What Is Intoxication Assault and Intoxication Manslaughter?

Keys and Drink

Photo of a glass of alcohol next to car keys

According to The Austin American Statesman, “three new charges have been filed against 27-yar-old Marco A. Oliva-Quevedo in a fatal crash that killed his son and a man.” The June 10 accident in Northwest Austin has him facing five charges:

Chapter 49 of the Texas Penal Code concerns intoxication offenses. Additionally, that chapter explains the qualifications for an intoxication manslaughter charge and an intoxication assault charge:

  • Intoxication Assault: Chapter 49.07 says that an intoxicated person can be charged with intoxication assault if they seriously injure another by accident or mistake. Texas considers this offense a third degree felony.
  • Intoxication Manslaughter: Chapter 49.08 says that an intoxicated person can be charged with intoxication manslaughter if they cause the death of another by accident or mistake. Texas considers this offense a second-degree felony.

How Are Felonies in Texas Classified?

The state of Texas classifies felony offenses into five categories. Each category is classified on the relative seriousness of the offense. Below are the five felonies and how they are punished:

  • Capital Felony
    • Convicted person can receive the death penalty or life imprisonment.
  • First Degree Felony
    • Convicted person must pay a fine that cannot exceed $10,000.
    • Convicted person can be imprisoned for no less than five years and no more than 99 years.
  • Second Degree Felony
    • Convicted person must pay a fine that cannot exceed $10,000.
    • Convicted person can be imprisoned for no less than two years and no more than 20 years.
  • Third Degree Felony
    • Convicted person must pay a fine that cannot exceed $10,000.
    • Convicted person can be imprisoned for no less than two years and no more than 10 years.
  • State Jail Felony
    • Convicted person must pay a fine that cannot exceed $10,000.
    • A convicted person can be imprisoned for no less than 180 days and no more than two years.
    • This felony charge can be linked with a third degree felony if it is shown that a person used a deadly weapon when the offense occurred.

The Law Offices of Aaron Allison – Austin Personal Injury Attorney

Source: https://www.statesman.com/NEWS/20140725/New-charges-filed-in-fatal-Northwest-Austin-crash



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