Protecting Clients and Getting Dismissals
If you or a loved one is facing assault charges in Texas, you may feel afraid about what will happen next. Many individuals who are charged with violent crimes feel lost or confused about how to fight their charges. The consequences for these crimes are severe, resulting in a criminal record that could cause you to lose your job and prevent you from gaining employment in the future. With the severity of the penalties for assault charges, including domestic violence, assault with a deadly weapon, threat of bodily harm, statutory rape, or any other alleged assault, you need a confident, aggressive criminal defense attorney who will fight for your case’s dismissal.
State prosecutors come with an immense amount of training and a desire to put criminals behind bars. However, those accused of assault in Texas aren’t always guilty. Anyone who faces charges of simple or aggravated assault has rights that must be protected. To do so, you need a strong criminal defense legal team who will offer the counsel and representation you need at this critical time.
To protect your rights and help you through the complex criminal justice system, please reach out to our criminal defense attorneys right away. You have a short time to fight your charges and get your case dismissed, removing this from your public criminal record. Call Metzger Law Firm, PLLC, at 713-597-2677 for a free, confidential consultation to find out how we can help you fight your criminal charges.
What Is An Assault Crime According to Texas Law?
Assault cases are taken very seriously in the State of Texas, and understanding how the law defines assault is essential when fighting your assault charge. There are various types of assault, including threats of physical assault, physical contact causing serious bodily injury, sexual assault, and more. Depending on the nature of your actions, you could be charged with simple assault or aggravated assault.
Simple Assault
Simple assault charges involve an individual threatening to harm someone else. These assault charges could also involve physical contact that was not desired and is offensive. Therefore, sexual assault usually falls within the category of simple assault unless serious bodily injury occurs during the act.
Aggravated Assault
Aggravated assault occurs when a person carries through with the threat of violence, causing serious bodily harm. If the individual carries out a crime while wielding a firearm or other deadly weapon, this may also be considered aggravated assault. Aggravated sexual assault falls within this same category.
What Are the Penalties for an Assault Crime Conviction?
Simple assault charges usually result in a misdemeanor, while aggravated assault can result in felony charges. Misdemeanor assault is treated less severely than felony assault.
Misdemeanor Assault
A misdemeanor assault may include charges such as:
- Domestic violence
- Simple assault
- Offensive contact
- Unwanted physical contact
- Physical harm without a deadly weapon
If you are convicted of Class C Misdemeanor assault, you may expect to be fined up to $500. However, domestic violence can result in a Class A Misdemeanor and lead to sentencing of up to one year in jail and a $4,000 fine. Additionally, domestic violence convictions may preclude you from owning a firearm.
Felony Assault
Some individuals may have a simple assault charge bumped up to a third-degree felony if:
- The alleged victim is a public servant performing their duty.
- The alleged victim is the person’s spouse or another family member, and you have a prior domestic violence conviction.
- The assault charges involve the alleged choking of the victim.
Felony assault may result in up to ten years in prison and a fine of up to $10,000. If the charge is increased to a second-degree felony, the sentencing could be up to 20 years in prison. Fighting your federal charges can be done with an experienced lawyer. Reach out to our law offices immediately if you are charged with assault and have been previously convicted of family violence or any other assault charge.
How Can Hiring a Defense Attorney Help Me Beat My Conviction?
A skilled criminal defense attorney can help you defeat your assault charges. Your lawyer can ensure that your rights are protected during the investigation and will conduct their own research to turn up facts that prove you don’t deserve the maximum sentencing. A criminal defense attorney will also offer counsel while you are interacting with law enforcement officials. They can help you understand when to exercise your right to remain silent and guide you through answering police officers’ questions to avoid accidental self-incrimination. Of course, your criminal defense lawyer will also fight aggressively before a judge for the dismissal of your case.
Some defenses that can help get your sentencing lowered or result in a dismissal include:
- Self-defense – If your assault charges are the result of actions made in self-defense, you could avoid an assault conviction.
- Defense of another person – You have a legal right to protect others who are in danger of being harmed. If your actions were in defense of another person, your defense attorneys can use this as an effective defense strategy.
- Consent – Proving consent, such as in cases of sexual assault, can be difficult. However, a skilled criminal defense attorney can help prove that the other person consented to the sexual activity. Another example of consent is when physical contact with another is consensual, such as in a boxing match.
Should You Hire Our Assault Crime Defense Attorneys?
If you are facing assault charges, you need to act immediately to avoid the devastating consequences that could come with a conviction. Our dedicated team of criminal defense lawyers is ready to take every necessary action to introduce reasonable doubt to the prosecution’s argument.
Our legal team is led by Attorney Mark Metzger III, who protected the innocent as a Marine and continues to use this passion to defend his clients in and out of the courtroom. Call our law firm right away to schedule your free consultation at 713-597-2677.