Fort Worth Intoxication Assault Defense Attorney

Have you been charged with intoxication assault in Fort Worth? Call a Fort Worth intoxication assault attorney who can defend you against this serious charge.

First-time drunk driving incidents are usually charged as misdemeanors, but there are some factors that will shoot your DWI right up to the felony level. One of those factors is if you’ve caused serious bodily injury to another person because you were driving while intoxicated.

Intoxication assault is a third-degree felony in Texas, and judges and prosecutors don’t look kindly on those who have injured someone because they chose to drink and drive. If you’ve been charged with this crime, contact a Fort Worth intoxication assault lawyer immediately. The minimum term of imprisonment for this offense is two years.

 Intoxication Assault Is A 3rd Degree Felony in Fort Worth

 If you’re convicted of intoxication assault in Fort Worth / Tarrant County, you will be required to serve time in prison. You could receive anywhere between two and ten years behind bars, depending on the specifics of your case. Aggravating factors that could increase your imprisonment include the following:

• 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.”

Penalties for Intoxication Assault Charges 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

Defending Fort Worth Intoxication Assault Convictions. 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 may need some help. The first thing you need to remember is not to speak with the police without a lawyer present. They can use your statements against you, and they will.

Although you may think there is no defense against a Fort Worth intoxication assault charge, you’d be surprised. There is always a way to fight a conviction, but you need to have the legal know-how to do so. Here are a few of the defenses your attorney could use to keep a conviction of intoxication assault off of your criminal record:

• 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.

A Fort Worth Intoxication Assault Attorney Can Help

The state of Texas takes 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 Fort Worth intoxication assault lawyer from the Law Offices of Jeff C. Kennedy. 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.