DWI And Assault: The Legalities Of Filing As An Indictment from The Medlin Law Firm's blog

In Fort Worth, Texas, the law allows for a combination of driving while intoxicated (DWI)and assault charges to be filed together in an indictment. This means that if a person is arrested for both assault and DWI, they may face additional legal consequences.

Assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. Threatening another person with imminent bodily injury. Finally, causing physical contact with another person when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Assault can be charged as a misdemeanor or a felony depending on the severity of the offense.

DWI, on the other hand, refers to operating a motor vehicle while under the influence of alcohol or drugs. In Texas, the legal limit for blood alcohol content (BAC) is 0.08%. If a person is found to have a BAC of 0.08% or higher while operating a motor vehicle, they can be charged with DWI.

If a person is arrested for both assault and DWI, the two charges can be combined in a single indictment. This means that the person will face legal consequences for both offenses at the same time. The combination of charges can result in harsher penalties and longer sentences. 

In Texas, the penalties for assault depend on the severity of the offense. For a Class C misdemeanor assault, the maximum penalty is a fine of up to $500. For a Class A misdemeanor, the maximum penalty is up to one year in jail and a fine of up to $4,000. For a third-degree felony assault, the penalty can be two to ten years in prison and a fine of up to $10,000.

For DWI, the penalties also depend on the severity of the offense. For a first-time DWI offense, the penalty can be up to 180 days in jail and a fine of up to $2,000. For a second-time offense, the penalty can be up to one year in jail and a fine of up to $4,000. For a third-time offense, the penalty can be up to ten years in prison and a fine of up to $10,000.

When assault and DWI charges are combined, the penalties can be increased. For example, a person who is convicted of both assault and DWI may face a longer sentence and a larger fine than if they were convicted of only one of the offenses. Additionally, a person who is convicted of both offenses may face more difficulty finding employment or obtaining housing in the future.

If you are facing charges for assault and DWI in Fort Worth, it is important to consult with an experienced criminal defense attorney as soon as possible. A skilled attorney can help you understand your rights, evaluate the evidence against you, and develop a strategy to minimize the legal consequences of your charges.

In some cases, a defense attorney may be able to negotiate a plea bargain with the prosecution. A plea bargain involves an agreement between the defendant and the prosecution to plead guilty to a lesser charge in exchange for a lighter sentence. This can be a useful strategy for defendants who are facing serious charges and want to avoid the possibility of a lengthy prison sentence.

In other cases, a defense attorney may argue that the evidence against the defendant was obtained illegally or that the charges are not supported by the evidence. If successful, these arguments can result in the charges being dismissed or reduced.

If you are facing charges for assault and DWI in Fort Worth, it is important to take the charges seriously and to seek the help of an experienced criminal defense attorney. With the right legal representation, you may be able to minimize the legal consequences of your charges and move forward with your life. Go to www.medlinfirm.com