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Assault Family Violence
Assault Family Violence cases are common in Texas criminal law. Even a dismissal can have a lasting impact on your right to own a firearm and can be a permanent stain on your record you can't remove if not handled properly. If your case involves a protective order it's especially important you hire a good attorney.
Assault Bodily Injury
Assault charges are very fact specific. There are a number of defenses such as self defense, mutual combat, defense of property and defense of others that may win your case. A good attorney can help you spot the defense and expose the complaining witness at trial.
Assault Strangulation
When an assault is alleged to have involved the restriction of the normal breathing of the complaining witness the crime is elevated to a felony. It's important your lawyer knows how to judge the strength of the evidence in these types of cases.
Aggravated Assault
An assault becomes an aggravated assault if it involves a weapon or causes serious bodily harm. If there is a deadly weapon finding it can seriously impact on your punishment. Resolving these types of cases involves many decisions you should not make without a lawyer.
Assault on a Peace Officer
Being accused of assaulting a police officer is more common than you think. Often times these accusations stem from a misunderstanding during the arrest. Without an attorney fighting for you these cases can easily become much more serious than at first glance.
Assaults
What is an Assault?
Under Texas Penal Code § 22.01, an assault is committed if a person intentionally, knowingly, or recklessly causes bodily injury, threatens another with imminent bodily injury, or causes provocative/offensive physical contact.
Classification and Penalty Range of Assault Cases
CLASS C MISDEMEANOR: If the alleged assault didn't result in any bodily injury or pain but was still unwanted it will be filed as a class c misdemeanor. No jail time possible and max penalty is $500. If against a roommate, family members or boyfriend/girlfriend you could get an AFFIRMATIVE FINDING OF FAMILY VIOLENCE. The affirmative finding will follow you around so its important you take these cases very seriously.
CLASS B MISDEMEANOR: If the alleged assault did involve injury but it wasn't against a roommate, family member, or boyfriend/girlfriend. Penalty range is 180 days in jail to 1 year in county jail and or a fine not to exceed $2,000.
CLASS A MISDEMEANOR: If the alleged assault did involve injury and was against a roommate, family member, or boyfriend/girlfriend. Penalty range is 1 to 2 years in county jail and or a fine not to exceed $4,000.
THIRD DEGREE FELONY: if the alleged assault is your second assault family violence charge within one year, is an assault is on a public servant, is a family violence assault with a previous assault family violence conviction, is an assault on a pregnant woman or if you are accused of choking during the assault you will be charged with a third degree felony. The penalty range is 2 to 10 years in state prison and or a fine not to exceed $10,000.
SECOND DEGREE FELONY: If you are accused of causing serious bodily harm, using or exhibiting a deadly weapon, or committing a sexual assault you will be charged with a second degree felony. The penalty range is 2-20 years and or a fine up to $10,000.