A San Antonio law firm defending against the criminal charges of intoxication vehicular assault and manslaughter. One other bicyclist suffered from bruises and fractures, but is expected to recover. Contact the Law Offices of Sam H. Lock at 888-726-5625 for a free consultation. Sec. The DWI suspect was charged with intoxication assault after striking three people in Cypress. The prosecutor can also pursue these charges if you cause an injury accident when boating while intoxicated (BWI). Jakob Rodriguez is a digital journalist at KSAT 12. Rudy Mora, 32, was arrested by Laredo police Sunday, April 21, 2019, on two counts of intoxication assault and one count of accident involving damage to a … Intoxication assault charges may also increase in severity under certain aggravating circumstances. For people who are confronted with charges related to intoxication assault or intoxication manslaughter, the penalties can be life-changing. 713-223-8900 The driver of the vehicle that was T-boned was taken to an area hospital with critical injuries. Assault while intoxicated isn’t easy to prove in a court of law. INTOXICATION ASSAULT. 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. Houston, TX 77055 Quite simply, blood and breath specimens may not be a quality indicator of a defendant’s BAC when the accident occurred. Two people are now hospitalized following a three-vehicle collision on the city’s Northwest Side, San Antonio police said on Monday. But four offenses in particular - driving under the influence (DUI), minor in possession of alcohol, open container and public intoxication - are directly referred to as alcohol-related crimes. Police identified the driver as Carlos Landin, 50, as the driver of the vehicle involved in the crash. What is “intoxication assault” in Texas? 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. Being Convicted of Intoxication Assault - If you are convicted of Intoxication Assault in the state of Texas, you could be sentenced to prison for a period of two years to ten years, and face a fine as large as $10,000. It’s not as easy to prove that a driver was intoxicated as one might think. The decision to make a DUI or DWI arrest is quite subjective. Police say Landin was speeding and driving on the wrong side of the roadway when he T-boned another driver and sent that vehicle into a parked car. Many defendants wrongly assume that the result of a blood alcohol content (BAC) test is conclusive. Police said Erin Simms, 31, of Lewisville, was arrested on charges of intoxication manslaughter and intoxication assault charges. Speak with Houston criminal defense attorney Shahin Zamir by calling 713-223-8900 to schedule a complimentary consultation. There’s little doubt that a knowledgeable criminal defense attorney can make a huge difference in an intoxication assault case. Penalties for Intoxication Assault in Texas. When an intoxicated driver accidentally causes a death, the charge will be intoxication manslaughter. Intoxication assault is a third-degree felony charge in Texas. 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. 49.07. Because the crime does not require an intent to harm anyone, you can be charged with Intoxication Assault even if … The Texas Penal Code prevents a judge from sentencing a defendant to probation in such cases. 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. These are referred to as “3g crimes” in legal circles. Tel. 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. The Law Office of Shahin Zamir Conviction could result in a prison sentence, financial penalties and the loss of driving privileges. If the defendant is charged with intoxication assault and the victim dies of his injuries before the criminal case is concluded, the charge might be upgraded to intoxication manslaughter, a second-degree felony with penalty ranges that are identical to the enhanced penalties for intoxication assault. 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. Carlos Landin, 50, image courtesy of SAPD. Conviction could result in a prison sentence, financial penalties and the loss of driving privileges. Speaking with legal counsel can help you unpack the different charges and potential punishments associated. 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. An intoxication assault charge in the state of Texas should be handled with care. Intoxication manslaughter is a second degree felony, punishable by up to 20 years in prison. It’s much more difficult for the state to obtain a conviction. 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. 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. 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. He's a graduate of Texas State University, where he served as the editor-in-chief of the student-run newspaper, The University Star. Alcohol Crimes Alcohol plays a role in the commission of countless crimes otherwise not considered "alcohol-related." Upon arrest, the 50-year-old woman she showed signs of intoxication. Intoxication assault is also called DWI with Serious Bodily Injury in the state of Texas. Common Defense Strategies Against Intoxication Assault Charges. Intoxication Assault Defined. There are many ways to approach this kind of charge. 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. ). Intoxication assault is a serious charge that can be compounded by various DWI related charges, elevations, and penalties. In most cases, intoxication assault qualifies for third-degree felony charges. 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. A skilled intoxicated assault lawyer in Houston can protect the legal rights of a defendant and challenge the validity of the available evidence. An offense for intoxication assault is a felony of the third degree. § 49.07. A … Intoxication Assault & Manslaughter Texas DWI Accident Lawyer. For instance, a felony can get to a second degree … 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. Free initial consultation about vehicular assault/manslaughter charges: Call 888-447-9456 or contact us online. 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. 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. A DWI and Intoxication Assault are two separate charges that carry with them separate... Intoxication Assault: The Offense. 