Intoxication Assault Defense in Galveston, Harris, and Brazoria County
What if I’m charged with Intoxication Assault or Intoxication Manslaughter?
If you are charged with Intoxication Assault or Intoxication Manslaughter, it is crucial to promptly seek the assistance of a skilled and aggressive criminal defense attorney. Facing a serious felony case with the potential for imprisonment, it is important to have an experienced Intoxication Assault Defense Attorney who specializes in driving while intoxicated cases.
What is Intoxication Assault?
Intoxication Assault, as defined by Texas Penal Code Section 49.07 of the law, occurs when a person, due to intoxication, accidentally causes serious bodily injury to another while operating an aircraft, watercraft, amusement ride, or motor vehicle in a public place. Serious bodily injury refers to an injury that poses a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of bodily function. An offense under this section is classified as a third-degree felony, punishable by up to 10 years in prison, a fine of up to $10,000, and potential community service of up to 600 hours.
Are all car accident cases with injuries considered Intoxication Assault?
No, in order to establish an Intoxication Assault case, the prosecutors must prove that the injuries sustained by the other person meet the criteria of serious bodily injury. This means the injuries must pose a significant risk of death or result in serious permanent disfigurement or protracted loss or impairment of bodily function. In some instances, charges may be upgraded to Intoxication Assault if the injuries are more severe than initially believed.
What are the defenses in an Intoxication Assault or Manslaughter case?
In most cases of Intoxication Assault in Galveston, Harris, and Brazoria counties, there is usually a significant car crash involved. The defense strategy involves examining the integrity of the investigation, the results of any standardized field sobriety tests, and the analysis of breath or blood samples. Often, shortcuts are taken during the chaotic crash scene investigation. Merely detecting the odor of alcohol can trigger a police investigation. If a blood drawn warrant was issued, there are additional considerations and strengths and weaknesses that should be discussed with an attorney trained in blood case defense. Attorney Dan Krieger, with extensive training in blood testing defense, can provide valuable insights. Other defenses may include causation, lack of serious bodily injury, and jurisdictional issues that may arise in Intoxication Assault cases.