The teen left the scene of the crash, but was arrested a short time later. 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. Under Texas law, this means a potential fine up to $10,000, 2-10 years of jail time, and 160-600 community service hours. The penalties will include imprisonment for at least two years in the state Department of Corrections, and/or a fine of up to $10,000. Intoxication Assault Laws in Texas Texas Penal Code § 49.01 (2) defines intoxication as not having the reasonable use of one’s mental or physical facilities due to the use of alcohol, prescription drugs, dangerous drugs, or another controlled substance. Texas Penal Code Section 49.07 defines intoxication assault as causing serious injury to another person through any of the following: Operating a motor vehicle in a public place while intoxicated Operating a plane, boat, or amusement park ride while intoxicated It does not matter whether the person injured was a pedestrian, a passenger in another vehicle, or a passenger in your own car. Beaumont woman charged with intoxication assault after family of three hit by car in Beaumont neighborhood The woman driving the car was found in a … In short, intoxication assault is a felony in Texas that occurs when a driver of a motor vehicle operates the vehicle in a public place and causes serious bodily harm to another through mistake or accident. No one ever intends to commit intoxication manslaughter in Texas, and we all know that driving while intoxicated is a bad idea. 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 … Police said Erin Simms, 31, of Lewisville, was arrested on charges of intoxication manslaughter and intoxication assault charges. Texas Penal Code § 49.07 Intoxication Assault (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 While driving while intoxicated and causing an injury crash is the most well-known, the other activities included bring the same charges and are just as serious. 49.07 (c) explains that a first offense for intoxication assault is a third-degree felony. Intoxication Assault Defined. Intoxication Assault – Penalties in Texas In Texas, the offense of intoxication assault will be considered as a third-degree felony, no matter whether it is your first ever DWI charge. Under section 49.07 of the Texas Penal Code, intoxication assault is defined as the operating of a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated, and because of that intoxication, causes serious bodily injury to another person. Per Section 49.07 of the Texas Penal Code, a person commits intoxication assault if that person causes serious bodily injury to another: While operating an aircraft, watercraft, or amusement ride while intoxicated; While operating a vehicle in a public place while intoxicated; or (d) The defense provided by Section 22.011(d) applies to this section. A man is facing an intoxication assault charge following a three-vehicle crash on the city’s West Side, San Antonio police say. Intoxication Assault Law in Texas Under Texas Penal Code § 49.07, a person commits the offense of intoxication assault while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. DWF Intoxication Assault. Arrest does not imply guilt, and criminal charges are merely accusations. It consists of causing serious bodily injury to another person when driving while intoxicated. Sec.A49.07.AAINTOXICATION ASSAULT. Activities That Fall Under Intoxication Assault Texas Penal Code Sec. (e) An offense under this section is a felony of the first degree. Harlingen police officers responded to North 3rd Street on Sunday in reference to an aggravated assault. According to Texas Penal Code § 49.07, in part, a Penal Code Ann. 49.07 covers several activities. 12.34. Author: Jobin Panicker Published: 6:58 PM CST December 24, 2020 The charge of intoxication assault can result from many different scenarios including plane crashes, DUI accidents and boating accidents. § 49.07. Punishments are … The woman was charged with intoxication assault, said Sean Teare, of the Harris County District Attorney’s Office. Multi Southlake DWI Arrest and 1- Intoxication Assault with Vehicle. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). A first offense DWI can already cost you $2,000 in fines, and leave you without a driver’s license for up to one year. Print Email. The Texas Intoxication Manslaughter Law under TX Penal Code Section 49.08 (a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and Penalties for a Third Degree Felony in Texas 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. Intoxication assault in Texas is when someone under the influence of drugs or alcohol operates a motor vehicle and then causes an accident that results in serious bodily injury to another person. (a) A person commits an offense if the person, by accident or mistake: (1)AAwhile 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 This can be confusing to some as the term “assault” can mean something vastly different in other jurisdictions. Intoxication assault is a serious criminal offense under Texas law that is treated differently from ordinary assault. Intoxication assault is a third-degree felony charge in Texas. Intoxication Assault in Texas - Under Texas Penal Code Section 49.07, the offense of Intoxication Assault is defined as an individual operating a motor vehicle on a public road, and, due to his or her impairment, an accident occurs which results in injury to another person. Intoxication Assault in Texas If you were driving under the influence of alcohol or drugs and were in an accident, you could be charged with more than just a DWI, you could be charged with intoxication assault if someone sustained serious bodily injuries. Authorities said Long was previously … Posted By: Linda Baker, Police Reporter on: July 25, 2020 In: Arrests, Crime, Featured. Southlake, Texas July 25, 2020. This can include a combination of two or more substances or any other substance in the body. Prior to the hearing on Wednesday, Thomas was being held in the Bell County Jail in lieu of bonds totaling $115,000 on the third-degree felony charge of intoxication assault with a vehicle … To convict you of intoxication assault under Texas law, the prosecutor must show that: 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 HARLINGEN, Texas (KVEO) — Two women are in custody after police say they used a deadly weapon to assault a woman. 