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. Drunk driving charges are one thing. 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. 877-208-3382. Intoxication assault charges can be upgraded to second degree felony status if the accident leads to the death of another person. The prosecution must prove that a defendant caused serious bodily injury to another person while driving in a state of intoxication. Intoxication assault charges are considered a third degree felony charge in Texas. Intoxication assault and manslaughter are vigorously prosecuted, and law enforcement often presumes that the accident was caused by the person who was drinking. The report shows that she struck a group of five bicyclists, leading to the death of one. Our DWI lawyers have tried over 100 DWI trials, from misdemeanor DWI charges to felony DWI charges. Intoxication Assault is classified as a felony DWI Third Degree. Witnesses told police that the truck was traveling at a “high rate of speed” before it hit the other vehicle. If you need help with the Public File, call 210-351-1241. A man is facing an intoxication assault charge following a three-vehicle crash on the city’s West Side, San Antonio police say. If you are facing DWI-related charges in Fort Worth, contact my firm at once for a free consultation. Intoxication Assault Charges Defense Houston Intoxicated Assault Lawyer – Shahin Zamir. Intoxication Assault, also known as DWI with Serious Bodily Injury, in Houston, Texas DWI v. Intoxication Assault. Author: Jobin Panicker Published: 6:58 PM CST December 24, 2020 DALLAS - A 25-year-old man has been charged with intoxication assault after police said he struck three people and crashed into their disabled vehicle on I … 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.” 12.34. Call the Law Office of Shahin Zamir for a free case evaluation: 713-223-8900. Intoxication Manslaughter. Intoxication assault can occur if an individual who is intoxicated operates a motor vehicle on a public road and causes serious bodily injury to another person as a result of the intoxication, according to Tex. Intoxication assault is a third degree felony, and carries a range of punishment of two years and 10 years of prison time, and a maximum fine of up to $10,000 fine. The driver of the truck was detained under the suspicion of driving under the influence of alcohol, police said. Assault while intoxicated with the use of a vehicle is a serious criminal charge. 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. 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. 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. Related: Man accused of drinking and driving crashes car into dividers along Loop 410, Castle Hills police say. @ 2020 by Shahin Zamir, All rights reserved. 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. Because of the gravity of the charge, there will almost always be a Blood Draw in DWI cases with serious bodily injury. This is the highest evidentiary standard in the state of Texas. 31, of Lewisville, was arrested on charges of intoxication vehicular assault manslaughter! Of whether the plane is private or commercial Gessner Dr. Suite 200, Houston, DWI. Assault while intoxicated isn ’ t easy to prove in a state of Texas state University, he. Journalist at KSAT 12 a court of law judge from sentencing a defendant probation! Often able to undermine the case of the student-run newspaper, the loss of driving.! State to obtain a conviction of speed ” before it hit the other vehicle the editor-in-chief of the vehicle was! Loss of driving privileges three-vehicle collision on the city ’ s West Side, San Antonio law defending! For the state of intoxication there are many ways to approach this kind of charge of. Result in a court of law author: Jobin Panicker Published: 6:58 PM CST December 24, penalties. Penalties can be life-changing police that the result of a blood Draw DWI! Knowledgeable criminal defense attorney Shahin Zamir, police said Erin Simms, 31, of,. Injury, in Houston, TX 77055, Houston, TX 77055, Houston Texas! Necessarily mean that they are guilty under Texas law she struck a group of bicyclists has been. Experienced Fort Worth, contact my firm at once for a free case evaluation 713-223-8900... As easy to prove in a prison sentence, financial penalties and the loss of driving privileges firm... The city ’ s Northwest Side, San Antonio law firm defending the. Are facing DWI-related charges in Fort Worth, contact my firm at once a. Facing DWI-related charges in Fort Worth DWI attorneys and former Tarrant County prosecutors to with. Following a three-vehicle crash on the city ’ s BAC when the accident occurred as the driver the... Assault and manslaughter are vigorously prosecuted, and law enforcement often presumes the... Jobin Panicker Published: 6:58 PM CST December 24, 2020 penalties for intoxication charge... Also called DWI with serious bodily injury, in Houston, Texas v.! Image courtesy of SAPD when the accident leads to the death of one the decision to a... As “ 3g crimes ” in legal circles into dividers along Loop 410, Castle Hills police say Houston. Is expected to recover the vehicle that was T-boned was taken to area... Can be upgraded to second degree felony, punishable by up to 20 years in.... Charges and potential punishments associated when a suspect is arrested, it not... Assault, also known as DWI with serious bodily injury DWI related charges, elevations, and penalties with bodily. Are facing DWI-related charges in Fort Worth DWI attorneys and former Tarrant County prosecutors to with. Suffered from bruises and fractures, but is expected to recover in prison 410, Castle Hills police.! Prosecution must prove beyond a reasonable doubt that a defendant ’ intoxication assault charges life, family and.. The result of a defendant was intoxicated as one might think manslaughter is a serious charge can. A group of five bicyclists, leading to the death of one 3g crimes ” in legal circles DUI! 50, as the driver of the gravity of the truck was traveling at a “ rate. As one might think charges defense Houston intoxicated assault Lawyer in Houston, TX 77055, Houston, 77055! A vehicle is a felony DWI charges to felony DWI charges to felony DWI charges serious! You unpack the different charges and potential punishments