You were hanging out at a local bar, maybe had a little too much to drink. Somebody bumps into you, you push back. He throws a punch, you respond in kind. The fight is broken up by club security before the situation gets out of hand; your friends drag you out and take you home. The next day the police show up at your place and arrest you for assault. Why are you facing bar fight charges? You didn’t start it! What will you do now?
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It’s important to remember that you have rights in situations like this. If you have been arrested for assault after a bar fight in Houston or other altercation, it is important to seek qualified legal help. Depending on the circumstances, the penalties for assault in Texas can include fines and/or jail time. Having an experienced Houston assault attorney defending you could result in lesser penalties or even having the charges dropped altogether.
Can You Get Arrested for a Bar Fight in Houston?
Absolutely, being involved in a bar fight can lead to assault charges in Texas. These charges hinge on whether your actions met the legal definition of assault, which includes:
- Intentionally causing bodily injury (e.g., punches, kicks, shoves that result in injury)
- Threatening someone with imminent bodily injury (e.g., swinging a fist, verbal threats coupled with aggressive actions)
- Making unwanted physical contact that the other person finds offensive or provocative (e.g., shoving someone in a crowded space, throwing a drink)
In bar fight scenarios, the focus often falls on the offensive or provocative contact. This could include a shove in a crowded dance floor, throwing a drink on someone, or grabbing someone’s clothing in a heated argument.
Remember: Even if you didn’t start the physical altercation, you can still be charged with assault if your actions meet this definition.
Bar Fight Assault Charges in Texas
A night out can quickly turn sour if you find yourself involved in a bar fight. Even if you feel you acted in response to provocation, you could face assault charges in Texas. Here’s what you need to understand:
The Stakes
Assault charges in Texas range from misdemeanors to felonies, depending on the severity of the incident. Misdemeanor convictions can result in fines and jail time, while felonies carry much steeper penalties, including lengthy prison sentences.
Severity and Charges
The severity of the charges you face will depend on several factors, including:
- Injuries: If anyone involved sustained injuries, the charges will likely be more serious.
- Victim: The identity of the victim can also play a role. Assaulting a security guard, police officer, or other designated official carries harsher penalties.
- Your Actions: The specific actions you took during the fight will be considered. Throwing a punch is different from shoving someone in self-defense.
Examples of Misdemeanor Bar Fight Assault Charges in Houston
- Class C Misdemeanor: Shoving someone in a crowded bar with no injuries. Class C misdemeanors are punishable by a fine of up to $500
- Class A Misdemeanor: Throwing a drink on someone, causing minor injuries. Punishable by up to a year in a county jail and a fine of up to $4,000
Examples of Felony Assault Charges for a Bar Fight in Houston
- Third-Degree Felony: Assaulting a security guard while they try to break up the fight. Punishable by a prison sentence of 2 to 10 years and fines up to $10,000.
- Second-Degree Felony: Seriously injuring someone with a weapon during a bar fight. Punishable by prison sentence of 2 to 20 years and fines up to $10,000.
Remember: This is not an exhaustive list, and the specific charges you face will depend on your unique situation.
What to Do Next
If you’ve been arrested for bar fight charges, don’t wait. Contact an experienced Houston assault attorney immediately. An attorney can help you understand the charges you’re facing, navigate the legal system, and fight for the best possible outcome.
Defending Against Bar Fight Charges
Facing bar fight charges can be stressful and confusing. Don’t go it alone. An experienced Houston criminal defense lawyer will be able to review the facts in your particular case and build a strong defense strategy. Here are some potential defenses to consider:
Dispute the Evidence
Your lawyer can challenge the prosecution’s case. This might involve questioning:
- Witness accounts: Did they actually see the assault take place? And if they did, what mental condition were they in at the time of the alleged result? How many drinks had they consumed? And what is the relationship of the eyewitnesses to the victim?
- The severity of alleged injuries: Your lawyer can review medical records, investigate pre-existing conditions, and examine witness accounts to see if the claimed injuries align with the fight’s nature and timeline.
- The very definition of “assault”: Did an assault – in the legal sense of the term – even take place? If an assault actually took place, what is the evidence that you were responsible?
Affirmative Defense
Another strategy is the affirmative defense — you admit that you that you assaulted the person but that you had legal justification for doing so.
- Self-Defense: If you can demonstrate a reasonable fear of imminent harm and used only the force necessary to protect yourself, you might have a self-defense claim. The burden lies with you to prove self-defense, so having a lawyer navigate this complex area is crucial.
- Defense of Others: Similar to self-defense, you might have a defense if you intervened to protect someone else from harm during the bar fight. The key is to show your actions were reasonable and necessary.
Remember: Every case is unique. The best defense strategy will depend on the specific circumstances of your bar fight. Consulting with an experienced lawyer is essential to understand your options and explore the most effective defense for your situation.
Frequently Asked Questions About Assault Charges in Texas
What are the long-term consequences of an assault conviction in Texas?
An assault conviction in Texas can have serious long-term consequences, including jail time, fines, a criminal record that can impact employment and housing opportunities, and difficulty obtaining professional licenses. This is why seeking legal representation to fight the charges or negotiate a favorable outcome is crucial.
What is the statute of limitations on bar fight assault charges in Texas?
The statute of limitations for assault charges in Texas varies depending on the severity of the offense. Misdemeanor assault charges generally have a two-year statute of limitations, while felonies can be prosecuted for three to 10 years, or even have no time limit in some cases. An attorney can advise you on the specific statute of limitations applicable to your case.
What happens if there’s a mistrial in my assault case?
A mistrial occurs when the jury cannot reach a verdict. In this case, the judge will declare a mistrial and the prosecution will have the option to retry the case. An attorney can advise you on the potential implications of a mistrial and your options moving forward.
Speak With Experienced Attorney Lisa Shapiro Strauss Today
Don’t let a conviction for misdemeanor or felony assault in Texas ruin your future. Houston assault attorney Lisa Shapiro Strauss has been successfully representing individuals facing assault and other criminal charges for 25 years. She devotes significant time, personnel and resources to each case to ensure the highest standard of service.
As an experienced criminal defense attorney and former prosecutor, Lisa Shapiro Strauss knows how the criminal justice system works and what it takes to get the best results for her clients. If you have been charged with assault or another crime, don’t put your future in jeopardy. Contact Lisa Shapiro Strauss at (713) 449-9922 to schedule a free consultation with an experienced assault defense attorney in Houston.
