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An intoxication assault charge in the state of Texas should be handled with care. Conviction could result in a prison sentence, financial penalties and the loss of driving privileges. A skilled intoxicated assault lawyer in Houston can protect the legal rights of a defendant and challenge the validity of the available evidence.
Call the Law Office of Shahin Zamir for a free case evaluation: 713-223-8900.
Assault while intoxicated isn’t easy to prove in a court of law. An intoxication assault attorney is often able to undermine the case of the prosecution. The prosecution must prove that a defendant caused serious bodily injury to another person while driving in a state of intoxication. 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 an intoxicated driver accidentally causes a death, the charge will be intoxication manslaughter.
Assault while intoxicated with the use of a vehicle is a serious criminal charge. 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. The Texas Penal Code prevents a judge from sentencing a defendant to probation in such cases. These are referred to as “3g crimes” in legal circles.
It’s not as easy to prove that a driver was intoxicated as one might think. Many defendants wrongly assume that the result of a blood alcohol content (BAC) test is conclusive. The decision to make a DUI or DWI arrest is quite subjective. It’s much more difficult for the state to obtain a conviction. There’s little doubt that a knowledgeable criminal defense attorney can make a huge difference in an intoxication assault case.
The prosecution must prove beyond a reasonable doubt that a defendant was intoxicated when the accident occurred. This is the highest evidentiary standard in the state of Texas. When a suspect is arrested, it does not necessarily mean that they are guilty under Texas law. Quite simply, blood and breath specimens may not be a quality indicator of a defendant’s BAC when the accident occurred. It is well-known that an individual’s blood alcohol content will continue to rise for 90 minutes after the last drink.
An intoxication assault charge can devastate a defendant’s life, family and career.
Speak with Houston criminal defense attorney Shahin Zamir by calling 713-223-8900 to schedule a complimentary consultation.