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What Is the Penalty for Intoxication Assault in Texas?

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Texas has many DUI-related charges with stiff penalties, and one such charge is intoxicated assault. The following information is general and explains what an intoxicated assault charge means in Texas. If you are facing an intoxicated assault or another criminal charge, contact Amanda Webb - DWI Lawyer for a free case evaluation. Our criminal defense law firm is based in Conroe, Texas, and we serve the surrounding Montgomery County area.

Intoxicated assault

One of the more common DUI/DWI-related charges under Texas law is intoxication assault.

Intoxication assault is typically applied when a person is accused of operating a motor vehicle, watercraft, aircraft, or amusement ride while intoxicated and, due to this impairment, their actions cause "serious bodily injury" (SBI) to another person.

Serious bodily injury is defined by Texas as an injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Intoxicated assault is a felony

Typically, intoxication assault is a third-degree felony charge, but there are exceptions.

  • The penalty for third-degree felony intoxicated assault is up to 10 years in prison with a 2-year minimum sentence.
  • The charge can be upgraded to a second-degree felony if the injured person was a firefighter or emergency medical personnel performing their duties or if the alleged victim suffers a traumatic brain injury that results in a persistent vegetative state. The penalty for second-degree intoxicated assault is up to 20 years in prison with a 2-year minimum sentence.
  • First-degree felony intoxicated assault applies if the alleged victim was a police officer or judge performing their duties. The penalty for a first-degree felony is up to 99 years in prison with a 5-year minimum sentence.


Every case is different, but in general, those facing an intoxicated assault charge have options. Potential responses to the charge may include:

  • Pleading innocent and fighting for a not-guilty verdict or acquittal.
  • Pleading guilty.
  • Negotiating to plead guilty to a lesser charge.
  • If a guilty verdict is reached, depending on your circumstances, your lawyer may argue for a lighter sentence or an alternative to the incarceration program.

Talk to a Texas DWI attorney today

Amanda Webb - DWI Lawyer has a reputation for tearing down seemingly "solid" cases for prosecution. Attorney Webb knows the strategies the Montgomery District Attorney uses on intoxicated assault cases because she is a former assistant district attorney for the county office.

Discover what our law firm can do for you. If you have been charged with intoxicated assault or another DUI-type charge, contact us today to learn more about your legal rights and options. There are no obligations, and our conversation is confidential. For more information, call 1-800-395-5951. We're available 24/7 and would be happy to answer your questions.