Intoxication Assault

In Texas, the crime of intoxication assault is charged as a third-degree felony which comes with not less than 30 days in jail. The offense can be charged as a second degree felony under Section 49.09(1-B) and 49.09(b-4) if the victim of the intoxication assault case was a peace officer, firefighter, EMT personnel, or if the victim suffered serious bodily injury in the nature of a brain injury resulting in a persistent vegetative state.

Intoxication assault crimes can involve serious bodily injuries to the driver of another vehicle, the passenger in any vehicle, a bicyclist or a pedestrian. The prosecutor must prove, in these cases, that the defendant's intoxication actually caused the serious bodily injury.

Attorney for Intoxication Assault in Fort Worth, TX

If you were charged with intoxication assault, then contact an experienced criminal defense attorney at Law Offices of Richard C. McConathy in Fort Worth, Texas. Our attorneys fight a wide variety of serious DWI cases including a second or third DWI, felony DWI, DWI with an open container, intoxication assault or intoxication manslaughter.

Call (817) 422-5350 to discuss any intoxication assault case pending against you in Tarrant County, TX. Call for a free consultation today.


Penalties for Intoxication Assault in Texas under Section 49.07

The minimum mandatory penalties that must be imposed by the judge after a conviction for the third-degree felony crime of intoxication assault under Section 49.07 include at least ten (30) days in jail under CCP Art. 42.12 Section 13(a)(1). The following community supervision conditions must also be imposed including:

  • a drug and alcohol evaluation and rehabilitation under CCP Art. 42.12 Section 13(a)() and 13(f);
  • a requirement that the defendant must pay the costs of the rehabilitation program as required by CCP Art. 42.12 Section 13(d);
  • an ignition interlock device must be placed in the vehicle as required by CCP Art. 42.12 Section 13(j); and
  • the completion of an alcohol education program as required by CCP Art. 42.12 Section 13(h).

The crime is a second-degree felony if it is also proven that either:

  • the victim suffered a serious bodily injury in the nature of a brain injury resulting in a persistent vegetative state; or
  • the victim in the intoxication assault case was a peace officer, firefighter, or EMT personnel.

The new enhancement for intoxication assault cases involving a serious bodily injury that results in a persistent vegetative state apply to offenses committed after September 1, 2011.


Finding a Lawyer for Intoxication Assault in Tarrant County, TX

If you were charged with intoxication assault after an arrest in Tarrant County, TX, then contact an experienced criminal defense lawyer in Fort Worth, TX, at Law Offices of Richard C. McConathy. Call us for a free consultation to learn more about the criminal charges pending against you, the statutory maximum and minimum penalties that result from a conviction, and ways to fight the case using the most aggressive defense possible. 

Call (817) 422-5350 to speak to an experienced Fort Worth DWI defense attorney today. Let us put our experience to work for you. We can begin your defense today.


This article was last updated on Friday, April 28, 2017.