We help good people facing Assault Charges around Austin, TX.
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. Our experienced legal team is committed to fighting for your rights and freedom.
Read on to learn more about how our assault attorney in Austin can provide a strong defense strategy to protect your future.
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 as recklessly causing bodily injury to someone else, threatening imminent bodily injury to another person, or physical contact with someone in an offensive or provocative manner.
Examples include pushing someone, making threatening gestures, or throwing objects at another person. This is the most common type of assault charge. 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.
Examples of aggravated assault include using a gun or knife to threaten someone, causing severe physical harm to another person, or assaulting a police officer. Aggravated assault is considered a more serious crime than simple assault and can carry harsher consequences.
Sexual Assault and Aggravated Sexual Assault
Assault of a sexual nature in Texas can include forcible intercourse, intercourse, or penetration without consent, as well as coercive sexual acts.
Aggravated sexual assault refers to sexual assault that involves additional factors, such as causing serious bodily injury or using a deadly weapon during the assault, and it carries more severe penalties.
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.
Aggravated sexual assault involving family violence may further intensify the legal consequences and restrictions faced by the offender. Texas takes sexual assault very seriously, and those convicted of these offenses may face significant prison time, hefty fines, and a registry as a sex offender.
Penalties and Consequences of Assault Convictions in Austin
Sexual Assault
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, several defenses 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. A defense attorney may be able to establish that the accused did not intend harm, and therefore, the charges should be dropped.
Insufficient Evidence
Under Texas law, to prove assault or aggravated assault, it must be established beyond a reasonable doubt that an offense occurred. If the evidence presented is insufficient or contradictory, an experienced attorney can work on building a strong case for dismissal of the charges.
How an Austin Criminal Defense Lawyer Can Help You
Facing assault charges can have a significant impact on your life. In addition to potential legal consequences, the stigma and social repercussions of being accused of an assault crime can be damaging.
That's why it's crucial to seek legal representation from a skilled Austin criminal defense lawyer as soon as possible. An experienced attorney will help you in several ways, including:
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Building a Strong Defense: An assault defense lawyer will thoroughly investigate the case to identify any weaknesses in the prosecution's evidence and determine which defenses are applicable.
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Protecting Your Rights: A criminal defense attorney will ensure that your constitutional rights are protected throughout the legal process. This includes ensuring that law enforcement officers do not violate your rights during arrest or questioning.
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Negotiating with Prosecutors: In some cases, an attorney may be able to negotiate with prosecutors for reduced charges or lesser penalties.
At Jason S. English Law, PLLC, we understand the complexities of assault cases and can provide you with sound legal advice and representation. We have experience handling both misdemeanor and felony assault charges, including those involving domestic violence.
If you or a loved one is facing an assault conviction in Austin, contact us today for a confidential consultation. Our team of experienced attorneys will fight tirelessly to defend your rights and protect your future.
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.
