Intoxication Assault Attorney in Rockwall, Texas

Any kind of criminal accusation can be frustrating—but if you’ve been accused of Intoxication Assault in the state of Texas, the situation can feel even more overwhelming. One single night—one single charge—can impact the rest of your life. But remember: during this time, you have rights. An attorney can help you protect these rights. 

As a DWI defense attorney, I understand the fear, confusion, and anxiety that come with these kinds of situations. That’s why I offer dedicated guidance and compassionate advocacy when you need it the most. No matter where you live in Texas—including Dallas, Collin, Hunt, and Kaufman—I’m ready to stand on your side and help you defend your future. Reach out to The Law Office of Justin K. Hall P.C. in Rockwall, Texas to set up a consultation. 

What Is Intoxication Assault?

Intoxication Assault is a serious criminal charge here in Texas. It’s important to understand what kinds of actions constitute this crime. Intoxication Assault is defined under Penal Code Section 49.07, as occurring when an individual, due to their intoxication from alcohol, drugs, or a combination of both, operates a motor vehicle in a public place, and by reason of that intoxication, causes serious bodily injury to another person. This definition might sound complex, so let’s clarify some terms:  

1. Intoxication: This refers to a state where you lack normal use of your mental or physical faculties due to alcohol, drugs, or a combination of both. It's not limited to just alcohol-related cases; it includes drug-related intoxication, too. 

2. Operating a Motor Vehicle in a Public Place: Simply put, it means driving any motorized vehicle in an area that's open to the public, such as roads, highways, and parking lots. 

3. Serious Bodily Injury: This term covers injuries that are significant and may cause long-term or permanent damage to the victim. It's not limited to only physical or visible harm. 

4. Causing Injury by Reason of Intoxication: This is the critical part. To be charged with Intoxication Assault, it must be proven that your intoxication was the direct cause of the serious bodily injury to another person. 

If you’ve been accused of Intoxication Assault in Texas, it’s important to contact an attorney who has dealt with these kinds of cases before.

Penalties for Intoxication Assault in Texas

The state of Texas takes Intoxication Assault very seriously, and the penalties can be severe. If convicted, you could potentially face: 

• Criminal Charges: You could be charged with a third-degree felony, which carries a punishment range of 2 to 10 years in prison and a fine of up to $10,000. 

• Driver's License Suspension: A conviction typically results in a driver's license suspension, which can range from 180 days to 2 years. 

• Ignition Interlock Device (IID): After a conviction, you could be required to install an IID on your vehicle. 

• Probation: You might be placed on probation, with strict conditions, including mandatory alcohol education and rehabilitation programs. 

• Criminal Record: A conviction will result in a permanent criminal record that can impact your future job prospects and personal life. 

• Civil Liability: You may also be liable for civil damages to the victim, which can result in substantial financial consequences. 

• Enhanced Penalties: If the victim is a firefighter, peace officer, or emergency medical personnel, the charges and penalties can be even more severe. 

Keep in mind that each case is unique. The specific penalties you might face will vary based on the circumstances surrounding the incident, such as the severity of the injuries, your prior criminal history, and other factors. 

So, how can a lawyer help defend you against these potential consequences? 

Proving (And Defending Against) Intoxication Assault

To secure a conviction for Intoxication Assault, the prosecution must establish five essential elements of the offense. These elements generally correspond with the terms from the Penal Code defined earlier, providing a roadmap for your lawyer to challenge the case. They are: 

1. Intoxication: The prosecution must prove that you were intoxicated at the time of the incident. This is usually established through blood or breath test results, field sobriety tests, or witness statements. 

2. Operation of a Motor Vehicle: Were you operating a motor vehicle in a public place at the time of the incident? The prosecution must prove that you were. Evidence may include eyewitness accounts or surveillance footage. 

3. Serious Bodily Injury: The victim must have suffered a serious bodily injury as a direct result of the accident. Medical records and expert testimony could be used to demonstrate the extent of the injuries. 

4. Causation: The prosecution must demonstrate a direct link between your intoxication and the serious bodily injury. Your defense attorney may challenge this element by raising doubts about causation. 

5. Recklessness or Negligence: The prosecution needs to show that you acted recklessly or negligently by driving while intoxicated. Your attorney may counter this by presenting evidence of responsible behavior, lack of intent, or errors in the investigation itself. 

Although every case is different, these elements typically form the foundation of your defense strategy. 

The Importance of Legal Counsel

If you've been charged with Intoxication Assault or any other DWI-related crime, you might be tempted to navigate the legal process on your own. This would not be wise. Reach out to an attorney instead. A knowledgeable criminal defense attorney on your side can greatly increase your chances of a favorable outcome. 

Allow a lawyer to review evidence, negotiate with prosecutors, and build a solid defense strategy tailored to your goals. Allow a lawyer to ensure that your rights are protected and your case treated fairly. Above all, allow a lawyer to stand in your corner and fight on your side throughout the entire legal process, from start to finish.