Getting charged with assault in Texas can be a very difficult and scary experience. However, there are several different things you can do to protect yourself and your rights.
Simple assault
Whether you are charged with simple assault or aggravated assault, it is important to know your rights. Contacting a skilled defense attorney is an effective way to avoid a criminal record and other damaging consequences. Depending on your circumstances, you may be able to negotiate a lesser charge or probation.
First, prosecutors must prove that you intended to inflict bodily harm. The victim must have believed that they were in danger of being harmed because of the assault. The prosecutors must also prove that the victim was threatened. The assault may be intentional or accidental.
If the victim is a government employee or security guard, the charge is upgraded to a third degree felony. A third degree felony is punishable by a fine of up to $10,000 and a prison term of up to ten years.
In some cases, the accused can claim self-defense, defending property or a mistaken identity. However, you should not take this defense lightly. You will need to hire a San Antonio criminal defense attorney that knows how to win and has proven strategies to combat the State’s case.
If you are accused of simple assault, you should avoid further contact with the accuser. Your attorney can advise you on the best trial option.
Raising self-defense
Whether or not you need to raise self-defense to beat an assault charge in Texas is dependent on a number of factors. For instance, did the perceived assailant mean physical harm? Do the facts support the claims of self-defense? Does the force used match the victim’s force?
If the perceived assailant did not mean physical harm but threatened to do so in the future, the law does not allow self-defense. However, if the perceived assailant actually meant to harm you, self-defense may still be valid. The laws are very complex and vary from state to state. If you are facing an assault charge, a criminal defense attorney can help.
In Texas, self-defense is only permitted in a few situations. One of these situations is called the Castle Doctrine. This doctrine was enacted in 1995 and allows individuals to act in self-defense in certain situations. These include defending one’s home, vehicle, or other property from a stranger.
Another self-defense defense is the defense-of-others defense. This can be used to protect a stranger or a family member.
Getting the charges dropped
Getting the assault charges dropped in Texas is not always easy. Many prosecutors are unwilling to drop charges without legal counsel. Fortunately, there are several things you can do to convince the prosecution to drop your charges.
It’s a good idea to find a skilled San Antonio criminal defense attorney to help you navigate the legal maze. Clarissa Fernandez Pratt examine your case and look for the loopholes that could get your charges dropped. Depending on your unique circumstances, they may also help you find new evidence to help prove your case.
Punishment
Getting arrested and facing a criminal charge for an assault is very intimidating. The penalties can range from fines to jail time, and you wonder what will happen to you. The truth is that Texas criminal laws are changing all the time, and you should always consult with a Texas criminal defense lawyer before pleading guilty to a crime.
An assault in Texas can be categorized as either a misdemeanor or felony. Misdemeanors are punishable by up to one year in jail and a fine of up to $4,000. The penalties can be increased if the assault involves a deadly weapon. A third-degree felony is punishable by two to ten years in jail and a fine of up to $10,000.
Aggravated assault in Texas is usually a second-degree felony. The crime can be elevated to a first-degree felony if the victim was a police officer, a public official, or an informant. The crime can also be elevated to a first-degree aggravated assault if the assault was committed against a romantic partner.