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Intoxication Assault

Houston Intoxicated Assault Lawyer – Shahin Zamir

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.

What is Intoxication Assault?

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.

Intoxication Assault Penalties

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:

  • Third-degree felony: Up to ten years in a state penitentiary and a fine of no more than $10,000
  • Second-degree felony: Between two and 20 years in prison and a fine of no more than $10,000

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.

Intoxicated Assault Defense

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.

Contact an Intoxicated Assault Attorney in Houston, TX

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.