Fort Bend County Assault Lawyer

Comprehensive Defense for Assault Charges in Texas

Assault is a completely separate crime from battery, although the two are usually charged in conjunction with each other and used synonymously. In Texas, you can be charged with assault if you make a threat to commit violence toward another person with a valid reason for the person to believe that you could follow through with the violence. You may also be charged with assault if you take a swing at a person and miss because the threat of violence was present in your actions.

There are a few types of assault that you can be charged with in the state of Texas. Felony assault can be any assault in which excessive force or a deadly weapon is used to commit the crime, while misdemeanor assault, also known as simple assault, can be charged against someone for the act of domestic violence. To be charged with misdemeanor assault, the officer must see you actually commit the offense or threaten the person. 

You can be charged with assault if you act in a dangerous or reckless manner that causes bodily harm or threatens bodily harm to a person, or if you make physical contact with a person after a threat has already been made. Penalties for conviction may include jail time, fines, and mandatory anger-management courses.

Facing charges for simple assault or aggravated assault in Texas? Get the defense you need by contacting us and calling (281) 232-0505 today!

Understanding Texas Assault Laws

Texas law defines assault in several ways, including intentionally, knowingly, or recklessly causing bodily injury to another person. This broad definition means that even minor physical altercations can potentially be classified as assault, leading to misdemeanor or felony charges depending on the severity and circumstances. The state takes these offenses seriously, and conviction can carry significant consequences including imprisonment, fines, and long-term impacts on personal and professional life.

Because assault laws in Texas are complex and nuanced, it's crucial for individuals facing such charges to understand the specifics of their situation. Factors such as prior criminal history, the involvement of weapons, the location of the incident, and whether the alleged victim was a public servant can all influence the severity of the charges and the potential penalties. Having a knowledgeable Fort Bend County assault lawyer can make a critical difference in navigating these intricacies and securing a more favorable outcome.

What is Simple Assault in Texas?

Simple assault in Texas occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another, threatens someone with imminent bodily harm, or makes physical contact in an offensive or provocative manner. Unlike aggravated assault, simple assault does not involve serious bodily injury or the use of a deadly weapon.

The severity of penalties depends on factors like the victim’s identity and whether bodily injury occurred:

• Class C Misdemeanor: if the assault involves threats of harm or offensive physical contact without injury, the penalty is a fine of up to $500.
• Class B Misdemeanor: if the victim is a sports official or athlete performing their duties, the penalty may include up to 180 days in jail and a $2,000 fine.
• Class A Misdemeanor: if bodily injury occurs (without aggravating factors), penalties can include up to 1 year in jail and a $4,000 fine.
• Third-Degree Felony: if the victim is a public servant, security officer, emergency personnel, or a family/household member with prior domestic violence history, penalties include 2 to 10 years in prison and up to a $10,000 fine.

What is Aggravated Assault in Texas?

In the state of Texas, assault can be considered aggravated assault under certain circumstances, such as if a deadly weapon was used during the assault or if serious bodily harm was caused.

Aggravated assault charges often involve more severe legal repercussions due to the nature of the offense. Prosecutors may pursue these cases aggressively, especially if public safety is at risk. It's essential to have a legal team that understands how to navigate these complex situations and protect your rights with a seasoned assault attorney in Fort Bend County.

Common scenarios leading to aggravated assault charges include:

• Instances involving domestic disputes where a firearm or other deadly weapon is present.
• Road rage incidents that escalate, resulting in severe injury to the other party.
• Altercations in public settings where bystanders are at risk of harm.

Consulting with an experienced Fort Bend County assault lawyer can greatly impact the defense strategy, ensuring that all mitigating factors are presented effectively in your favor.

The possible penalties for aggravated assault in Texas include:

• First-degree felony: up to a $10,000 fine and five to 99 years in prison
• Second-degree felony: up to a $10,000 fine and two to 20 years in prison

What is The Impact of an Assault Conviction?

An assault conviction in Texas can have far-reaching consequences beyond the immediate legal penalties. A permanent criminal record may significantly impact future employment opportunities, as many employers conduct background checks. Additionally, convicted felons lose their firearm rights under both Texas and federal law, restricting their ability to own or carry weapons.

For those involved in family court matters, an assault conviction can negatively affect child custody determinations, as judges may view a history of violence as a risk to the child’s well-being. Non-citizens face even more severe repercussions, as an assault conviction can lead to deportation or visa restrictions. Furthermore, individuals in regulated professions may be disqualified from obtaining or maintaining professional licenses, limiting career options.

A Fort Bend County assault attorney can help mitigate these long-term consequences by exploring options such as record sealing or expungement, when applicable, to protect a defendant’s future.

Can Assault Charges Be Dropped If the Victim Doesn’t Want to Press Charges?

In Texas, the decision to drop assault charges does not rest solely with the victim. Once law enforcement has been involved and charges have been filed, the case is under the control of the District Attorney's office. Even if the victim expresses a desire to drop the charges, the prosecutor may still proceed with the case if there is sufficient evidence to move forward. Prosecutors have a duty to pursue justice on behalf of the state, especially in cases involving potential public safety risks, such as domestic violence.

However, the victim’s testimony or lack of cooperation may influence the outcome of the case. An experienced Fort Bend County assault lawyer can advocate for a favorable resolution, presenting key defenses or negotiating with the prosecutor, but the ultimate decision to dismiss charges lies with the state, not the victim.

In some situations, legal negotiations can focus on plea bargains that may reduce the severity of the charge. Utilizing evidence gathered by the defense, such as witness statements and character testimonials, can be pivotal in swaying prosecutorial discretion.

Four Decades of Experience at Work for You

If you have been arrested and charged with an assault crime, then you need to act quickly to retain the legal counsel of a trusted Fort Bend County assault attorney. At Rosen & Kovach, PLLC, we understand that this time in your life may be stressful, but when you work with our team, you will be working with a devoted and hard-working lawyer who has 40 years of legal experience providing outstanding representation to clients.

Our comprehensive legal strategy includes a thorough examination of all evidence, identifying any rights violations or procedural errors in the handling of your case. We emphasize open communication, keeping you informed at every step, and ensuring you have a strong ally in the courtroom. Furthermore, our approach is proactive, focusing on immediate action tailored to the specifics of your charges, safeguarding your future by minimizing potential penalties and repercussions during and after proceedings.