Strong Defense Representation For Intoxication Assault And Manslaughter
If you have been charged with intoxication assault or intoxication manslaughter, it is extremely important that you have a skilled and knowledgeable defense attorney on your side.
At The Law Offices of James Angelino, I have handled numerous DWI cases for clients in Collin, Denton and Dallas counties, including serious cases in which intoxication assault or manslaughter was alleged.
- Intoxication assault: Third-degree felony: Punishable from two to 10 years in the Texas Department of Corrections and up to a $10,000 fine. If probation is given, there is a mandatory 30 days’ jail sentence.
- Intoxication manslaughter: Second-degree felony: Punishable from two to 20 years in the Texas Department of Corrections and up to a $10,000 fine. If probation is given, there is a mandatory 120 days’ jail sentence.
I was the creator and chief of the Denton County District Attorney’s Office’s DWI Prosecution Unit in which I traveled around the country teaching police officers and prosecutors how to better prosecute these type crimes. I was also an instructor at the TDCAA’s intoxication manslaughter seminars. Let my experience in these type cases help you get the best possible result.
Understanding These Serious Charges
If a person causes the death or serious bodily injury of someone as a result of operating his or her vehicle while intoxicated, he or she is likely to be charged with the crime of intoxication manslaughter or intoxication assault. In order to prove one of these cases against an individual, the prosecutor must show beyond a reasonable doubt not only that the individual was intoxicated, but also that the death or serious bodily injury was a direct result of that intoxication.
I can tell you that all accidents that result in the death or serious bodily injury of an individual will be investigated more thoroughly than a traditional driving while intoxicated case. This means that each police department will have its best officers working on the case. It also means that you will not be able to refuse a blood or breath test. If you refuse, a warrant will be issued for your arrest.
This means part of the defense on intoxication will be on the actual blood test. Was the warrant legitimate? Was the blood drawing procedures properly followed? Did the lab follow the proper procedures? In these type cases, it is critical that you are represented by a criminal defense attorney who has tremendous experience in how to attack the government’s case.
The State’s Burden Of Proof
In many cases, intoxication is not the issue. Proving someone committed the offense of intoxication manslaughter or intoxication assault is a two-pronged case. The first prong: was the person intoxicated? If yes, the state must prove the second prong: was the death or serious bodily injury a direct result of that intoxication? One example of this is where there is an accident where a nonintoxicated person runs a stop sign, hitting an intoxicated driver. The nonintoxicated person is killed or seriously injured. The intoxicated person is not guilty of intoxication manslaughter or intoxication assault, because his or her intoxication did not directly cause the death of another.