Defenses in Intoxication Assault Cases

In Texas, intoxication assault is considered a third-degree felony. If you are driving while intoxicated (DWI) and it results in causing harm to the other person and they get serious injuries, it is intoxication assault. 

Mainly, if such acts result in severe injuries to the other person, the case is not going to be easy. Judges can get harsh in such cases. Such accidents can have a significant impact on the victim and their family. Therefore, the state will use different resources to prosecute the perpetrator.

Consequently, you will need a highly trained and experienced DWI attorney for legal advice. The charges against you must be dealt with aggressively to get through. Only a skilled attorney can do some good in such cases. 

Bodily severe injuries are when the victim’s organ loses function, or there is an impairment in any part of the body. This is how Texas law puts it. Sometimes, charges of intoxication assault are present even during the time of the accident, when injuries don’t seem so serious. It would help if you know someone highly knowledgeable and well-versed in Texas laws. 

What is The Penalty Range in Case of Intoxication Assault?

There can be imprisonment anywhere from two to ten years, depending on the accident’s severity. Furthermore, the person might also get charged with ten thousand dollars; it might be a little less sometimes, but it cannot be more. In addition to that, your license will also get suspended. 

What does Proving DWI Involve?

To prove DWI, the state must show that the person who committed the crime is guilty. If the prosecutor fails to do so, the DWI will not be proven even when the accident did take place and resulted in injuries. 

Findings can be completed if the accused is proven to be intoxicated while driving his vehicle in a public place. Intoxication here does not necessarily mean alcohol; it can be a drug or any substance that causes impairment in the ability to make sound judgments while driving. 

There is a legal definition for intoxication, which is considered when discussing such cases. It is simply because the person might not feel as though they were even intoxicated and may consider themselves as sober. 

What does Proving the Element of Causation Involve?

It is not so simple proving DWI; the prosecutor will also have to prove that the defendant’s intoxication was the direct cause of the accident and not some other factor. The state needs to prove that if it were not for the intoxication, the victim party would not have sustained the severe injury. 

Therefore, there is a need to collect enough evidence and information to prove the person guilty. The defendant also gets to prove his innocence by hiring a defense lawyer. The defense lawyer fights the case from the defendant’s side. 

However, proving the defendant innocent will take a lot of skills and experience. The judge would already be aggressive if the resultant injuries were severe. If the lawyer is not skilled enough, you, as a defendant, will likely lose the case. 

How will the Attorney Defend Intoxication Assault?

There are many strategies that a skilled attorney can employ to fight against the other party. Your attorney can prove that you were “legally” intoxicated when the accident took place. However, the whole process discussed earlier will not be easy. 

Intoxication Defense in Criminal Law Cases

You might want to know about different types of intoxication cases when dealing with an intoxication assault case. You can take the right course of action based on the seriousness of your case. So, here are different ways you can defend yourself when faced with an intoxication assault case.

Involuntary Intoxication

If you become intoxicated without knowing it, then you fall under involuntary intoxication. For example, if someone tricks you into drinking something containing drugs or alcohol, then your toxication is involuntary. Additionally, you might have an allergic reaction to a medication leading to toxication, which might fall under this category of defense.

When you voluntarily did not take part in such a situation, then you can consider involuntary intoxication defense. If you commit an assault when you are in this condition then you can defend yourself with an involuntary intoxication defense.

This way, you can defend your actions in court. Furthermore, you can show how there was no intent of causing harm to the other person and defend yourself. You cannot decide right from wrong when toxicated because your mind doesn’t function properly. So, you can argue that your nature of action wasn’t in your control for that particular period.

Voluntary Intoxication

Did you assault someone when you were in an intoxicated state? Were you voluntarily drinking before this incident occurred, then it is much harder to fight your case. When you assault someone in toxication state, it is consider an intentional crime. In some cases, you can use voluntary intoxication defense; however, even in these situations, juries deny this kind of defense. 

However, if there was no intent to cause harm when the assault took place, then the voluntary intoxication defense might work. If someone provoked you and attracted you first, which led to an assault in your intoxicated state, then voluntary defense can work. 

For example, you face a burglar in your house in toxication state and tried defending yourself that resulted in an assault on the thief. In this case, your inability to form a motive to assault someone decreases when you provide voluntary intoxication debate.

However, in some cases, your voluntary defense might not remove your liability for the crime but instead reduce your overall responsibility.

Take the Right Action

Defense becomes mandatory in DWI. That is your only chance to prove yourself innocent. Make sure you hire someone competent enough and who can help you throughout the process. Many online firms provide such services; contact them and explore your options. So, you must take the right course of action to present your defense for your intoxication assault case.

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