- Revocation or suspension of the driver’s license from 3 months to one year
- Mandatory installation of an ignition interlock device
- Undertaking an approved alcohol or drug program
- A prison term of 2 to 10 years
- Probation with a 30-day jail term as one of the conditions
If the offense elevates to a 2nd-degree felony because you caused injury to a firefighter, peace officer or an emergency medical personnel, the DWI offender may face 2 to 20-year term jail or a fine of up to $10,000.
Enhanced Penalties for Intoxication Assault
Under Texas law, there are circumstances that call for enhanced penalties for intoxication assault. They include:
- Causing serious body injuries to an officer that was that was performing his or her official tasks like a peace officer, police officer, or firefighter.
- If the victim got a traumatic brain injury that led to a persistent vegetative state
The above will be elevated from a 3rd-degree felony to 2nd-degree felony which is punishable by a sentence of 2-to-20 years TDCJ and a fine of up to $10,000.00.
When Does The State Have A Valid Case Against You?
Before the state can convict you of intoxication assault, the following elements must first be proven beyond reasonable doubt; that you operated a motor vehicle in a public place when intoxicated, and due to the intoxication, you caused serious bodily harm to another person.
Defending You Against Intoxication Assault Charges
Jackson F. Gorski, Experienced Defense Lawyer
Even if you were not arrested at the scene, or if the other driver did not accrue any visible injuries at that moment, you’ll need a lawyer. If the other party complains of any health issues that are believed to have developed from that fateful day, you’ll be held responsible and may face criminal charges.
Austin criminal defense lawyer Jackson F. Gorski will determine whether you caused the victim’s injuries or if it was their fault. For example, a motorist without a helmet is liable for any injuries they sustain, same goes for people who don’t wear a seat-belt.
Secondly, Attorney Jack Gorski will determine whether you really caused the accident or if it was the other person’s fault. For example, if the party was cycling without the front or rear light, it provides strong reasonable doubt of your liability.
Don’t give in easily. The Law Office of Jackson F. Gorski will establish whose fault it was, and develop legal strategies from that point. If the accident wasn’t your fault, even if you were intoxicated, you will not be found guilty of intoxication assault.
If you’re ready to schedule a meeting with Austin DWI Attorney Jack Gorski, at which time we’ll conduct a confidential case review at no charge for you, contact The Law Office of Jackson F. Gorski by contact form or by phone at 512-960-4646.