Assault in Drug or Alcohol-Related Incidents: How Substance Use Impacts Charges

Does Being Drunk or High Affect Your Assault Charges in Texas?

Many assault cases in Texas begin the same way — a night out, a heated argument, alcohol or drug use, and an unexpected arrest. Whether the incident happens at a bar, party, home gathering, or on the street, intoxication is often a central part of the story.

But what most people don’t realize is this: Being intoxicated does not reduce the seriousness of an assault charge. In fact, it can sometimes make things worse.

This post explains how substance use impacts assault charges, what prosecutors consider during charging decisions, and how an experienced attorney near you can fight to protect your record.

1. Alcohol or Drug Use Does Not Excuse Assault in Texas

Under Texas Penal Code § 22.01, assault includes:

• Causing bodily injury,
• Threatening imminent harm, or
• Making offensive contact — even if you were intoxicated at the time.

Texas law generally does not allow voluntary intoxication as a defense to criminal conduct (Tex. Penal Code § 8.04). That means:

“Being drunk or high is not a legal excuse for assault.”

Examples of Common Scenarios:

• Bar fights after drinking
• Domestic disputes under the influence
• Shoving someone during a drug-induced argument
• Threats made during intoxicated rants

Whether it’s Class C, Class A, or felony assault, the court will treat intoxication as part of the factual background — not a shield from liability.

2. When Substance Use Makes Charges Worse

In some cases, being intoxicated can actually enhance or aggravate your assault charges, especially if:

1. You Used a Weapon While Under the Influence

Even showing a weapon while intoxicated during a fight can escalate charges to Aggravated Assault – Deadly Weapon, a second-degree felony.

See: Assault with a Deadly Weapon Charges in Texas

2. You Caused Serious Injury While Drunk or High

If someone suffers serious bodily injury, the charge may escalate from Class A Misdemeanor to Aggravated Assault, carrying 2–20 years in prison.

3. You Assaulted a Protected Class While Intoxicated

• Police, EMTs, teachers, elderly, or disabled persons
• These become third- or second-degree felonies regardless of intoxication

See: Assault Against Public Servants: Police, EMTs, Teachers

3. Assault Charges Commonly Arising from Substance-Related Incidents

Class C Assault – Misdemeanor

• Verbal threats or offensive contact in bars or parties
• No injury, but still a criminal record

Class A Assault – Bodily Injury

• Common in alcohol-fueled arguments with friends, partners, or strangers
• Often filed as Assault – Family Violence if a partner is involved

See: Simple Assault Charges: Texas Laws and Penalties (Class C and A)

Felony Assault

• Occurs when there’s prior history, serious injury, or weapon use
• Also applies in repeat offenses where intoxication is part of a pattern

See: Misdemeanor vs. Felony Assault Charges in Texas Courts

4. Can Substance Use Ever Be a Defense?

In limited circumstances, your criminal defense attorney near you may raise:

• Involuntary intoxication (e.g., drugged without knowledge)
• Lack of specific intent, if required for a particular offense
• Mental state defenses, if intoxication impaired understanding of actions

But these defenses are rare and must be supported with medical or expert testimony, not just personal claims.

5. How Prosecutors Handle Alcohol/Drug-Related Assaults

In counties like Harris, Fort Bend, and Galveston, prosecutors may:

• Add enhancements based on weapon use or prior offenses
• File protective orders, especially in family violence cases
• Push for anger management or substance abuse treatment as part of probation

Your attorney near you must navigate these additional conditions and work toward dismissal or reduction before trial.

6. Can Intoxicated Assault Charges Be Dismissed or Reduced?

Yes — especially if:

• The alleged victim was also intoxicated
• There’s mutual combat
• No one was seriously injured
• There are witness credibility issues

Your lawyer near you can challenge:

• 911 recordings (under Tex. R. Evid. 803(2))
• Body cam or surveillance footage
• Conflicting statements
• Medical reports exaggerating injury

7. Deferred Adjudication or Pretrial Diversion for Substance-Fueled Assault

In some counties, courts offer pretrial diversion or deferred adjudication for:

• First-time offenders
• Low-level Class C or Class A charges
• Cases involving alcohol-fueled arguments without serious injury

These programs may include:

• Substance abuse counseling
• Anger management classes
• Community supervision

But even deferred adjudication may still carry a family violence finding, which cannot be sealed.

8. Long-Term Consequences of Assault Charges — Intoxicated or Not

Even if your charge stems from a single intoxicated incident, the consequences can include:

• Permanent criminal record
• Firearm bans
• Employment and licensing barriers
• Custody issues
• Ineligibility for record sealing (in family violence cases)

That’s why you should never plead guilty to an assault — even if it happened during a night of drinking — without speaking to a qualified criminal defense attorney near you.

9. How a Lawyer Near You Can Help

A skilled attorney near you can:

• Push for case dismissal or reduction
• Highlight mitigating factors like voluntary treatment
• Challenge aggravating factors like weapon use or intent
• Pursue diversion options early in the process

At Walker Law Office, we’ve helped clients in bar fights, domestic altercations, and party disputes — many involving substance use. We know how to work with local prosecutors and judges in Harris County, Fort Bend County, and Galveston County to resolve cases effectively.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced attorney near you.

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