Houston Assault Charges Defense Lawyer
There are several assault offenses, including misdemeanor assault, assault family violence, aggravated assault, aggravated sexual assault, and assault of a public servant (often a police officer).
This pages outlines my 2010-2013 Houston assault case results, penalties for assault charges and ways an aggressive assault defense attorney will work to beat an assault charge.
2010-2013 Houston Assault Charge Case Results
Here are some of my recent case results related specifically to assault charges:
Case: State of Texas v. A.H.
Charge: Aggravated Assault with a Deadly Weapon
Result: Not guilty
Case: State of Texas v. G.T.
Charge: Assault of a Police Officer
Result: Not guilty
Case: State of Texas v. C.B.
Charge: Aggravated Assault with a Deadly Weapon
Result: Dismissed
Case: State of Texas v. R.P.
Charge: Assault Family Violence (third degree felony)
Result: Dismissed
Case: State of Texas v. M.K.
Charge: Aggravated Assault Deadly Weapon (2 charges)
Result: Reduced to a misdemeanor
Case: State of Texas v. C.H.
Charge: Assault
Result: Not guilty
Case: State of Texas v. Z.B.
Charge: Aggravated Sexual Assault
Result: Writ of Habeas Corpus granted
Misdemeanor Assault
Typically, misdemeanor assault is defined as causing bodily injury to another person. Texas law defines “bodily injury” as physical pain, illness, or any impairment of physical condition.
This definition is broad—the complaining witness does not need a visible injury for the state to charge someone with assault.
Misdemeanor assault is a Class A misdemeanor in Texas, punishable by up to one year in county jail and a $4000 fine.
Defenses to Misdemeanor Assault
There are several defenses to assault charges in Texas. If an assault lawyer can prove your defense, then you are not guilty of assault. Some defenses include:
- Self-Defense—if you were defending yourself from an attack, you can argue self-defense. In Texas, under a principal known as apparent danger, it may not matter if the other person struck you first.
- Mutual Combat or Consent—Two people voluntarily get into a fight. The loser cannot claim assault just because he lost the fight.
- Defense of a third person—under certain rules, you can assault someone to protect a third person.
- In my experience, assault is a very defensible case. If you are charged with assault, please Contact Me to discuss your case at (713) 487-7575.
Aggravated Assault
Aggravated assault is usually a felony of the second degree; the punishment range is from probation to twenty years in prison.
Aggravated assault can include shooting or stabbing a person, or threatening a person with a knife or a gun. Aggravated assault can also include causing serious bodily injury to someone during a fist fight.
Defenses to Aggravated Assault Charges
There are several defenses to aggravated assault charges. If you are charged with aggravated assault and can prove your defense, then you are not guilty of aggravated assault.
Some defenses to aggravated assault include:
- Self-Defense—for example, someone pulls a knife on you and you pull a gun on them. Or, someone threatens your life and you shoot them.
- Necessity
- Defense of a third person—you threatened a person with a gun to prevent them from attacking a friend or family member.
There are several ways to fight an aggravated assault case. If you are charged with aggravated assault and need an assault defense attorney, please Contact Me to discuss your case at (713) 487-7575.
Assault Family Violence
Assault family violence is typically a Class A misdemeanor, which means the punishment range can include probation up to one year in jail.
Assault family violence is typically charged as causing bodily injury to a family member like a wife. Family violence also includes dating relationships.
The DA’s office treats assault family violence cases seriously. So does the law—a second assault family violence charge is bumped up to a felony charge. An assault family violence deferred adjudication can never be removed from a criminal history. An assault family violence conviction prohibits the right to bear arms.
Defending an Assault Family Violence Charge
Defending an assault family violence charge requires a thorough evaluation of the facts of the case. For example, is there a 911 call from the complaining witness? Can it be kept out of evidence with hearsay rules?
Are there are any injuries? Is self-defense or “mutual combat” an issue? Does the complaining witness want to cooperate with the prosecution? Does the complaining witness have a reason to make up the charge? Are there any other witnesses to the alleged assault?
If you need an attorney for your Houston sexual assault case or assault family violence case, please Contact Me by calling (713) 487-7575.
