Dallas Intoxication Assault Attorneys
Have you been charged with intoxication assault? If you are convicted of such a charge, you may face substantial penalties. The penalties may include monetary fines or imprisonment, or both.
Under Texas law, an intoxication assault is when serious injuries are inflicted on another individual while driving drunk. Intoxication assault charges are often prosecuted aggressively in Dallas because of the potentially great harm that could have resulted, even when the actual bodily injuries of the victim were minor. There is a great social stigma against drunk driving, but the Dallas attorneys of the Law Offices of Mark T. Lassiter do not believe this should affect your case.
If you are facing intoxication assault charges in Dallas, it could be crucial to the outcome of your case to enlist the assistance of an experienced criminal defense team as early on in the process as possible. Our Dallas intoxication assault attorneys at the Law Offices of Mark T. Lassiter believe everyone needs the best defense possible and are dedicated to representing clients like you against these charges.
Contact Law Offices of Mark T. Lassiter at (214) 845-7007 to have qualified legal representation guide you through the criminal justice system.
Do I Need a Dallas Intoxication Assault Defense Attorney?
Texas law defines intoxication assault as causing serious bodily injury to another when operating a motor vehicle, watercraft, aircraft, amusement ride, or assembling a mobile amusement ride while intoxicated. The statute defines intoxication as physical and/or mental impairment resulting from the ingestion of one or more of the following:
- Alcohol – under the law, one is presumed to be intoxicated if their blood alcohol level is .08 or greater. It doesn’t matter if you do not feel intoxicated.
- Controlled substance
- Drugs; or
- Dangerous drugs
Even if you only took medication that a physician prescribed for you if the medication affected you physically or mentally, you may meet the legal definition of intoxicated.
The courts take a charge of intoxication assault seriously, and so should you. In Texas, intoxication assault is a third-degree felony. The criminal justice system can be confusing and intimidating and facing any criminal charge is scary. If you’re convicted of a charge of intoxication assault, you may face incarceration in a state penitentiary. Imprisonment can affect your job, your family, and your reputation. A charge of intoxication assault may very well change your life. Well-qualified legal representation may lessen the impact a charge of intoxication assault might have on your life.
The United States Constitution gives you certain rights. A knowledgeable attorney understands the value of these rights and will help to preserve them. Having an attorney represent you means there is someone who has your best interests in mind to speak for you. They can talk to the police, to the prosecution, and even to the judge on your behalf. An experienced attorney knows what to say and, more importantly, what not to say.
Depending on the unique facts of your case, a skilled attorney may be able to get your charges reduced or even possibly dropped. Your attorney may be able to negotiate with the prosecuting attorney and get a favorable plea deal for you. Even if you are found guilty of intoxication assault, the statute provides the judge with a great deal of discretion with respect to sentencing. If you have legal representation, you may receive a more lenient sentence than if you do not have an attorney representing you.
There is always the possibility that the injured victim may succumb to their injuries. If that happens, the prosecution may amend the complaint, and you may now face the much more serious charge of intoxication manslaughter. Because of the more serious nature of this crime, the potential penalties are greater. Should this horrible turn of events take place, it is even more important to have a well-qualified attorney represent you from the beginning of your journey through the criminal justice system.
Why Choose Law Offices of Mark T. Lassiter to Represent You?
Mark T. Lassiter worked as a prosecuting attorney for the Dallas County district attorney’s office. In that role, he prosecuted numerous defendants for intoxication assault. He will use his knowledge and experience to zealously represent you. Mr. Lassiter will use his excellent negotiation skills to try to get the charges you are facing dropped or reduced. If you are convicted, he can try to minimize any penalty that you are given. He can also try to get any record of conviction for intoxication assault expunged so that your conviction does not negatively impact the remainder of your life.
Mr. Lassiter has been recognized as a Texas Super Lawyer. He has also been named one of the top 100 trial lawyers. He is admitted to practice in both Texas state court and in federal court.
Types of Intoxication Assault Cases We Handle
Intoxication assault occurs when your operation of a motor vehicle, watercraft, aircraft, amusement ride, or mobile amusement ride while intoxicated results in the serious bodily injury of another. The fact that you didn’t mean to hurt anyone doesn’t matter. The law defines serious bodily injury as an injury that results in a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of any organ or bodily member.
Under Texas Penal Law, intoxication assault without aggravating circumstances is a third-degree felony. If there are aggravating circumstances, you may be charged with a second-degree felony. If you have been charged with a second-degree felony, you may face stiffer penalties, should you be convicted. Aggravating circumstances exist when your actions caused serious bodily injury to a law enforcement officer or an emergency medical services provider or a firefighter during the course of their official duties. Aggravating circumstances also exist when the serious bodily injury to another causes traumatic brain injury that results in a persistent vegetative state for the victim.
Law Offices of Mark T. Lassiter will use its resources to investigate the circumstances of the accident. We will also review the police reports and hospital records and interview witnesses to determine what happened. Our investigation will shed light on the most important question: does the evidence even support a charge of intoxication assault? Even if the evidence supports such a charge, we may be able to argue to get the charges reduced or obtain a lesser penalty.
Penalties For Intoxication Assault
Intoxication assault convictions in Dallas are typically considered a felony, but the defendant may be charged with a second or third-degree felony conviction depending on the severity of the injuries inflicted upon the victim. If you were driving while under the influence in Dallas, inadvertently injured another individual, and are now fighting the legal repercussions, you may want to familiarize yourself with the penalties that accompany this conviction. Penalties may include:
- A minimum of 2 years in Texas state prison (excluding the DWI charge). You may be sentenced to as much as ten years for third-degree intoxication assault and as much as 20 years for second-degree intoxication assault
- Up to a $10,000 fine
- Up to 1,000 hours of mandatory community service
- Suspension or revocation of your driver’s license
- Mandatory installation of an interlock ignition device to check your sobriety before driving
Other penalties and/or costs that you may incur if you are convicted of intoxication assault include:
- Administrative and court fees
- Mandatory attendance at a DWI education class
- Required Drug or Alcohol Assessment
- Random drug or alcohol testing
- Mandatory alcohol or drug treatment program
- The Texas Department of Public Safety may impose a Driver Responsibility Surcharge of $1,000 to $2,000 per year for three years
- Expensive SR-22 insurance
- Loss of the right to vote or own a gun due to a felony conviction on your record
The repercussions of intoxication assault in Dallas are extensive and long-lasting for the accused. Luckily, the Dallas intoxication assault attorneys at the Law Offices of Mark T. Lassiter are experienced in criminal defense and will aggressively fight to justify your case and decrease the charges you have received.
Contact a Dallas Intoxication Assault Attorney
We want to support our Dallas clients as best we can, and we won’t stop fighting their case until we have reaching the best possible solution. If you are facing an intoxication assault conviction and need experienced legal assistance, contact the qualified Dallas DWI defense at the Law Offices of Mark T. Lassiter today by calling (214) 845-7007.