Intoxication Assault is a grave offense involving operating a vehicle while under the effects of alcohol and/or drugs and then causing considerable bodily harm to another person. It is a serious felony offense under Texas law, one that can easily stem from a DWI charge.
Intoxication Assault vs. Aggravated Assault
Both involve causing bodily harm against someone, but with key differences between the two laws. By understanding the details that separate these two types of offenses, it will be much easier to be conscious of the possible consequences. However, while it is easy to read up on the differences, it would still be advisable to ask our lawyers for assistance. Here are three differences between intoxicated assault and aggravated assault.
Involves a Vehicle or a Machine
The first difference is the involvement of a vehicle or badly prepared entertainment machine (like an amusement park ride) that caused the injury. If said vehicle was used with intent to harm someone intentionally, it would be aggravated assault.
Difference in Intent
The second difference is intent. Intoxication assault does not require intent as it happens as an accident. It becomes aggravated assault when there is actual intent to harm someone on purpose with our without a vehicle.
Involves Drug or Alcohol Intoxication
The third and crucial difference is intoxication by drug or alcohol consumption being the cause of the accident. Intoxication takes center stage in an intoxication assault charge, while it doesn’t for aggravated assault.
Penalties of Intoxication Assault
Intoxication assault is a felony of the third degree, meaning a person who is charged and found guilty will find themselves serving time in jail and paying fines. In addition, as intoxication assault is related to DWI (driving while intoxicated), a person may have to pay additional fines or recieve additional penalties. Below are examples of penalties for an intoxication assault conviction.
Face Jail Time
An intoxication assault conviction carries a minimum of two years of jail time, to a maximum of 10 years. If given a probation sentence, the convicted person will have to spend 30 days in jail.
If found guilty for intoxication assault, a fine of up to $10,000 will be given to the convicted. Additional fines may be given depending on any additional charges made in addition to DWI or intoxication assault.
Depending on various factors, a person convicted of intoxication assault will either lose or have reduced driving privileges, and will be required to go through outpatient rehab to remove their drinking/drug habit.
There is more to intoxication assault that cannot be covered quickly and completely, such as possible causes and ways to recover. Precision Recovery can help you understand the process of intoxication, why you may have developed a habit, and what you can do to remove the habit. If you are a DWI offender or someone who would like to be aware, you can contact us about our DWI recovery program.