From misdemeanors to felonies, our criminal defense representation ensures your rights are fiercely protected. Contact us now to start building your defense: (956) 395-3314.
What Texas Law Means by Intoxication Assault
Texas Penal Code Section 49.07 defines Intoxication Assault as operating a motor vehicle in a public place while intoxicated and, by accident or mistake, causing serious bodily injury to another person by reason of that intoxication. “Vehicular Assault” is the term many people use informally for this same charge, but the statutory name under Texas law is Intoxication Assault.
The phrase “serious bodily injury” carries a precise legal meaning: an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of a bodily member or organ. Bruising and minor fractures rarely meet this threshold. A traumatic brain injury, amputated limb, or internal organ damage typically does.
One element of this charge surprises many people facing it: the state doesn’t need to prove you meant to hurt anyone. Because the statute covers injuries caused “by accident or mistake,” intent is irrelevant to the prosecution’s case. An unintended collision becomes a felony when intoxication is the cause and serious injury is the result.
Felony Penalty Structure Under Section 49.07
Without any enhancement, Intoxication Assault is a third-degree felony in Texas, carrying two to ten years in state prison and a fine of up to $10,000. The degree of the charge can increase significantly based on who was injured.
How the charge can be elevated:
- Second-degree felony (two to twenty years): The injured party was an on-duty firefighter or emergency medical services provider
- First-degree felony (five to ninety-nine years or life): The injured party was an on-duty peace officer or judge
Community supervision is available in some cases, but a judge who grants it under Section 49.07 must impose at least 30 days of county jail confinement as a condition. That mandatory jail term applies even when the sentence itself is probated.
An Intoxication Assault charge in Brownsville, Texas carries serious consequences. The sooner an attorney is reviewing the evidence, the more options may be available. Call (956) 395-3314 to schedule your free consultation with The Law Office of Mauricio Garcia.
Why Choose The Law Office of Mauricio Garcia?
-
Client-Centered RepresentationWhile many firms delegate cases to legal assistants, we guarantee direct communication with an attorney regarding your case.
-
Federal Court ExperienceWith a former judicial law clerk, we bring invaluable insight into federal court proceedings.
-
Local RootsBorn and raised in Brownsville, TX, we serve our community in both English and Spanish.
-
Proven ExcellenceOur recognitions from Super Lawyers and the National Trial Lawyers affirm our unwavering dedication to legal excellence.
-
Free Consultations AvailableGet started today with a confidential consultation with a member of our team.
-
Affordable Legal HelpWe offer flexible payment plans, ensuring that financial constraints never obstruct your access to justice.
Client Testimonials
Intoxication Assault Defense in Brownsville, TX
Mauricio Garcia was born in Brownsville and raised in Mexico. That background isn’t incidental. It means he understands the daily reality of people living and working in Southern border communities in a way that shapes how he listens to clients and builds their defense. When you contact The Law Office of Mauricio Garcia, you work directly with Mauricio. No case managers, no hand-offs to legal assistants.
His experience includes serving as a federal judicial law clerk, which gave him close exposure to how courts evaluate evidence, weigh arguments, and reach decisions in complex criminal matters. He brings that knowledge into felony cases. The firm also offers Spanish-speaking services, removing a barrier that affects many clients in Cameron County.
Mauricio has been recognized as a 2023 Super Lawyers Rising Star and as a Top 40 Under 40 by The National Trial Lawyers, and he is a member of the Texas Criminal Defense Lawyers Association. The Law Office of Mauricio Garcia handles state and federal criminal defense matters ranging from misdemeanors to serious felonies.
Get a Free Consultation on Your Case
An Intoxication Assault charge can reshape your future quickly. Before accepting any plea or making any statement, speak with an attorney who handles felony criminal defense in Cameron County. The Law Office of Mauricio Garcia offers a free initial consultation so you can understand your situation before committing to anything. Flexible payment plans are available to make representation more accessible when financial pressure is already significant.
Call (956) 395-3314 to speak with Mauricio Garcia about your Intoxication Assault case.
-
"Great Attorney"A family member was on probation in Cameron County for a DWI. Unfortunately, he picked up a PI in another county which resulted in an MTR being filed. I went on google and came across Mauricio. I decided to give him a call since there were so many positive reviews about his communication. They were definitely right. He took the time to talk to us and was always a text message away. We were eager to get this case settled quickly to avoid getting arrested and transferred down to Cameron county ( which would have taken weeks). Within a week of the warrant going out, we were able to get the case resolved and the MTR being withdrawn. He set up the court date for us so my family member could turn himself in. We were able to walk out of the courthouse within an hour, the warrant withdrawn, and not a single day spent in jail. We are so thankful to Mauricio for resolving this case quickly and with no jail time.- Marina W.
-
"Highly Recommend"Attorney Garcia is absolutely a lifesaver! He is the man you want on your team! Could not thank him enough for handling my case and getting my extant recalled without me having to travel to Texas from Florida!- Sam G.
-
"Super recomendable"El abogado siempre estuvo al pendiente del caso, y actuó como todo un profesional, además de que desde el primer momento lucho para que la sentencia fuera la mínima y lo consiguió. Muy agradecida y sobre todo recomiendo ampliamente al abogado.- Ceyla Z.
-
"Great Attorney"He's a very good attorney, I would recommend him to you guys, he got my case dismissed. If I need him again he's the first one I would call, thank you sir.- Maximo L.
-
"Excelente Abogado"Excelente Abogado Mauricio, siempre al pendiente desde todo muy amable , atento y servicial. Me comentó que me iba a quitar los cargos y así fue mi récord quedó limpio. Sin duda alguna lo recomiendo!- Karla A.
