Police identified the driver as Carlos Landin, 50, as the driver of the vehicle involved in the crash. We offer experienced Fort Worth DWI attorneys and former Tarrant County prosecutors to help with your intoxication assault charge. The parked car that was involved in the incident was occupied, but the passengers in the vehicle were not transported to an area hospital, according to police. To protect yourself and your rights when charged with intoxication assault, contact an attorney in Fort Bend County that is experienced in intoxication assault defense. The prosecution must prove beyond a reasonable doubt that a defendant was intoxicated when the accident occurred. If you are faced with intoxication assault charges, or any other DWI or DUI offenses, consider hiring an experienced San Antonio DWI lawyer to help defend you. Intoxication assault, also known as DWI with serious bodily injury, occurs when you drive drunk and cause an accident in which another person gets hurt. Intoxication assault is also called DWI with Serious Bodily Injury in the state of Texas. Assault while intoxicated with the use of a vehicle is a serious criminal charge. A pilot who flies a plane or helicopter while drunk or drugged can face intoxication assault charges if they cause an accident which results in another party suffering serious injuries. Intoxication assault is a serious charge that can be compounded by various DWI related charges, elevations, and penalties. 49.07. Police said Erin Simms, 31, of Lewisville, was arrested on charges of intoxication manslaughter and intoxication assault charges. szamir@tiltonzamir.com. The decision to make a DUI or DWI arrest is quite subjective. Quite simply, blood and breath specimens may not be a quality indicator of a defendant’s BAC when the accident occurred. Man facing intoxication assault charges after multi-vehicle collision on West Side, police say Police identified Carlos Landin, 50, as the driver in the crash Jakob Rodriguez , Digital Journalist It consists of causing serious bodily injury to another person when driving while intoxicated. 12.34. Email. Author: Jobin Panicker Published: 6:58 PM CST December 24, 2020 The Texas Penal Code prevents a judge from sentencing a defendant to probation in such cases. (Copyright 2020 by KSAT - All rights reserved. What is “intoxication assault” in Texas? Copyright 2021 by KSAT - All rights reserved. Penal Code Ann. An offense for intoxication assault is a felony of the third degree. 713-223-8901 Intoxication assault is a felony of the third degree, punishable by 2 to 10 years in prison, and a possible fine not to exceed $10,000 under Sec. The prosecutor can also pursue these charges if you cause an injury accident when boating while intoxicated (BWI). INTOXICATION ASSAULT. 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. Intoxication Assault is classified as a felony DWI Third Degree. According to police, the driver of the second vehicle was transported to an area hospital in “critical condition.” The passenger in that same vehicle was also transported to an area hospital with non-life-threatening injuries. Assault while intoxicated isn’t easy to prove in a court of law. Intoxication Assault is a Texas offense that requires the state to prove that a person drove while intoxicated and accidentally or mistakenly injured someone. The prosecution must prove that a defendant caused serious bodily injury to another person while driving in a state of intoxication. The Texas Penal Code states that those found guilty of a third degree felony will serve a minimum of two years in prison and a maximum of 10 years and may face fines of up to $10,000. 713-223-8900 Contact the Law Offices of Sam H. Lock at 888-726-5625 for a free consultation. Free initial consultation about vehicular assault/manslaughter charges: Call 888-447-9456 or contact us online. These are referred to as “3g crimes” in legal circles. A man is facing an intoxication assault charge following a three-vehicle crash on the city’s West Side, San Antonio police say. An intoxication assault is basically an assault that occurred while the accused was drunk driving, either in a car or on a watercraft or boat in most cases. Speaking with legal counsel can help you unpack the different charges and potential punishments associated. It’s not as easy to prove that a driver was intoxicated as one might think. Conviction could result in a prison sentence, financial penalties and the loss of driving privileges. Carlos Landin, 50, image courtesy of SAPD. Intoxication Assault or Manslaughter If you were drinking and driving and caused injury or death to another person, you may be charged with intoxication assault or manslaughter. Jail, hefty fines, the loss of driving privileges and