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Punishments for Intoxication Manslaughter/Assult

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Intoxication Manslaughter:

     2nd Degree Felony, punishable from 2 – 20 years Prison and a fine not to exceed $10,000

Intoxication Manslaughter of Public Servant (Officer, EMT, Fireman, etc.):

     1st Degree Felony, punishable from 5 – 99 or Life in Prison and a fine not to exceed $10,000

2nd or Subsequent Intoxication Manslaughter:

     2nd Degree Felony, punishable from 2 – 20 years Prison and a fine not to exceed $10,000

Mandatory Probation Conditions for Intoxication Manslaughter (applies only where Probation granted):

Intoxication Manslaughter:

  • At least 120 days in Jail [see CCP Art. 42.12 § 13 (a)(1)
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

Intoxication Manslaughter of Public Servant (Officer, EMT, Fireman, etc.):

  • At least 30 days in Jail [see CCP Art. 42.12 § 13 (a)(1)
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education program [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

2nd or Subsequent Intoxication Manslaughter:

  • Mandatory Ignition Interlock placed in vehicle [see CCP Art. 42.12 § 13 (i)]
  • At least 30 days in Jail [see CCP Art. 42.12 § 13 (a)(1)]
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education program [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

Intoxication Assault:

     3rd Degree Felony, punishable from 2 – 10 years Prison and a fine not to exceed $10,000

Intoxication Assault of a Public Servant (Officer, EMT, Fireman,etc.):

     2nd Degree Felony, punishable from 2 – 20 years Prison and a fine not to exceed $10,000

Intoxication Assault TBI (Traumatic Brain Injury):

     2nd Degree Felony, punishable from 2 – 20 years and a fine not to exceed $10,000

2nd or Subsequent Intoxication Assault:

     3rd Degree Felony, punishable from 2 – 10 years Prison and a fine not to exceed $10,000

Mandatory Probation Conditions for Intoxication Assault (applies only where Probation granted):

Intoxication Assault:

  • At least 30 days in Jail [see CCP Art. 42.12 § 13 (a)(1)
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education program [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

Intoxication Assault of a Public Servant (Officer, EMT, Fireman,etc.):

  • At least 30 days in Jail [see CCP Art. 42.12 § 13 (a)(1)
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education program [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

Intoxication Assault TBI (Traumatic Brain Injury):

  • At least 30 days in Jail [see CCP Art. 42.12 § 13 (a)(1)]
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education program [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

2nd or Subsequent Intoxication Assault:

  • Mandatory Ignition Interlock placed in vehicle [see CCP Art. 42.12 § 13 (i)]
  • At least 30 days in Jail [see CCP Art. 42.12 § 13 (a)(1)]
  • Drug/alcohol evaluation/rehabilitation [CCP Art. 42.12 §12(a)(2)&13(f)]
  • Pay cost of rehabilitation program [CCP Art. 42.12 §13(d)]
  • Complete alcohol education program [CCP Art. 42.12 §13(h)]
  • Pay Court costs, fine and probation fees

There also exist collateral consequences of a felony conviction, ranging from employment options to housing to the ability to vote. Further, there are administrative penalties that the State will enforce regarding your ability to keep your driver’s license. The degree to which some, or any, of these potential punishments applies to you greatly depends on the Defense that is presented on your case.