An assault or battery charge can have serious consequences for your future. If you’re facing these accusations, you need a strong legal team with a proven track record. DeGuerin & Dickson is a Houston-based law firm with a deep understanding of Texas assault and battery laws and the strategies needed to build a robust defense.
Assault & Battery Charges: Your Defense Starts Here
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Understanding Assault & Battery Charges
Assault and Battery are serious criminal charges that can have lasting impacts on your life. While often mentioned together, they are distinct offenses:
Assault: Typically involves the threat or attempt to inflict harm on another person. This can occur even without physical contact if the victim has a reasonable fear of imminent harm.
Battery: Involves the actual physical contact or harm inflicted on another person. This could range from minor physical contact to severe injuries.
What is an Assault Charge in Texas?
In Texas, an assault charge can encompass various actions that threaten or cause harm to another person. The Texas Penal Code defines assault in several ways, each carrying different legal implications and potential penalties.
Types of Assault in Texas
Simple Assault: This is the most common form of assault and can occur in three primary ways:
- Intentionally or knowingly causing physical contact with another person when the individual knows or should reasonably believe that the other person will regard the contact as offensive or provocative.
- Intentionally or knowingly threatening another person with imminent bodily injury.
- Intentionally, knowingly, or recklessly causing bodily injury to another person, including the person’s spouse.
Aggravated Assault: This is a more severe form of assault and involves:
- Causing serious bodily injury to another person, including the person’s spouse.
- Using or exhibiting a deadly weapon during the commission of the assault.
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Penalties for Assault
The penalties for assault in Texas vary based on the severity of the offense and other factors such as the relationship between the parties involved and the presence of any aggravating circumstances:
- Class C Misdemeanor: Usually applies to simple assault involving threats or provocative physical contact without injury. Penalties can include a fine of up to $500.
- Class A Misdemeanor: Typically applies to simple assault causing bodily injury. Penalties can include up to one year in jail and a fine of up to $4,000.
- Third-Degree Felony: Applies to aggravated assault without a deadly weapon causing serious bodily injury. Penalties can include 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony: Applies to aggravated assault with a deadly weapon or causing serious bodily injury. Penalties can include 2 to 20 years in prison and a fine of up to $10,000.
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How DeGuerin & Dickson Can Help
At DeGuerin & Dickson, we understand the complexities and seriousness of assault and battery charges. Our experienced legal team is dedicated to providing the highest level of defense to protect your rights and future.
Comprehensive Case Evaluation
We start with a thorough review of the details surrounding your case. Understanding the context, evidence, and any potential weaknesses in the prosecution’s case is crucial.
Personalized Defense Strategy
Every case is unique. We develop a customized defense strategy tailored to your specific situation. This may include challenging the evidence, questioning witness credibility, and exploring all possible defenses.
Aggressive Representation
Our attorneys are known for their aggressive defense tactics. We fight tirelessly to get charges reduced or dismissed, and if necessary, we are prepared to go to trial to defend your rights.
Expert Negotiation
When appropriate, we negotiate with prosecutors to seek the best possible outcome, such as reduced charges or alternative sentencing options that minimize the impact on your life.
Support and Guidance
We provide continuous support throughout the legal process, ensuring you understand your rights and options every step of the way.
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FAQ regarding Assault & Battery Charges
Q: What is the difference between assault and battery in Texas?
A: In Texas, the legal distinction between assault and battery is not as pronounced as in some other states. Under Texas law, assault includes acts that might be considered both assault and battery elsewhere. Specifically, assault can involve:
- Intentionally or knowingly threatening another person with imminent bodily injury.
- Intentionally or knowingly causing physical contact that the other person finds offensive or provocative.
- Intentionally, knowingly, or recklessly causing bodily injury to another person.
Q: Can assault charges be dropped in Texas?
A: Assault charges can sometimes be dropped, but this depends on the specifics of the case. Factors that may influence the dropping of charges include lack of evidence, witness testimony, and legal defenses presented by the defense attorney. It is essential to have an experienced attorney who can negotiate with the prosecution and advocate for your interests.
Q: What are common defenses against assault charges?
A:
Common defenses against assault charges in Texas include:
- Self-Defense: Claiming that you acted to protect yourself from imminent harm.
- Defense of Others: Arguing that you acted to protect another person from imminent harm.
- Consent: Asserting that the alleged victim consented to the contact.
- Lack of Intent: Demonstrating that the action was accidental and not intentional.
Q: How does a prior criminal record affect assault charges?
A: A prior criminal record can significantly impact the severity of assault charges and penalties. Repeat offenders may face enhanced charges and harsher penalties. Prior convictions can also influence plea negotiations and the outcome of the trial.
Q: What should I do if I am accused of assault?
A:
If you are accused of assault, take the following steps:
- Remain Silent: Do not speak to law enforcement without an attorney present.
- Contact an Attorney: Immediately seek legal representation from an experienced criminal defense attorney.
- Avoid Contact with the Alleged Victim: Comply with any protective orders or bail conditions to avoid further legal complications.
- Document Your Account: Write down everything you remember about the incident, including any witnesses who might support your defense.
Q: Can an assault conviction be expunged from my record?
A: Expungement of an assault conviction in Texas depends on various factors, including the nature of the offense and whether you successfully completed any probation or deferred adjudication programs. An experienced attorney can help determine if you are eligible for expungement or record sealing.
Disclaimer: This FAQ provides general information and is not a substitute for legal advice. If you are considering an appeal, consult with a qualified criminal appeals attorney to discuss your specific situation.
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Factors Influencing the Severity of Charges
Several factors can influence the severity of assault charges in Texas, including:
- The nature of the injury: Serious bodily injury or the use of a deadly weapon can elevate charges from a misdemeanor to a felony.
- The relationship between the parties: Assaults involving family members, household members, or dating partners may carry enhanced penalties.
- The defendant’s criminal history: Repeat offenders may face harsher penalties.
- Specific circumstances of the incident: Factors such as the location of the incident, the presence of minors, and the defendant’s intent can affect the severity of the charges.
