Consequences And Defense For An Intoxication Assault Charge in Fort Worth, TX

If you were charged with intoxication assault in Tarrant County or Fort Worth, we can help you build a defense and avoid the worst consequences of this crime. 

In Tarrant County, first-time DWI charges are classified as a misdemeanor. However, if you are charged with intoxication assault or “serious bodily injury to another person” while driving intoxicated, your misdemeanor is now a felony in the state of Texas. 

Because Intoxication assault involves harming others, it is not only classified as a third-degree felony in Tarrant County, but the local judges and prosecutors also take them very seriously. This is especially true if you severely injured another person while you were drinking and driving.

 If you’ve been charged with this crime, you are not out of options. There is hope, but you need an experienced and skilled DWI attorney on your side, and in the county where you are being charged (Tarrant County). The right attorney will help you fight back by building a defense for your case. 

Intoxication Assault Defined In Texas

If you’re convicted of intoxication assault in Fort Worth / Tarrant County, you will likely be required to serve time in prison, which is based on the specifics of your case.

Unfortunately, the minimum term of imprisonment for this offense is between two and ten years behind bars. 

Penalties may be enhanced due to the following aggravating factors:

• The extent of the injuries you’re accused of causing
• How many prior DWIs you have
• Your overall criminal history

Intoxication Assault Is A 3rd Degree Felony, but it can become a 2nd Degree Felony if:

• The accident caused a fatality.
• The accident caused serious bodily harm to 1st responders
• The accident causes a victim to have severe brain damage leaving them with prolonged and wakeful unconscious condition (vegetative state).
• The driver has similar prior convictions

If you’re convicted, you can be placed on probation alone, and be ordered to pay a fine of up to $10,000, and you will likely lose your license for some time.

• TX Penal Code § 49.01(2) defines Intoxication as:“Not having the normal use of mental or physical faculties due to the use of alcohol, controlled substance, drug, dangerous drug, a combination of two or more of those substances or having an alcohol concentration of 0.08 or more.”
• TX Penal Code § 49.07(b) defines Serious bodily injury as “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.”

Intoxication Assault With Serious Bodily Injury

Chapter 12 of the TX Penal Code Outlines the consequences and penalties for intoxication assault with serious bodily injury in the state of texas.

• 3rd Degree Felony with 2-10 years in state prison and a fine up to $10,000
• 2nd Degree Felony with 2-20 years in state prison and a fine up to $10,000

Further penalties can include

• Losing your license for 3months to 2 years.
• Ignition interlock device on your vehicle
• Probation *supervised
• Drug Rehab Treatment
• Community Service Hours
• Permanent Criminal Record
• Anything else the Judge Decides

Avoiding An Intoxication Assault Conviction. Finding Holes in The Prosecutions Case. 

Although a charge of intoxication assault is very serious, you haven’t been convicted yet. You still have time to fight the charge, but you need help. The first thing you need to remember is not to speak with the police without a lawyer present. They can and will use your statements against you.

Although you may think there is no defense against an intoxication assault charge, you will be surprised that there is always a way to fight back. In order to achieve the vest outcome, you need a criminal defense attorney that handles DWI cases.

Jeff C. Kennedy is a skilled and experienced criminal defense attorney. He knows how to build a defense around the specifics of your case, with a goal of keeping the charge off your record, reducing the charges, having your case dismissed, and avoiding jail time.

Here are a few ways he can help you fight these charges:

• Even though you were driving while intoxicated, you weren’t responsible for the crash.
• The police violated your rights.
• There is reasonable doubt about the seriousness of the victim’s injuries.
• The blood or breath test was not accurate.
• Your blood alcohol content was under the legal limit at the time of the wreck but continued to rise after your arrest.

Call An Attorney Experienced in Intoxication Assault Charges For Help Now!

The state of Texas, and especially Tarrant County take a very harsh stance on drunk driving. Prosecutors are even more likely to become invested in seeing you convicted if a person has been seriously or fatally injured. They will likely charge you with intoxication assault and may not even consider any plea deals.

That’s why it’s important to contact a Jeff C. Kennedy for a free case review. You can bet the prosecutor will use all the state’s resources he or she can to convict you, and you are likely going to need a legal team of your own to defend you.

Call 817-605-1010 or complete the form below to schedule a consultation with us.