Assault is a serious crime in Texas. Depending on the circumstances, a person arrested on assault charges in Texas could be facing misdemeanor or felony charges. Read on to find out what you need to know about the different types of assault charges in Texas, the potential penalties, and defense strategies to avoid a conviction. Our Texas assault charges attorney can make a significant difference in the outcome of your case.
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Understanding Texas Assault Laws
What is assault? Texas state law defines assault as intentionally, knowingly, or recklessly:
- Threatening another person with imminent bodily injury;
- Causing bodily injury to another person; or
- Coming into physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Penalties for Assault Charges in Texas
Causing bodily injury to another person is generally a Class A misdemeanor offense. A conviction could cost you a fine of up to $4,000 and/or up to one year in jail. Threatening another person or coming into unwanted physical contact with another person is generally a Class C misdemeanor. A conviction could get you a fine of up to $500.
Under certain circumstances, such as when the victim is a spouse or family member, the offender may be charged with a felony offense. Sexual assault and aggravated assault are both felonies in the first degree. If you’ve been charged with first-degree felony assault, you could be facing fines of up to $10,000 and between five years and life in state prison if convicted.
Are assault and battery charges different?
In other states, such as California, assault and battery are separate crimes, and suspects can be arrested on both assault and battery charges. The difference between the two? Generally, assault is threatening another with bodily harm; battery is actually attacking and causing bodily harm to another. In Texas, there aren’t different laws for assault and battery. Threatening someone with bodily injury and actually causing bodily injury to another are both considered to be assault under state law.
What To Do If You Are Charged With Assault in Texas
If you’ve been arrested on assault charges in Texas, you need to take immediate steps to protect your rights. Seek professional legal representation as soon as possible after your arrest. Exercise your right to remain silent until you’ve spoken with a lawyer. Your lawyer will be able to help you avoid making any statements that could be used against you at trial.
How To Beat Texas Assault Charges
The best way to beat an assault charge in Texas is to hire a skilled defense lawyer. A defense lawyer will be able to examine the evidence against you as well as the circumstances that led to your arrest and devise a strategy to challenge the case against you.
There are a multitude of criminal defense lawyers in Texas. Selecting the right lawyer to defend you can be difficult. Some of the factors to consider when choosing a defense lawyer include their experience in handling assault cases, their dedication to their client’s cases, how well they communicate with their clients, their availability, and fees.
Defenses to Assault Charges in Texas
Assault cases are rarely open and shut. In most instances, there are many different defense strategies that can be effective against assault charges in Texas.
One of the most common is the “affirmative defense” strategy. An affirmative defense is one that seeks to negate the defendant’s liability in the crime, even if it can be proven that the defendant committed the alleged acts. Examples of affirmative defenses include:
- You acted because you feared for your own personal safety, that of your family or others, or in defense of your property.
- Your conduct did not threaten or inflict serious bodily injury.
- The victim was aware of the fact that your actions placed them at risk of bodily injury but chose to put themselves at risk anyway.
- Law enforcement acted improperly when they arrested you.
Other defenses against assault charges can include:
- The victim’s statements about the incident are false.
- Mistaken identity.
What To Expect in an Assault Trial in Texas
Once your defense lawyer has had a chance to review the state’s case against you’ll have two choices:
- You can plead guilty, in which your lawyer will try to get you probation, a reduced sentence, or a plea agreement.
- You can plead not guilty and exercise your right to have your case decided by a judge or jury, and a trial date will be assigned.
Your lawyer will help you determine which course of action will provide the best outcome for your case.
If you decide to go to trial, what should you expect during the assault trial process?
Choosing a Jury
One of the first steps in the trial process is jury selection. The prosecutor and your lawyer will ask jurors questions, and both sides can reject jury candidates who exhibit bias.
Opening Statements
The trial will begin with the prosecutor and your lawyer giving their opening statements to the jury, outlining their cases.
Presentation of Evidence
The State will make the case that you are guilty of the offenses of which you’ve been charged. They will present evidence they have against you — eyewitness testimony, audio/video, lab reports, etc.
Your attorney will have the opportunity to refute the evidence against you, including cross-examining State witnesses and calling defense witnesses to testify on your behalf.
Closing Statements
Once both sides have presented their evidence, the prosecution and defense will make their final statements to the jury.
Jury Deliberation
The judge in your case will give instructions to the jury on the law and the charges they are to consider when making their decision. Once the jury receives the case, they will deliberate in private until they reach a verdict.
The Verdict
Once the jury has reached their decision, they will return to the courtroom and announce their verdict. If you’re found guilty, the judge will pass a sentence on you. If the jury finds you not guilty, you’ll be acquitted and released.
Frequently Asked Questions (FAQs)
What is the difference between assault and aggravated assault in Texas?
Aggravated assault is a more serious offense and can result in felony charges. The differences between assault and aggravated assault include the severity of the bodily injury caused, the use of a deadly weapon, and the status of the victim (public servant, family member, spouse, etc.).
Is it possible to have assault charges dropped in Texas?
Depending on the evidence in your case, it may be possible to get the charges dropped before trial.
Can I be charged with assault in Texas if I did not physically harm anyone?
Yes. In Texas, you can be charged with assault for verbal threats of bodily injury and making unwanted physical contact with another person.
What is the statute of limitations for assault charges in Texas?
In Texas, prosecutors have two years to file misdemeanor domestic violence charges and three years to pursue felony charges. There is no statute of limitations for filing charges in cases of sexual or aggravated sexual assault.
Can I plead guilty to a lesser charge in an assault case in Texas?
In some cases, a defendant may be allowed to plead guilty to a lesser charge to avoid a more severe sentence.
Speak to Houston Assault Defense Lawyer Lisa Shapiro Strauss About Your Case
Assault charges in Texas are serious and can have significant consequences. If you are charged with assault in Texas, it is crucial to seek legal guidance, understand your rights, and avoid self-incrimination. Hiring skilled Houston assault attorney Lisa Shapiro Strauss can make a significant difference in the outcome of your case.
Don’t wait too long to speak to a lawyer. Contact the law office of Lisa Shapiro Strauss online or by phone at (713) 429-7310 to schedule a free initial consultation to discuss your case.
