What are the penalties for a 1st time intoxication assult in texas? I have never been in trouble or had any alchol issues...

Intoxication Assault is a Third Degree Felony in Texas. It is punishable from 2 - 10 years in prison and can carry a maximum fine of $10,000. That is not to say that you will be doing that time, but that is the penalty range for this type of case. There is nothing stopping plea negotiations from agreeing to a lesser penalty such as probation, or reduction of charges to a lesser penalty range, etc. Below are the pertinent code for the criminal act you described. § 49.07 Intoxication Assault. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (c) An offense under this section is a felony of the third degree. § 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000. Best, Florencia Rueda Attorney at Law www.youraustinattorney.com Note this is not legal advice and should not be a substitute for you seeking a lawyer and legal advice.

You definitely need a good lawyer. The other answer is correct about the potential sentences. But, you have some mitigating circumstances that need to be presented correctly and considered. You may need to have a psychological evaluation done, through your attorney's direction, to help the prosecutor and judge, and possibly the jury, if necessary, understand. It is not a defense at all to the offense, but it may help with punishment.

I am sorry to hear what has happened to you. You need to hire a good attorney to represent you and convey all this information to the prosecutor. Your case is a third degree felony, which is punishable by 2- 10 in TDC or probation or even deferred if the state is willing to offer it.