Understanding Assault Charges in Austin
Assault is a crime that is taken very seriously in Texas. The Texas law makes it illegal to threaten another person or cause offensive or provocative contact or bodily harm.
The definition of assault is broad, so you may face an assault charge even if you don't actually touch the other person. That's why assault charges shouldn't be taken lightly, even if you know you believe you are innocent of provoking the incident.
Hiring an experienced assault attorney can be essential to successfully navigating the complexities of Texas law and ensuring the best possible outcome.
If you find yourself caught up in the criminal justice system in Austin, TX, bear in mind that the stakes are high. The decisions you make now could impact your future. We at Jason S. English Law, PLLC, know the circumstances leading up to an assault can be complex. We are committed to fighting for your rights and freedom.
Types of Assault Charges in Texas
In Texas, assault charges can vary in severity based on the circumstances. Understanding these differences is crucial for navigating the legal landscape.
Simple Assault
Simple assault is defined in Section §§ 22.01 of the Texas Penal Code. It generally involves verbal threats, unwanted physical contact, or recklessly causing bodily injury to another person. Examples include threatening someone with harm or lightly pushing another person during an argument. Penalties can vary, depending on whether the alleged assault is considered a misdemeanor or a felony.
Aggravated Assault
Aggravated assault is more severe. It occurs when a deadly weapon is used or when the assault causes serious bodily injury. Aggravated assault offenses are usually charged as either a second-degree felony or a first-degree felony. In addition to penalties that can include years behind bars, those convicted of aggravated assault may also have to pay restitution to the victim.
Sexual Assault
Assault of a sexual nature in Texas can include forcible intercourse, intercourse or penetration without consent, as well as coercive sexual acts. If sexual assault is committed against a family member, it is considered family violence. Family violence assault against a family member, those in a dating relationship, or those in the same household may be subject to additional penalties and restrictions.
Penalties and Consequences of Assault Convictions in Austin
Assault charges in Austin can be classified as either misdemeanors or felonies. Misdemeanor assault often involves minor injuries or threats. Felony assault, on the other hand, includes severe injuries or the use of a weapon.
If an assault is considered a misdemeanor, under the Texas Penal Code, consequences can include:
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Class C Misdemeanor: Fines up to $500, usually involving no jail time.
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Class B Misdemeanor: Fines up to $2,000 and up to 180 days in jail.
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Class A Misdemeanor: Up to 1 year in jail and fines up to $4,000.
If an assault is considered a felony under the Texas Penal Code, consequences can include the following:
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Third-Degree Felony: 2 to 10 years of incarceration and fines up to $10,000.
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Second-Degree Felony: 2 to 20 years of incarceration and similar fines.
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First-Degree Felony: 5 years to life imprisonment and fines up to $10,000.
Assault convictions can have lasting impacts beyond legal penalties. These may affect employment opportunities, housing applications, and personal reputation.
Legal Defenses Against Assault Charges
In Texas, there are several defenses that may be employed when you have been charged with assault or aggravated assault.
At Jason S. English Law, PLLC, we are committed to thoroughly investigating the circumstances surrounding an assault case to establish which of these defenses would be applicable.
Self-Defense
In some assault cases, claiming self-defense can be a strong legal strategy. Under Texas Stand Your Ground law, a person has the right to protect themselves when attacked. However, the law doesn't allow the use of excessive force. Building a strong self-defense case can hinge on the evidence you can provide and present the circumstances that led to using force. The help of skilled Austin assault defense attorneys can be invaluable.
Defense of Others
Another possible strategy is the defense of others. It applies when someone takes action to protect another person from harm. For instance, stepping in during an altercation to shield a friend might warrant this defense. Again, Texas Stand Your Ground law mandates that it is necessary you reasonably believe using force is justified and that your intervention is "immediately necessary to protect the third person."
Lack of Intent
Another defense route is proving a lack of intent. Sometimes, harm occurs without any intention to cause it. In these cases, accidental actions can be argued as unintentional, and any potential harm caused can be argued as not deliberate.
How an Austin Criminal Defense Lawyer Can Help You
The effects of an assault criminal conviction can have long-lasting consequences on a person's life. In such cases, experienced criminal defense lawyers can be the only thing standing between a light sentence and a much stiffer punishment.
At Jason S. English Law, PLLC, we investigate each assault case carefully. We typically focus on challenging the prosecution's claims from the start.
We actively negotiate with prosecutors to seek charge reductions or plea deals. We aim to lessen the impact of assault charges on your life, striving to achieve the most favorable outcome.
If your case goes to trial, we are ready to fight for you in court. Our Austin criminal attorneys are dedicated to providing aggressive legal representation and ensuring your rights are upheld.
Protect Your Future with an Experienced Assault Attorney in Austin, TX
When facing assault charges, hiring an experienced criminal defense attorney can be crucial.
Why choose Jason S. English Law, PLLC?
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Years of Experience: Our firm has a deep understanding of assault laws in Austin.
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Personalized Approach: We tailor our strategies to fit the unique details of each case.
We work closely with our clients to ensure their rights are defended. Our team offers clear legal guidance, keeping you informed at every step of the process.
If you are facing an assault charge, acting quickly can be vital. Reaching out to our Austin criminal defense attorneys for a free consultation allows us to begin building a strong defense right away. The sooner we start, the better we can prepare to address your legal needs effectively.
Frequently Asked Questions
What Should I Do If I'm Arrested for Assault in Austin?
If you're arrested, it's important to stay calm. Avoid talking about the case with anyone except your attorney. Don't answer any questions about the incident without legal counsel present. Contacting a skilled criminal defense attorney in Austin as soon as possible can be beneficial to the outcome of your case.
How Long Will an Assault Case Take to Resolve?
The timeline for an assault case can vary. Typically, a criminal case starts with an arrest and then moves to arraignment. After that, the period for trial preparation or negotiation for a plea deal begins. Most cases take several months, but some may take longer, especially if they go to trial.
Can Assault Charges Be Dropped?
Yes, charges can be dropped, but that requires a comprehensive legal strategy and a thorough understanding of the Texas criminal justice system. The prosecutor usually makes this decision. Factors such as lack of evidence, establishing a credible self-defense claim, or witness statements can influence this decision. Even the alleged victim's wishes can affect this decision if there is no overwhelming evidence against the defendant. Our legal team can work with you to present a strong case for dismissal when possible.
