To face a charge of intoxication assault, a person must cause serious bodily harm to a victim while under the influence of drugs or alcohol. Prosecutors typically use intoxication assault to target people who were driving under the influence if they injure someone in an automobile accident. The charge increases the penalties of the regular felony level crime. Intoxication assault is not a light accusation, and defendants often face years of imprisonment and hefty fines. If you or someone you know is facing an intoxication assault charge, it is imperative that you find reliable legal representation immediately.
At Truslow & Truslow, we dedicate our practice to building our clients the strongest legal defense possible. Our mission is to seek a reduction in charges or penalties brought forth against our clients and ensure that they receive a fair and just trial. We believe that no one charged with intoxication assault was actively trying to injure another party, and they therefore do not deserve the harsh punishments that are at stake. Contact our offices today at (803) 256-6276 to speak with a member of our legal team to learn more about how we can assist you in your case.
After accumulating 12 points, the DMV could possibly suspend your license!
The state of South Carolina takes drunk driving very seriously. Unlike a driving under the influence (DUI) charge, an intoxication assault charge is a felony. This means the punishment is harsher and defending yourself is harder. It is important for you to realize that an intoxication assault charge has the potential to ruin your life, and you should take advantage of the knowledge that an experienced intoxication assault lawyer can provide.
You may have a lot of emotions and questions about what might happen if you are convicted of this crime: Will this hinder my employment? Will I ever be able to drive again? How will this impact my future? Do I need a lawyer? An experienced attorney can answer all of your questions and help you plan the best defense for your case.
Without an attorney, it may be difficult to represent yourself and be fully acquitted of this charge. The legal environment surrounding intoxication assault charges is extremely complex. It is easy to make a mistake if you try to represent yourself, which may cost you time in prison. Your livelihood and future are on the line, and it is important to seek out an intoxication assault lawyer immediately. An attorney can aggressively protect your rights and possibly minimize the punishments.
If you are in need of a defense lawyer in Columbia, you don’t want to choose just any firm to represent your case. You need a law firm that will keep your specific circumstances in mind when aggressively defending your rights. You need a legal team who will invest themselves in your interest and future.
At Truslow & Truslow, we see you as more than a client. You’re only human, and sometimes we make mistakes. Nevertheless, you should not have to face severe, disproportionate punishments because of your mistakes that resulted in an intoxication assault charge. We have the experience and knowledge necessary to guide you through these tricky legal waters. We have handled over 2,000 cases and have over 50 years of combined legal experience in our office. Our goal is to minimize the charges or fines or even get them dropped altogether. Your mistake does not justify cruel punishment, and we want to give you a fair opportunity
A person can only be convicted of intoxication assault if the following elements are proved beyond a reasonable doubt:
If all of the elements are satisfied, a person may face 30 days to 15 years in prison or a fine ranging from $5,000 to $10,000. Additionally, if the victim dies from complications related to this intoxication assault within three years of it happening, the accused can be implicated in the death. As you can see, the penalties are severe. Call Truslow & Truslow at (803) 256-6276 today to discuss the details of your case so that we can begin strategizing a defense.
Injuries frequently occur when cars collide, largely due to the weight of the vehicles and the speeds at which they travel. In accordance with the law of South Carolina, in order for a victim to incur “serious bodily injury” he or she must suffer:
These levels of injury can be very easy to inflict on someone while operating a motor vehicle under the influence of drugs or alcohol. If convicted of intoxication assault, an individual can face at least 30 days imprisonment not to exceed 15 years and fines between $5,100 and $10,100.
A DUI is a separate charge that carries less harsh punishments because it is only a misdemeanor. In South Carolina, a DUI requires the person driving the car to be intoxicated to the extent that they’re mentally impaired. This means that the actor must have a blood alcohol content (BAC) of 0.08% or higher. Intoxication assault does not require the driver’s BAC to be above 0.08%. Drugs and alcohol only need to play a role in the accident; they do not need to legally impair the driver.
Similarly to a DUI, you are still required to submit to a breath or blood test to determine if you are under the influence. This is because South Carolina is an implied consent state, and any person driving in the state has given consent to these tests. Just like a DUI, if you refuse to do either test, your driving privileges will be affected.
A DUI does not require the driver to have done some unlawful act or neglected their duties. Alternatively, with an intoxication assault, the driver must have done something else wrong in addition to driving while under the influence. The unlawful act or neglected duty can be as minimal as taking your eyes off the road, not yielding, or following too closely.
The South Carolina intoxication assault lawyers at Truslow & Truslow are here and ready to fight aggressively for your rights. We understand the fear and hardships you are facing during this time. Our experienced legal team will strategize a strong defense tailored to your case, and we will find the weaknesses in the prosecution’s possible arguments against you. An intoxication assault conviction can drastically hurt your future. Don’t wait any longer to contact a defense attorney. The faster you call, the sooner we can protect you. Don’t lose out on the future you deserve. Let the attorneys at Truslow & Truslow fight for you.
Many people facing an intoxication assault charge do not know what to expect at their hearing or what their criminal punishment will be. At Truslow & Truslow, we are ready to walk you through each step of the process to ensure that you are ready for your legal proceedings. Our qualified DUI attorneys thoroughly understand the South Carolina penal code and have years of experience defending felony DUI charges. Contact our offices today at (803) 256-6276 for a free consultation about your legal options.