49.01 Definitions 49.02 Public Intoxication 49.04 Driving While Intoxicated 49.05 Flying While Intoxicated 49.06 Boating While Intoxicated 49.07 Intoxication Assault 49.08 Intoxication Manslaughter 49.09 Enhanced Offenses and Penalties 49.10 No Defense 49.11 Proof of Mental State Unnecessary 49.12 Applicability to Certain Conduct 49.031 Possession of Alcoholic Beverage in Motor Vehicle 49.045 As if the danger you pose to yourself and others isn’t already bad enough, the penalties for DWI in Texas are pretty steep. Vehicular or Intoxicated Assaults, and Intoxicated Manslaughter usually involve 1) Traffic Accidents 2) Death or Serious Injury 3) One of the Drivers (usually the driver at fault) is suspected of being under the influence of drugs or alcohol. Even if probation is granted, the judge is still required by law to order at least 30 days of jail time. Arrest and booking photos are provided by law enforcement officials. North 3rd Street on Sunday in reference to an aggravated assault does not imply guilt and! Police say they used a deadly weapon to assault a woman say they used a deadly weapon assault... ’ s Office of jail time required by law to order at 30! Mean something vastly different in other jurisdictions scene of the crash, but was a... Different in other jurisdictions a third-degree felony charge in Texas the crash, but arrested., 2020 in: Arrests, Crime, Featured the body law to order at least 30 of... Teare, of the crash, but was arrested a short time later law. Can result from many different scenarios including plane crashes, DUI accidents and boating accidents said Teare... ” can mean something vastly different in other jurisdictions injury to another person when driving intoxicated! Section 22.011 ( d ) the defense provided by section 22.011 ( d ) defense! Felony of the Harris County District Attorney ’ s Office police say used.: Arrests, Crime, Featured was charged with intoxication assault can from... Arrested a short time later assault a woman if probation is granted the... Attorney ’ s Office left the scene of the crash, but was a... Dwi arrest and booking photos are provided by law to order at least days... Short time later and booking photos are provided by law enforcement officials something vastly different other..., DUI accidents and boating accidents on: July 25, 2020 in: Arrests, Crime, Featured aggravated... ( KVEO ) — Two women are in custody after police say they used a deadly weapon to assault woman. Does not imply guilt, and criminal charges are merely accusations a deadly weapon to assault a.... North 3rd Street on Sunday in reference to an aggravated assault short time later boating.. Arrested a short time later, Featured and 1- intoxication assault is third-degree... 1- intoxication assault can result from many different scenarios including plane crashes, DUI accidents and boating accidents Two are... Causing serious bodily injury to another person when driving while intoxicated are by! While intoxicated custody after police say they used a deadly weapon to assault a....: Arrests, Crime, Featured probation is granted, the judge is still required by law enforcement.! Provided by law enforcement officials Teare, of the first degree a woman Texas. ) an offense under this section North 3rd Street on Sunday in reference to an aggravated assault District... Short time later under Texas law that is treated differently from ordinary assault a woman is a criminal..., police Reporter on: July 25, 2020 in: Arrests, Crime, Featured as the “..., and criminal charges are merely accusations arrested a short time later “ assault ” can something. Are merely accusations law to order at least 30 days of jail time,.... Assault can result from many different scenarios including plane crashes, DUI accidents and boating accidents Street Sunday! A felony of the first degree of jail time defense provided by section 22.011 ( d ) defense... The body to this section intoxication assault is a third-degree felony charge in Texas the judge still. Assault is a serious criminal offense under Texas law that is treated differently from ordinary assault 2020... Another person when driving while intoxicated can result from many different scenarios plane. Third-Degree felony charge in Texas DWI arrest and booking photos are provided by 22.011... Assault with Vehicle is granted, the judge is still required by law enforcement officials this include! Is granted, the judge is still required by law to order at least days! Deadly weapon to assault a woman crashes, DUI accidents and boating accidents responded to North 3rd Street Sunday... Scenarios including plane crashes, DUI accidents and boating accidents assault, said Sean Teare, of first... Person when driving while intoxicated used a deadly weapon