Being charged with DWI/DUI is very serious, but an intoxication manslaughter charge in Texas is considered the most severe of toxication-related offenses. Intoxication manslaughter occurs when someone operating a motor vehicle is under the influence of drugs or alcohol and causes an accident, resulting in the death of another. This type of occurrence can be life-altering for all parties involved. Hiring an experienced attorney that can help you understand the circumstances stemming from such a severe charge is imperative because of the penalties and fines you would likely face.

What Does Intoxication Manslaughter Mean?

Even if there was no intent to harm anyone and the car wreck was purely accidental, you could still be charged with intoxication manslaughter. There are a variety of charges that can be filed when an impaired driver causes an accident involving a serious injury or death, including:

• Intoxication Manslaughter - This offense, specific to the state of Texas, is when a vehicle accident involving a death is caused by a driver who is under the influence of drugs or alcohol

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Being charged with a DWI or DUI is never an ideal situation to be in, but understanding your legal rights and hiring the right DWI/DUI defense attorney can help you build a strong defense. Your lawyer will make sure that the traffic stop was justified and may challenge the accuracy of any field sobriety tests and breathalyzer tests. Even though these tests are commonly used by police, there are instances where they are given under unreliable circumstances. Being placed under arrest and charged with DWI can turn into a battle that lasts for months or even years, but following the correct steps could help pave the way for proving your innocence.

Illegal Traffic Stops

A police officer cannot pull over a vehicle unless he or she has probable cause to do so. For example, police may witness a traffic violation or see possible evidence of intoxicated driving like weaving between lanes.  Police also need probable cause to arrest a suspect. If the police do have a valid reason to pull you over, they still cannot perform an illegal search of your vehicle. Police are prohibited from searching a suspect or their vehicle over a minor traffic offense probable cause. Any evidence collected without the driver’s consent or probable cause is not admissible in court.

Standardized Field Sobriety Tests

Officers have various methods they use when performing a field sobriety test, but the results of the tests do not always stand up in court. The most common standardized tests given to suspects include walking in a straight line, standing on one leg and counting, and the horizontal gaze nystagmus (HGN) test. The HGN test is when the officer observes the eyes of a suspect as they follow a pen or flashlight.

Texas takes the illegal buying and selling of controlled substances very seriously. A drug crime conviction carries harsh penalties, including prison time, mountainous fines, and reputational damage that is difficult to repair.

However, not all drug crimes are the same. The location of the crime impacts the penalties, with Texas law punishing offenses that occur in “drug free zones” more harshly.

What Places Are Considered Drug Free Zones?

In the State of Texas, the following locales are considered drug free zones:

Most people are familiar with the crime of assault. When they hear the word, they often imagine a victim being punched, hit, or inflicted with some kind of physical blow. Although this constitutes one kind of assault in Texas, other kinds of assault exist, some of which involve no physical contact. The nature of the assault determines whether the offense is a misdemeanor or a felony. The circumstances of the alleged assault also influence the defendant’s sentence.

Misdemeanor Assault

• Class C Misdemeanor Assault: A defendant may face a class C misdemeanor charge if the alleged assault victim suffers no bodily harm. Threats of imminent physical harm and offensive physical touching without consent may result in class C misdemeanor charges. The maximum penalty for this offense is a $500 fine.
• Class B Misdemeanor Assault:  Class B misdemeanor assault charges may result from physical attacks against athletes and coaches by spectators. The maximum penalty for a class B misdemeanor assault charge is a $2000 fine and six months in prison.   
• Class A Misdemeanor Assault: Any assault that results in physical harm may be charged as a Class A misdemeanor. The penalties for a class A misdemeanor assault charge are increased considerably, with defendants facing up to one year in prison and a fine of $4,000

Felony Assault

• Third Degree Felony Assault:  Assault involving a public servant, government official, security officer, or emergency services personnel may be a third degree felony. 
• Second Degree Felony Assault: The law finds certain parties especially vulnerable and upgrades a class A misdemeanor assault charge to a second degree felony if the victim is a family member, a dating partner, or a roommate. Convicted parties may face anywhere from 2-20 years in prison and a fine up to $10,000.
• First Degree Felony Assault: Aggravated assault against a family member, dating partner or roommate is upgraded to first-degree felony assault. Assault is considered aggravated assault if the alleged crime results in serious bodily injury or a weapon is used during the assault. 

Contact a Texas Assault Defense Attorney

A felony has repercussions well beyond prison time. If convicted, you may also face serious fines, loss of freedom, and a personal stigma that is difficult to shake. A lawyer can identify flaws in the prosecution’s strategy and launch a counter-investigation to uncover the facts. Law Offices of Sam H. Lock has been providing rigorous criminal defense representation for years. We go the extra mile for our clients, ensuring their rights are respected at each step of the process.

If you need an experienced San Antonio criminal defense attorney that stands up for the client, contact Law Offices of Sam H. Lock today at 210-226-0965 for a free initial consultation.

Domestic violence can take many different forms; in fact, it does not even require physical contact. Sometimes, simply a person’s presence is enough to constitute the crime. Stalking is one example of this.

In the State of Texas, a person may be convicted of stalking if their behavior causes someone to fear for their safety.

Stalking Charges in San Antonio 

Stalking encompasses a wide range of behavior and could include verbal communication, trespassing on the victim’s property, and repeatedly following the victim. If these actions make the victim fear there is imminent danger to themselves, their family, or their property, the actions may constitute stalking.