What is Intoxication Assault
Intoxication Assault is one of several intoxication related offenses recognized under Texas law, the elements of which can be found in Section 49.07 of the Texas Penal Code:
(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 intoxicated, by reason 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 injury that 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.
(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.
“Serious Bodily Injury”
To be convicted of intoxication assault, the prosecution must prove that the victim suffered a “serious bodily injury” not merely any bodily injury. “Serious bodily injury” is one that “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.” Let’s break this down: serious bodily injury can include the following:
- Substantial risk of death, such as the victim necessitating hospitalization in the ICU
- Permanent disfigurement, such as severe scarring
- Loss or impairment of any bodily member or organ, such as vision loss
You cannot be charged with intoxication assault if the victim suffered comparatively minor injuries. However, the phrase “substantial risk of death” is open to interpretation, and aggressive prosecutors may charge with intoxication assault when a lesser charge would be appropriate.
“Defendant caused injury by accident or mistake”
Like most intoxication offenses, the State is not required to prove any culpable mental state; the injury must merely be the result of an accident or mistake.
Intoxication Assault Penalties
Intoxication assault is a third-degree felony under Texas law. This means that you face the following penalties if you are convicted:
- Between two and 10 years in prison
- Fines of up to $10,000
- Loss of your driving privileges
However, intoxication assault can be enhanced under certain circumstances. For example, intoxication assault is a second-degree felony if the victim is a fire-fighter or emergency-medical-services personnel while in the discharge of an official duty. If convicted, you could face the following penalties:
- Between two and 20 years in prison
- Fines of up to $10,000
- Loss of your driving privileges
In other circumstances, intoxication assault can be enhanced to a first-degree felony. This can happen if the victim is a judge or peace officer acting in an official capacity. If convicted of first-degree intoxication assault, you could face:
- Between five years to life in prison
- Fines of up to $10,000
- Loss of your driving privileges
No matter the punishment level, you will also have a felony conviction on your public record, which could impact your future career options, your ability to buy or rent a home, and your civil rights. As a result, it is imperative that you seek help from a skilled criminal defense attorney if you have been charged with intoxication assault.
Call Barton & Associates, Attorneys At Law, PLLC Today
No one can afford to go to prison on a felony conviction. If you have been charged with intoxication assault, we can help you get a fair result. Contact us today to discuss your case and your options.
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