Texas Intoxication Manslaughter Attorney
As a motorist, being involved in an accident after consuming alcohol is a serious offense in Texas. Classed as a felony offense, individuals convicted of an intoxication assault will get severe penalties. During trials, you are fighting against the state, and there must be a convincing proof from them that you have caused a bodily injury to another person while driving under the influence of alcohol. The accident, in this case, must be as a direct result of your intoxication.
Without the service of an experienced defense attorney, an offender can still be charged whether the accident is a mistake or a direct result of alcohol consumption. Carl Ceder is a Texas DWI Defense attorney that will help you study your case and come up with a defense for you. There are processes and mitigating factors that a defense attorney will identify to make sure that your intoxication assault charge will be dismissed or not severe.
INTOXICATION ASSAULT ACCORDING TO THE TEXAS PENAL CODE
The law for Intoxication Assault in Texas according to Section 49.07 of the Texas Penal Code, states, in relevant part, the following –
(a) A person commits an offense if the person, by accident or mistake:
1. While operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while drunk, because of that intoxication causes serious bodily injury to another; or
2. As a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
(b) In this section, “serious bodily injury” means harm that creates a substantial risk of death or that causes severe permanent disfigurement or protracted loss or impairment of the function of any bodily part or organ.
(c) An offense under this section is a felony of the third degree.
INTOXICATION ASSAULT: 3RD DEGREE FELONY (TEXAS PENAL CODE SECTION 12.34)
The potential range of punishment: Imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, and or a possible fine not to exceed $10,000.00 (Statute: Texas Penal Code: Section 49.07). If you are convicted of Intoxication Assault in Texas, you may be granted probation (if there is not an additional charge of Deadly Weapon). This means that your vehicle could be classified as a Deadly Weapon depending on the nature of the accident. It does not say that you were carrying a gun, a club or a knife. It is a method of the state to increase the seriousness of your case, making it legally impossible for probation to be an option. If there is no Deadly Weapon charge, your punishment may be conditional with a minimum of a 30-day jail term or confinement.
SERIOUS BODILY INJURY
Texas law states that a serious bodily injury is one that causes impairment or loss to any body part or organ permanently or for an extended period. Or it is an injury that causes the death of a person. Often, this bodily injury may not be noticeable immediately after an intoxication assault accident, the alleged offender during the cause of the crash can still be charged at a later date of the injury appearance. The defense attorney has to prove to the judge or jury beyond reasonable doubt that the injury is caused as a result of the prior accident.
POSSIBLE DEFENSE – CAUSATION
Under Section 49.07 of the Texas Penal Code “person commits the offense of intoxication assault if, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication he causes serious bodily injury to another. Under Section 49.01(2)of the Texas Penal Code “a person is intoxicated if he does not have the normal use of his mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or by having an alcohol concentration of 0.08 or more.
Under Section 6.04 of the Texas Penal Code defines causation by indicating how “a person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.”
To prove causation for intoxication assault, the State is required NOT ONLY to prove the defendant’s intoxication, but also that the accident was a proximate cause of the intoxication, and not by something else. In many of these cases such as this, the State may have trouble proving this causal element required. In other words, it may be clear the person was legally intoxicated, but it cannot be proven that the accident was the causal connection between the driver’s intoxication and the victim’s serious bodily injuries.
TEXAS PENALTIES FOR A INTOXICATION ASSAULT IN TEXAS
- The legal charge for an individual convicted of an intoxication assault is a prison sentence that ranges from 2 to 10 years and or a fine of up to $10,000.
- If the case involves the victim of the accident related to the charge of intoxication assault is a peace officer, fire-fighter, or emergency medical personnel, termed as a second-degree felony, the alleged DWI assault offender could receive a prison sentence from 2 to 20 years and or a fine up to $10,000 if convicted.
- As a first time offender of DWI assault, you could receive a driver’s license suspension from 90 days to 1 year. An offender that receives a subsequent DWI assault conviction within five years of his prior offense will have their driver’s license.
- e suspended for 90 days to 1 year plus an additional 1 year.
- Lastly, an alleged intoxication assault offender could receive community service up to 1,000 hours, installation of an interlock device, required completion of an approved alcohol or drug education program and or court costs and fees.
Contact Us Now
If you have been arrested for a charge of intoxication assault or any other DWI-related offense, then contact an experienced Dallas-Forth DWI Defense Attorney to discuss the particular facts and circumstances of your case. Attorney Carl David Ceder is available to talk with you about your charge of intoxication assault or any other DWI-related offense for representation in Dallas County, Collin County, Denton County, Tarrant County, Rockwall County, and any other surrounding areas. You can contact The Law Offices of Carl David Ceder at or assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected]. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance.