An intoxication assault attorney is often able to undermine the case of the prosecution. Email. Because the crime does not require an intent to harm anyone, you can be charged with Intoxication Assault even if … There are many ways to approach this kind of charge. Intoxication Manslaughter. Common Defense Strategies Against Intoxication Assault Charges. One other bicyclist suffered from bruises and fractures, but is expected to recover. Intoxication assault is also called DWI with Serious Bodily Injury in the state of Texas. If you need help with the Public File, call 210-351-1241. We offer experienced Fort Worth DWI attorneys and former Tarrant County prosecutors to help with your intoxication assault charge. Speak with Houston criminal defense attorney Shahin Zamir by calling 713-223-8900 to schedule a complimentary consultation. This is true regardless of whether the plane is private or commercial. A 60-year-old Alton man remains jailed on $225,000 in bonds over allegations he drove drunk and caused a three-vehicle crash that sent four people to the hospital. An offense for intoxication assault is a felony of the third degree. There’s little doubt that a knowledgeable criminal defense attorney can make a huge difference in an intoxication assault case. Penal Code Ann. The prosecutor can also pursue these charges if you cause an injury accident when boating while intoxicated (BWI). According to police, the driver of the second vehicle was transported to an area hospital in “critical condition.” The passenger in that same vehicle was also transported to an area hospital with non-life-threatening injuries. Dallas Intoxication Assault. Two people are now hospitalized following a three-vehicle collision on the city’s Northwest Side, San Antonio police said on Monday. 49.07. Intoxication assault and manslaughter are vigorously prosecuted, and law enforcement often presumes that the accident was caused by the person who was drinking. These are referred to as “3g crimes” in legal circles. What is “intoxication assault” in Texas? Although the minimum sentence for an intoxication assault conviction in Rockwall is two years in prison, you could potentially spend two decades behind bars, depending on the circumstances of your case. The parked car that was involved in the incident was occupied, but the passengers in the vehicle were not transported to an area hospital, according to police. Penalties for Intoxication Assault in Texas. The prosecution must prove beyond a reasonable doubt that a defendant was intoxicated when the accident occurred. @ 2020 by Shahin Zamir, All rights reserved. (Copyright 2020 by KSAT - All rights reserved. A skilled intoxicated assault lawyer in Houston can protect the legal rights of a defendant and challenge the validity of the available evidence. Intoxication assault can occur if an individual who is intoxicated operates a motor vehicle on a public road and causes serious bodily injury to another person as a result of the intoxication, according to Tex. Alcohol Crimes Alcohol plays a role in the commission of countless crimes otherwise not considered "alcohol-related." Intoxication Assault or Manslaughter If you were drinking and driving and caused injury or death to another person, you may be charged with intoxication assault or manslaughter. Depending on a defendant’s previous criminal record and other pending charges, the following range of penalties are available to prosecutors in the state of Texas: The exhibition or use of a deadly weapon to cause death or bodily injury is different than many other criminal charges. 713-223-8901 According to police, a truck was traveling south on Benrus Boulevard and hit another vehicle— causing it to hit a parked vehicle during the collision. Depending on the circumstances, you and your lawyer could argue: Improper testing or handling of tests influenced the results of the test; Prescription medication influenced the results of the test Intoxication assault charges may also increase in severity under certain aggravating circumstances. Assault while intoxicated isn’t easy to prove in a court of law. Being Convicted of Intoxication Assault - If you are convicted of Intoxication Assault in the state of Texas, you could be sentenced to prison for a period of two years to ten years, and face a fine as large as $10,000. The driver of the truck was detained under the suspicion of driving under the influence of alcohol, police said. Police say Landin was speeding and driving on the wrong side of the roadway when he T-boned another driver and sent that vehicle into a parked car. Many defendants wrongly assume that the result of a blood alcohol content (BAC) test is conclusive. When an intoxicated driver accidentally causes a death, the charge will be intoxication manslaughter. Speaking with legal counsel can help you unpack the different charges and potential punishments associated. Assault while intoxicated with the use of a vehicle is a serious criminal charge. An intoxication assault is basically an assault that occurred while the accused was drunk driving, either in a car or on a watercraft or boat in most cases. Man facing intoxication assault charges after multi-vehicle collision on West Side, police say Police identified Carlos Landin, 50, as the driver in the crash Jakob Rodriguez , Digital Journalist Tel. Intoxication Assault, also known as DWI with Serious Bodily Injury, in Houston, Texas DWI v. Intoxication Assault. Contesting Charges of Intoxication Assault DALLAS - A 25-year-old man has been charged with intoxication assault after police said he struck three people and crashed into their disabled vehicle on I … Causing serious injury means that a victim’s life was placed at substantial risk, or they suffered the loss of a body organ or part. When a suspect is arrested, it does not necessarily mean that they are guilty under Texas law. If your offense was enhanced, your prison sentences could be from two years to twenty years, and the fine can be as large as $10,000. He's a graduate of Texas State University, where he served as the editor-in-chief of the student-run newspaper, The University Star. INTOXICATION ASSAULT. Carlos Landin, 50, image courtesy of SAPD. Houston criminal defense attorney Shahin Zamir, Third-degree felony: Up to ten years in a state penitentiary and a fine of no more than $10,000. An intoxication assault charge in the state of Texas should be handled with care. It does not matter whether the person injured was a pedestrian, a passenger in another vehicle, or a passenger in your own car. For people who are confronted with charges related to intoxication assault or intoxication manslaughter, the penalties can be life-changing. Upon arrest, the 50-year-old woman she showed signs of intoxication. Intoxication Assault is classified as a felony DWI Third Degree. Intoxication assault is a third degree felony, and carries a range of punishment of two years and 10 years of prison time, and a maximum fine of up to $10,000 fine. A pilot who flies a plane or helicopter while drunk or drugged can face intoxication assault charges if they cause an accident which results in another party suffering serious injuries. It consists of causing serious bodily injury to another person when driving while intoxicated. An intoxication assault charge in the state of Texas should be handled with care. The incident happened near the intersection of Bartmer Avenue and Benrus Boulevard. szamir@tiltonzamir.com. Contact the Law Offices of Sam H. Lock at 888-726-5625 for a free consultation. Houston, TX 77055 But four offenses in particular - driving under the influence (DUI), minor in possession of alcohol, open container and public intoxication - are directly referred to as alcohol-related crimes. Quite simply, blood and breath specimens may not be a quality indicator of a defendant’s BAC when the accident occurred. Related: Man accused of drinking and driving crashes car into dividers along Loop 410, Castle Hills police say. Intoxication Assault Penalties. The prosecution must prove that a defendant caused serious bodily injury to another person while driving in a state of intoxication. § 49.07. A … It is well-known that an individual’s blood alcohol content will continue to rise for 90 minutes after the last drink. Intoxication assault is a third-degree felony charge in Texas. For instance, a felony can get to a second degree … Intoxication Assault & Manslaughter Texas DWI Accident Lawyer. Alton police arrested Jose Guadalupe Cerda on Nov. 12 and charged him with three counts of accident involving injury and three counts of intoxication assault. Intoxication Assault Defined. Intoxication assault is a felony of the third degree, punishable by 2 to 10 years in prison, and a possible fine not to exceed $10,000 under Sec. Copyright 2021 by KSAT - All rights reserved. Intoxication Assault Charges Defense Houston Intoxicated Assault Lawyer – Shahin Zamir. The charge of intoxication assault is set forth in Section 49.07 of the Texas Penal Code.The offense, as it applies to drivers of cars, trucks, and other motor vehicles, requires that the vehicle be driven in a “public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.” Intoxication assault is a serious charge that can be compounded by various DWI related charges, elevations, and penalties. Drunk driving charges are one thing. An intoxication assault charge can devastate a defendant’s life, family and career. The report shows that she struck a group of five bicyclists, leading to the death of one. 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