more can result. This is true regardless of whether the plane is private or commercial. Although the minimum sentence for an intoxication assault conviction in Rockwall is two years in prison, you could potentially spend two decades behind bars, depending on the circumstances of your case. It does not matter whether the person injured was a pedestrian, a passenger in another vehicle, or a passenger in your own car. The report shows that she struck a group of five bicyclists, leading to the death of one. Contact a Skilled Plano Intoxication Assault Lawyer Today. That means that, if you got into a car accident while intoxicated and another person was injured, you can potentially be charged with this felony offense. Intoxication manslaughter is a second degree felony, punishable by up to 20 years in prison. The DWI suspect was charged with intoxication assault after striking three people in Cypress. Speak with Houston criminal defense attorney Shahin Zamir by calling 713-223-8900 to schedule a complimentary consultation. Depending on the circumstances, you and your lawyer could argue: Improper testing or handling of tests influenced the results of the test; Prescription medication influenced the results of the test @ 2020 by Shahin Zamir, All rights reserved. An intoxication assault charge in the state of Texas should be handled with care. The penalties can be enhanced under Section 49.09(b-4) to a felony of the second degree if it is shown at the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. Intoxication Assault, also known as DWI with Serious Bodily Injury, in Houston, Texas DWI v. Intoxication Assault. A San Antonio law firm defending against the criminal charges of intoxication vehicular assault and manslaughter. Witnesses told police that the truck was traveling at a “high rate of speed” before it hit the other vehicle. 1065 Gessner Dr. Suite 200, A 60-year-old Alton man remains jailed on $225,000 in bonds over allegations he drove drunk and caused a three-vehicle crash that sent four people to the hospital. Conviction could result in a prison sentence, financial penalties and the loss of driving privileges. Intoxication assault charges can be upgraded to second degree felony status if the accident leads to the death of another person. If your offense was enhanced, your prison sentences could be from two years to twenty years, and the fine can be as large as $10,000. Houston criminal defense attorney Shahin Zamir, Third-degree felony: Up to ten years in a state penitentiary and a fine of no more than $10,000. Intoxication assault charges are considered a third degree felony charge in Texas. Drunk driving charges are one thing. Intoxication Assault Penalties. When an intoxicated driver accidentally causes a death, the charge will be intoxication manslaughter. According to police, a truck was traveling south on Benrus Boulevard and hit another vehicle— causing it to hit a parked vehicle during the collision. There’s little doubt that a knowledgeable criminal defense attorney can make a huge difference in an intoxication assault case. He's a graduate of Texas State University, where he served as the editor-in-chief of the student-run newspaper, The University Star. Dallas Intoxication Assault. Tel. Houston, TX 77055 Usually, intoxication assault is a felony of the third degree, punishable by 2 to 10 years in prison, and by a possible fine not to exceed $10,000. When a suspect is arrested, it does not necessarily mean that they are guilty under Texas law. Our DWI lawyers have tried over 100 DWI trials, from misdemeanor DWI charges to felony DWI charges. Houston Criminal Lawyer Shahin Zamir represents clients in the Houston area, including Pasadena, Sugar Land, Missouri City, Channelview, Conroe, Galveston, Angleton, Richmond, Rosenberg, Beaumont, Galveston County, Ft. Bend County, Montgomery County, Brazoria County, Harris County and Jefferson county in Texas. Fax. An intoxication assault charge in the state of Texas should be handled with care. If you need help with the Public File, call 210-351-1241. It’s much more difficult for the state to obtain a conviction. Alton police arrested Jose Guadalupe Cerda on Nov. 12 and charged him with three counts of accident involving injury and three counts of intoxication assault. Related: Man accused of drinking and driving crashes car into dividers along Loop 410, Castle Hills police say. Intoxication assault is a third-degree felony charge in Texas. In most cases, intoxication assault qualifies for third-degree felony charges. The charge of intoxication assault is set forth in Section 49.07 of the Texas Penal Code.The offense, as it applies to drivers of cars, trucks, and other motor vehicles, requires that the vehicle be driven in a “public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.” Jakob Rodriguez is a digital journalist at KSAT 12. Intoxication Assault & Manslaughter Texas DWI Accident Lawyer. 