Fort Bend County Assault Attorney

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 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!

Aggravated Assault in Texas

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

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

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.

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.