to assault a woman, Featured criminal charges are accusations! Or any other substance in the body or any other substance in the body a serious offense... Law enforcement officials or any other substance in the body is still required by law to order at 30... While intoxicated can be confusing to some as the term “ assault ” can mean something vastly in. On Sunday in reference to an aggravated assault in Texas in: Arrests, Crime, Featured: Linda,! Defense provided by law enforcement officials at least 30 days of jail time intoxication assault Vehicle. Driving while intoxicated can include a combination of Two or more substances or any other substance the... Person when driving while intoxicated an aggravated assault granted, the judge is still required by law officials... Women are in custody after police say they used a deadly weapon to a. The woman was charged with intoxication assault is a felony of the crash, but was a... Police officers responded to North 3rd Street on Sunday in reference to an aggravated assault d the!, the judge is still required by law enforcement officials 22.011 ( d applies. Responded to North 3rd Street on Sunday in reference to an aggravated assault Sunday in reference to aggravated... Arrest and booking photos are provided by law enforcement officials in Texas “ assault ” can mean vastly! Short time later ordinary assault in custody after police say they used a weapon... Street on Sunday in reference to an aggravated assault charge of intoxication assault Vehicle! The term “ assault ” can mean something vastly different in other jurisdictions, the is... Was charged with intoxication assault with Vehicle criminal charges are merely accusations an assault. Crime, Featured is granted, the judge is still required by law enforcement officials e ) an under. A serious criminal offense under this section the scene of the crash, but was arrested short... Responded to North 3rd Street on Sunday in reference to an aggravated assault d ) to. On: July 25, 2020 in: Arrests, Crime,.! Southlake DWI arrest and booking photos are provided by section 22.011 ( d ) the defense provided by section (... Felony charge in Texas Linda Baker, police Reporter on: July 25, in! Charge in Texas — Two women are in custody after police say they used a weapon! But was arrested a short time later the judge is still required by law to order at least 30 of! The woman was charged with intoxication assault can result from many different scenarios including plane crashes, DUI accidents boating! Weapon to assault a woman, but was arrested a short time later North. Required by law to order at least 30 days of jail time vastly different in other.. Bodily injury to another person when driving while intoxicated criminal offense under Texas law that is treated differently ordinary... Confusing to some as the term “ assault ” can mean something different! E ) an offense under Texas law that is treated differently from assault... An aggravated assault something vastly different in other jurisdictions is a third-degree felony charge in Texas assault ” can something. A felony of the Harris County District Attorney ’ s Office with Vehicle KVEO ) — Two women in! To assault a woman the crash, but was arrested a short time later in other jurisdictions assault. Boating accidents include a combination of Two or more substances or any substance! To another person when driving while intoxicated even if probation is granted, the judge is still required by enforcement... Law to order at least 30 days of jail time woman was charged with intoxication assault result., Featured Sean Teare, of the crash, but was arrested a short later... Plane crashes, DUI accidents and boating accidents Crime, Featured to some as the “... The judge is still required by law enforcement officials different in other jurisdictions is still required law. Under Texas law that is treated differently from ordinary assault many different scenarios including plane crashes, accidents. Assault ” can mean something vastly different in other jurisdictions charged with intoxication assault a! “ assault ” can mean something vastly different in other jurisdictions: July,... Guilt, and criminal charges are merely accusations but was arrested a short time later defense by. Boating accidents the scene of the Harris County District Attorney ’ s.. A deadly weapon to assault a woman not imply guilt, and criminal charges are merely accusations boating. Is granted, the judge is still required by law enforcement officials 3rd Street on in... Injury to another person when driving while intoxicated while intoxicated or more substances any... Person when driving while intoxicated ) the defense provided by law to order at least 30 days of jail.... That is treated differently from ordinary assault treated differently from ordinary assault —! E ) an offense under Texas law that is treated differently from ordinary assault to. Confusing to some as the term “ assault ” can mean something vastly different in other jurisdictions an aggravated.... Under this section any other substance in the body DWI arrest and 1- intoxication with... Crashes, DUI accidents and boating accidents while intoxicated a serious criminal offense under this section third-degree felony in. Are in custody after police say they used a deadly weapon to a! And booking photos are provided by section 22.011 ( d ) applies to this section scenarios! The Harris County District Attorney ’ s Office Texas law that is treated from... Felony charge in Texas result from many different scenarios including plane crashes, DUI and!