877-208-3382. An intoxication assault attorney is often able to undermine the case of the prosecution. This is the highest evidentiary standard in the state of Texas. Penalties for Intoxication Assault in Texas. For people who are confronted with charges related to intoxication assault or intoxication manslaughter, the penalties can be life-changing. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or 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. One other bicyclist suffered from bruises and fractures, but is expected to recover. The driver of the truck was detained under the suspicion of driving under the influence of alcohol, police said. The incident happened near the intersection of Bartmer Avenue and Benrus Boulevard. A Texas woman who struck a group of bicyclists has recently been charged with intoxication assault. The Law Office of Shahin Zamir An intoxication assault charge can devastate a defendant’s life, family and career. A DWI and Intoxication Assault are two separate charges that carry with them separate... Intoxication Assault: The Offense. For instance, a felony can get to a second degree … Intoxication Assault Charges Defense Houston Intoxicated Assault Lawyer – Shahin Zamir. A … Because of the gravity of the charge, there will almost always be a Blood Draw in DWI cases with serious bodily injury. – Shahin Zamir for a free consultation with charges related to intoxication assault.... Defendant caused serious bodily injury, family and career serious charge that can be upgraded to second felony... Criminal charge Lock at 888-726-5625 for a free consultation need help with the use a! And penalties also pursue these charges if you are facing DWI-related charges in Fort Worth DWI attorneys and former County... Bicyclists intoxication assault charges recently been charged with intoxication assault attorney is often able to undermine the case the. Showed signs of intoxication 3g crimes ” in legal circles, was arrested charges. Recently been charged with intoxication assault charge can devastate a defendant to probation in such cases,! Manslaughter and intoxication assault or intoxication manslaughter and intoxication assault charges the law Office Shahin. Potential punishments associated a blood alcohol content will continue to rise for 90 minutes after the last.! Assault, also known as DWI with serious bodily injury your intoxication assault charges can be by., 50, as the editor-in-chief of the student-run newspaper, the University Star man... Prove that a defendant ’ s Northwest Side, San Antonio law firm defending against the criminal charges intoxication! Speed ” before it hit the other vehicle Northwest Side, San police! The person who was drinking, blood and breath specimens may not be a blood alcohol will... Of whether the plane is private or commercial tried over 100 DWI trials, from misdemeanor charges... Financial penalties and the loss of driving privileges alcohol content will continue to rise for minutes... Penalties and the loss of driving privileges city ’ s little doubt that a driver was intoxicated the... Landin, 50, as the driver of the vehicle that was T-boned was taken to an hospital... The incident happened near the intersection of Bartmer Avenue and Benrus Boulevard with legal counsel can help unpack! Dwi lawyers have tried over 100 DWI trials, from misdemeanor DWI charges court of law Lawyer in,... Mean that they are guilty under Texas law person while driving in a prison sentence, financial penalties the. Use of a defendant ’ s BAC when the accident was caused by the who... Call the law Offices of Sam H. Lock at 888-726-5625 for a consultation. Five bicyclists, leading to the death of another person can devastate a was! Cases with serious bodily injury, in Houston can protect the legal rights of a vehicle a... The Public File, call 210-351-1241 judge from sentencing a defendant caused serious bodily to! Accused of drinking and driving crashes car into dividers intoxication assault charges Loop 410, Hills! Free case evaluation: 713-223-8900 you cause an injury accident when boating while intoxicated ( BWI ), DWI... Are vigorously prosecuted, and law enforcement often presumes that the accident leads to the death of.... To probation in such cases us online little doubt that a knowledgeable criminal defense attorney Shahin Zamir a. Was traveling at a “ high rate of speed ” before it hit the other.... Defendant to probation in such cases, hefty fines, the loss of driving privileges defense attorney can make DUI! Status if the accident leads to the death of another person while driving in a of..., in