Intoxication Assault

Intoxication Assault in Brazoria County

Defense Informed by Former Brazoria County Prosecutors

Intoxication assault is a felony allegation arising from an intoxication-related incident that allegedly caused serious bodily injury. Both attorneys at Crenshaw & Purvis previously worked in the Brazoria County District Attorney’s Office, giving us firsthand insight into how prosecutors evaluate serious DWI-related charges.

Jeff Purvis is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Our attorneys also bring more than 60 years of experience handling DUI/DWI-type cases, including the investigation, negotiation, and courtroom work these allegations can require.

Discuss an intoxication assault charge with our defense attorneys. Call (979) 200-4746 to request a free consultation.

What Texas Intoxication Assault Charges Require

Under Texas Penal Code §49.07(a), the state must prove that a person caused serious bodily injury by accident or mistake while intoxicated and operating a motor vehicle in a public place. An accusation isn’t proof. The prosecution must establish each statutory element, including intoxication, injury, operation, location, and causation, through admissible evidence.

Serious bodily injury has a specific legal meaning. It refers to an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of a bodily member or organ. A significant injury doesn’t necessarily satisfy this statutory definition.

Intoxication may be alleged through the loss of normal mental or physical faculties due to alcohol, a controlled substance, a drug, or a combination of substances. It may also be based on an alcohol concentration of 0.08 or higher. The state’s theory and supporting evidence can shape how we investigate the charge.

Related DWI charges require different proof. A standard DWI doesn’t require an injury to another person, while intoxication assault requires an injury that meets the statutory threshold. Intoxication manslaughter applies when an alleged intoxication-related incident causes a death.

Texas Felony Levels & Punishment Ranges

The offense level determines the potential statutory punishment:

Third-degree felony: Intoxication assault is ordinarily punishable by two to 10 years in prison and a fine of up to $10,000.
Second-degree felony: This level can apply when the injured person is an on-duty firefighter or emergency medical services worker. It can also apply when a traumatic brain injury results in a persistent vegetative state. The potential prison term is two to 20 years.
First-degree felony: This level can apply when the injured person is an on-duty peace officer or judge. The potential prison term is five to 99 years or life.

These ranges describe statutory exposure, not the result of any individual case.

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“I put my faith in Jeff Purvis, and his team! My court appointed attorney was a complete failure, who suggested he'd request being removed from my case because I asked him to request a dismissal. The case had so many things wrong with it, and even with a plaintiffs request of non-prosecution and two witnesses, my attorney tried to get me to take a plea, for something I was innocent of, even suggesting he couldn't win because of a past record and my race, and stated "It is Brazoria County!" I had 8 months unable to work at regular job because it was already showing on a background check. Just out of surgery, not making money, and this too!”

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Our Approach to Intoxication Assault Defense

We begin by investigating the allegation, the filed charge, and the evidence supporting each required element. Our work can include negotiations with the prosecution and courtroom defense when litigation is necessary. Throughout the process, we explain developments clearly so clients understand the decisions before them.

An investigation may address evidence such as:

Toxicology evidence and the basis for the claimed intoxication
Accident reconstruction and the sequence of events surrounding the collision
Medical records concerning the nature and extent of the claimed injury
Witness accounts concerning driving, conduct, and the incident itself
The alleged connection between intoxication and the resulting injury

Causation Is a Required Element

The state must prove that the qualifying injury occurred because of the accused person’s intoxication. A serious collision and evidence of intoxication don’t automatically establish that connection. We examine whether road conditions, another driver’s conduct, vehicle movement, or other evidence affects the prosecution’s causation theory.

Texas concurrent-causation rules address incidents involving more than one potential cause. Criminal responsibility can be broken when another cause was clearly sufficient to produce the result and the accused person’s conduct was clearly insufficient. Applying that rule requires careful review of the facts and available evidence.

Discuss an Intoxication Assault Charge with Our Attorneys

We offer free criminal defense consultations to people facing intoxication assault allegations in Brazoria County. Our contact form provides a way to share basic information about the charge and the next stage of the legal process.

Call (979) 200-4746 to request your free consultation with Crenshaw & Purvis.

Case-Specific Issues in Vehicular Assault Allegations

The facts surrounding a vehicular assault allegation can affect whether the prosecution can prove each statutory element. The circumstances and location of the incident require case-specific examination rather than assumptions based on the collision alone.

Texas Penal Code §49.07 applies when the alleged injury occurred by accident or mistake. The prosecution must prove that circumstance as part of an intoxication assault charge rather than treating the incident as an intentional assault under this statute.

For motor-vehicle allegations, the statute requires operation in a public place. Conduct occurring entirely on purely private property falls outside that location element, making evidence about where the incident occurred relevant to the analysis.

Why Outcomes Require Individual Review

DWI cases can end through dismissal, plea bargaining, or a guilty verdict. Deferred adjudication isn’t available for an intoxication assault charge under Texas law, though it may apply in some other DWI cases. These general possibilities don’t establish that any particular disposition is available or appropriate for an intoxication assault charge.

The outcome depends on the evidence, filed charges, applicable law, and individual facts. Neither the accusation, the alleged facts, nor the possible punishment range determines the final result of a criminal case.

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