Houston Assault Lawyer
Defending Clients Facing Assault Charges in Texas
If you have been charged with the crime of assault, it is encouraged that you take action and speak with the Houston assault attorney at Guy L. Womack & Associates, P.C.! Assault is a criminal offense that is designated a violent crime.
Call us at (713) 364-9913 today for a free consultation with our Houston assault attorneys!
What is Assault?
Assault is a criminal offense that involves intentionally causing fear of physical harm or causing bodily harm to another person. It can include hitting, pushing, threatening, or displaying a weapon. The critical element of assault is the intent to cause harm or fear of harm, and it can occur even if no physical contact is made. In some jurisdictions, there may also be separate charges for attempted assault if the individual intended to cause harm but could not do so.
Assault can be classified into different degrees based on the severity of the harm caused or intended. For example, first-degree assault is considered to be the most serious and may involve the use of a deadly weapon or serious injury, while some jurisdictions also recognize a category of assault called "simple assault," a less severe crime that does not involve using a weapon or serious injury. These actions occur because the other person will view the contact as provocative and offensive.
Texas Assault Penalties
Simple assault of this kind is a Class A misdemeanor, punishable by up to 1 year in county jail, by a fine of up to $4,000, or by both a fine and imprisonment. It may be classified as a third degree felony and may be punishable by up to 10 years in prison depending on certain circumstances, such as if the victim is a public servant or security officer, or if the defendant has a previous conviction of this kind.
How to Beat a Simple Assault Charge
A Texas lawyer can use a number of strategies to beat a simple assault charge, depending on the facts and circumstances of the case. The following are some examples of these strategies:
- Challenging the evidence: Lawyers may argue that the prosecution's evidence is insufficient to support a conviction or that it was obtained unlawfully.
- Self-defense: Lawyers may argue that the defendant used force in self-defense in order to protect themselves.
- Defense of others: Defendants may use force to protect someone else, such as a family member or friend, if they are protecting someone they love.
- Consent: The lawyer may argue that there was no assault since there was no lack of consent from the alleged victim to the conduct that lead to the assault charge.
- Mistaken identity: In the case of a misidentification of a defendant as the perpetrator, a lawyer might argue that the prosecution has the wrong person.
- Plea bargaining: Sometimes, a defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for cooperating with the prosecution or providing evidence against other defendants in exchange for a reduced sentence.
In every case, the facts and circumstances need to be carefully analyzed. The most effective strategy for defending a client against a simple assault charge will be developed by a skilled criminal defense lawyer.
What is Aggravated Assault in Texas?
In Texas, aggravated assault is a serious criminal offense that involves causing severe bodily injury to another person or using or exhibiting a deadly weapon during the commission of an assault. According to Texas law, a person commits aggravated assault if they:
- Cause serious bodily injury to another person, including injury that creates a substantial risk of death or that causes permanent disfigurement or impairment.
- Use or exhibit a deadly weapon during the commission of an assault.
- Threaten another person with a deadly weapon, and the person reasonably believes that the threat is credible.
Aggravated assault is a second-degree felony in Texas, punishable by up to 20 years in prison and a fine of up to $10,000. If the aggravated assault is committed against certain individuals, such as a public servant or a family member, the offense can be enhanced to a first-degree felony, which carries a potential penalty of up to life in prison.
Consult an Experienced Houston Assault Attorney
You must waste no time consulting an experienced criminal attorney in Houston, Texas, regarding your assault or aggravated assault charges. You may be in danger of facing years in state prison and the burden of dealing with a criminal record for the rest of your life. This may lead to limited employment, financial, and housing opportunities and any lost years spent in prison. Make sure your future is protected.
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