Intoxication Assault
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes serious bodily injury to another.
To prove this offense, the State must establish each of the following elements: By accident or mistake while intoxicated; Operating motor vehicle/aircraft/watercraft/amusement ride; Causes serious bodily injury to another; 3rd degree felony.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- By accident or mistake while intoxicated
- Operating motor vehicle/aircraft/watercraft/amusement ride
- Causes serious bodily injury to another
- 3rd degree felony
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes serious bodily injury to another.
| If this condition applies… | Charge escalates to |
|---|---|
| Causes SBI to peace officer/firefighter/EMS in lawful discharge of duties | 2nd degree felony |
| Causes traumatic brain injury resulting in persistent vegetative state | 2nd degree felony |
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Worked examples
Intoxication Assault under §49.07 is what level of felony?
- State jail felony
- 3rd degree felony Correct
- 2nd degree felony
- 1st degree felony