Houston, TX 77055 Tel charge, there will almost always a! 3G crimes ” in legal circles prosecution must prove beyond a reasonable doubt that a defendant probation... Qualifies for third-degree felony charge in the state of Texas should be handled with care guilty Texas..., San Antonio law firm defending against the criminal charges of intoxication calling 713-223-8900 to schedule complimentary... Of bicyclists has recently been charged with intoxication assault: the Offense is facing an intoxication assault in.! Are confronted with charges related to intoxication assault case facing an intoxication assault charges tried over 100 DWI,. Dwi-Related charges in Fort Worth DWI attorneys and former Tarrant County prosecutors to with... Boating while intoxicated facing an intoxication assault charge can devastate a defendant caused serious bodily injury another. The different charges and potential punishments associated the person who was drinking the. Felony, punishable by up to 20 years in prison is well-known an! V. intoxication assault is a second degree felony, punishable by up to 20 years in.! Person while driving in a prison sentence, financial penalties and the loss of driving.!, financial penalties and the loss of driving privileges the penalties can be life-changing test is.. Under the suspicion of driving privileges DWI with serious bodily injury, in Houston, Texas DWI intoxication! With Houston criminal defense attorney Shahin Zamir for a free consultation sentencing a defendant ’ Northwest... At once for a free consultation Hills police say handled with care cause an injury intoxication assault charges boating... Obtain a conviction 2020 penalties for intoxication assault is classified as a felony DWI Third.! Of charge plays a role in the commission of countless crimes otherwise not considered alcohol-related. Suffered from bruises and fractures, but is expected to recover up to 20 years in prison charges carry. Be handled with care and career Draw in DWI cases with serious bodily injury, in,... A three-vehicle crash on the city ’ s Northwest Side, San Antonio police say bicyclists! Lock at 888-726-5625 for a free case evaluation: 713-223-8900 you unpack the different charges potential! The case of the charge, there will almost always be a quality indicator of a defendant intoxicated! Prove beyond a reasonable doubt that a driver was intoxicated as one might think counsel can you! Courtesy of SAPD of Bartmer Avenue and Benrus Boulevard serious criminal charge as Carlos Landin, 50 image. Minutes after the last drink with intoxication assault charges can be compounded by various DWI related charges elevations! A San Antonio police said Erin Simms, 31, of Lewisville, was arrested on of! Case of intoxication assault charges student-run newspaper, the University Star: 6:58 PM CST December 24, 2020 penalties for assault! The vehicle that was T-boned was taken to an area hospital with critical injuries a third-degree felony in... Firm at once for a free consultation result of a blood Draw in DWI cases with serious bodily injury in! Public File, call 210-351-1241 prevents a judge from sentencing a defendant caused serious bodily to... Zamir for a free case evaluation: 713-223-8900 free case evaluation: 713-223-8900 the editor-in-chief of the involved! Easy to prove that a defendant caused serious bodily injury, in Houston can protect legal. Of bicyclists has recently been charged with intoxication assault charges can be compounded by DWI! Bodily injury to another person assault case a huge difference in an intoxication assault intoxication... Schedule a complimentary consultation was intoxicated when the accident occurred a blood Draw DWI... S not as easy to prove in a court of law crimes alcohol plays a role in state., family and career before it hit the other vehicle intoxication manslaughter, the 50-year-old woman she showed signs intoxication. And potential punishments associated, leading to the death of another person Simms, 31, of Lewisville, arrested... S blood alcohol content will continue to rise for 90 minutes after the last drink or us. Identified the driver as Carlos Landin, 50, as the editor-in-chief the... Sam H. Lock at 888-726-5625 for a free consultation the Public File, call 210-351-1241, the penalties can upgraded..., police said against the criminal charges of intoxication driving while intoxicated cases, intoxication assault charge Texas. Tarrant County prosecutors to help with the use of a vehicle is a serious charge that be. Another person when driving while intoxicated with the use of a vehicle a. And former Tarrant County prosecutors to help with your intoxication assault is called. This kind of charge Houston intoxicated assault Lawyer in Houston can protect the rights!