Intoxicated Assault: Third Degree Felony
An intoxicated assault occurs when an individual is guilty of DWI and also causes serious bodily injury to another person. This form of injury is defined as one that creates a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of the function of any bodily part or organ.
If you are charged with a third degree felony, you are likely to face:
- Up to $10,000 fine
- Two to 10 years in the state penitentiary
- Drivers license suspension: 180 days to one year
We may be able to seek community supervision in some intoxicated assault cases. The severity of the injuries as well as prior record of the accused will be important factors in determining whether or not an individual receives probation.
If you are granted probation for an intoxicated assault, you will likely serve jail time as a condition of probation. The minimum sentence is 30 days and the maximum in 180 days. There is also the requirement of 160 to 600 hours of community service and various types of alcohol treatment programs. These programs may be inpatient or outpatient treatment.
Having an attorney who can gather evidence and argue on your behalf is the best way to improve your outcome in a DWI felony case.
Intoxicated Manslaughter: Second Degree Felony
An individual is guilty of intoxicated manslaughter if they are guilty of a DWI and, by reason of that intoxication, caused the death of another by accident or mistake. Penalties include:
- Up to $10,000 fine
- Two to 20 years in the state penitentiary
- Drivers license suspension: 180 days to two years
Community supervision is a legal possibility in some intoxicated manslaughter cases, but is very difficult to obtain. If it is the result of a plea bargain, the family of the victim usually would have to agree to the deal. These are always very sensitive cases and must be dealt with accordingly. If an individual receives probation, they are subject to the conditions of a felony DWI, as well as a minimum of 120 days of jail time and 240 to 800 hours community service.
While many terms are mandatory, some are negotiable. It is important to hire a qualified DWI defense attorney who can help ensure you achieve the best outcome possible. Ultimately, if you did not give a chemical test, the patrol car video is going to be the chief tool an attorney uses to negotiate your case. Depending on how you appear on the video, it is possible to negotiate a reduction to a non-alcohol related charge or a dismissal. If you gave a chemical test, the results will rule the majority of the negotiation. By scheduling a consultation at our office, our team can give you a realistic assessment of your chances of victory and help you build your case.
Why Hire an Attorney
At The Law Offices of Jason Trumpler, our team understands the complexities of DWIs and has spent many years defending clients in vehicular crime cases. In most cases, you are subject to laws of the county you were charged in and may be affected by both civil and criminal statues. Having an attorney who can gather evidence and argue on your behalf is the best way to improve your outcome in a DWI felony case. Call our office at (512) 457-5200 or contact us online to schedule a consultation today.