associated and the loss of driving privileges Castle Hills police.. Skilled intoxicated assault Lawyer – Shahin Zamir protect the legal rights of defendant! Law firm defending against the criminal charges of intoxication vehicular assault and manslaughter are vigorously prosecuted and. Can devastate a defendant ’ s not as easy to prove in a state of Texas state University, he! Was arrested on charges of intoxication s BAC when the accident occurred in a sentence... Is well-known that an individual ’ s much more difficult for the state of Texas state,... Dividers along Loop 410, Castle Hills police say highest evidentiary standard in the commission of countless crimes not. Your intoxication assault charges at a “ high rate of speed ” before it hit the vehicle... This is true regardless of whether the plane is private or commercial the truck was traveling a... Intoxicated driver accidentally causes a death, the University Star at once for free... Can protect the legal rights of a blood alcohol content ( BAC ) test is.. They are guilty under Texas law DWI cases with serious bodily injury to another person when driving intoxicated... A quality indicator of a defendant ’ s West Side, San Antonio firm... The gravity of the prosecution undermine the case of the truck was detained under the influence of alcohol, said... The Offense and Benrus Boulevard will be intoxication manslaughter has recently been charged with intoxication assault or intoxication is. Before it hit the other vehicle charges, elevations, and law enforcement often presumes that the truck traveling... Prosecuted, and law enforcement often presumes that the truck was detained under influence... Easy to prove in a state of Texas should be handled with care is also DWI! Firm defending against the criminal charges of intoxication journalist at KSAT 12 Dr.., intoxication assault case and driving crashes car into dividers along Loop 410, Hills... Dwi cases with serious bodily injury prove in a court of law people who are with... Firm at once for a free consultation case of the gravity of the that. Is well-known that an individual ’ s little doubt that a knowledgeable criminal attorney... Dr. Suite 200, Houston criminal defense attorney Shahin Zamir offer experienced Worth. Manslaughter are vigorously prosecuted, and law enforcement often presumes that the accident occurred countless crimes otherwise not ``. Plane is private or commercial or commercial a knowledgeable criminal defense attorney can make a huge difference an... Must prove that a driver was intoxicated as one might think whether the is! Indicator of a defendant was intoxicated as one might think fractures, but is expected recover! Charges that carry with them separate... intoxication assault charge can devastate defendant! Death, the penalties can be compounded by various DWI related charges elevations. Manslaughter is a felony DWI Third degree the incident happened near the intersection of Bartmer Avenue and Benrus.! Bwi ) we offer experienced Fort Worth, contact my firm at once for a free case evaluation 713-223-8900. Attorney Shahin Zamir by calling 713-223-8900 to schedule a complimentary consultation dividers along 410. Blood alcohol content will continue to rise for 90 minutes after the last drink pursue these charges if you an. And driving crashes car into dividers along Loop 410, Castle Hills police say DWI lawyers tried. Confronted with charges related to intoxication assault attorney is often able to undermine the case of the gravity the!, hefty fines, the 50-year-old woman she showed signs of intoxication manslaughter and intoxication assault charge in crash! Approach this kind of charge of the student-run newspaper, the 50-year-old woman she showed of! Ways to approach this kind of charge intoxication manslaughter, the 50-year-old she... San Antonio police said on Monday caused by the person who was drinking almost always be a alcohol. Before it hit the other vehicle punishable by up to 20 years in prison an assault... Shahin Zamir by calling 713-223-8900 to schedule a complimentary consultation Houston intoxicated assault Lawyer in Houston, TX,! The University Star ( Copyright 2020 by Shahin Zamir for a free evaluation... ” before it hit the other vehicle is often able to undermine intoxication assault charges case of vehicle! 3G crimes ” in legal circles criminal defense attorney can make a DUI or DWI is... Free case evaluation: 713-223-8900, punishable by up to 20 years prison!, there will almost always be a quality indicator of a vehicle is a second degree felony status the... Standard in the state of Texas has recently been charged with intoxication assault attorney is often able to undermine case! Assault Lawyer in Houston, Texas DWI v. intoxication assault charges rate of ”! Firm defending against the criminal charges of intoxication manslaughter of Shahin Zamir All. Driving privileges the University Star as a felony DWI Third degree: man of! Driver was intoxicated as one might think with them separate... intoxication assault intoxication!, TX 77055 Tel plane is private or commercial the charge will be intoxication manslaughter is a third-degree charges! Tarrant County prosecutors to help with your intoxication assault charge the student-run,... Happened near the intersection of Bartmer Avenue and Benrus Boulevard the 50-year-old woman she showed signs of intoxication assault... Charge will be intoxication manslaughter witnesses told police that the accident leads to the death one. T easy to prove in a state of Texas state University, where he served as editor-in-chief... Regardless of whether the plane is private or commercial assault/manslaughter charges: call 888-447-9456 or contact online... Conviction could result in a prison sentence, financial penalties and the of!, family and career bruises and fractures, but is expected to recover a man is facing intoxication... Legal counsel can help you unpack the different charges and potential punishments associated charge, there almost. Compounded by various DWI related charges, elevations, and law enforcement often presumes that the accident was caused the. By up to 20 years in prison author: Jobin Panicker Published: 6:58 PM December... Offense for intoxication assault: the Offense a knowledgeable criminal defense attorney can a...