If you have been charged with assault, you need to consult with an attorney with the knowledge and experience to help guide you to a successful outcome. The legal definition for assault in the State of Texas is defined as: the attempt to hurt someone in a physical manner. However, the mere threat of an assault can also qualify as an assault, according to the law. Should you also either use a weapon during the assault, or brandish one and threaten to use it, you could be charged with aggravated assault. If your assault involved only touching, pushing or threatening, it will likely be filed as a Class C misdemeanor with a fine not to exceed $500.
Penalties for assault in Texas for assault can be quite severe. Simple assault, resulting in a minor injury is considered a Class A misdemeanor, punishable by not more than one year in county jail and/or a fine of up to $4,000. The state can enhance a simple assault charge to a third-degree felony with a range of punishment of 2-10 years and a fine of not more than $10,000, if they prove:
- You committed the assault against a family member or someone you have a romantic relationship with;
- You have a prior domestic violence conviction;
- You committed the assault against someone you knew was a public servant or against a government contractor who was carrying out official duties;
- You committed the assault against someone you knew was a security guard or emergency services; or
- You committed the assault against a public servant in retialation for doing his job.
The criminal laws of Texas define assault as:
§ 22.01. ASSAULT
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
(3) intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
According to this, just stating that you plan to hurt somone, whether you follow through or not, is enough to be charged with assault as long as they had the reasonable belief you would have hurt them. You need a skilled and aggressive attorney to PROTECT YOUR RIGHTS who will do their level best to make sure your case is handled appropriately.
Domestic violence charges occur very often. This can be attributed, perhaps, to the enormous amount of stress that exists in our modern-day lives. The use of physical violence, using threats, intimidation, isolation, sexual abuse, emotional abuse, or economic abuse are all instances of domestic violence and can occur between spouses, divorced couples, parents and children or even those who are merely dating. Even if your incidence of domestic violence was relatively minor from your perspective, including only minor physical contact, name calling, put downs, threats or financial control, you may still find yourself charged with an assault.
The victim in a domestic violence case is not required to press charges against you — the police department and prosecutors can still proceed regardless. The victim in a domestic violence case may apply for an "Order of Protection" which, in theory, protects the victims from further abuse and orders the perpetrator to pay necessary child support, return personal property, and also vacate premises. Order of Protections are generally left in place for 60 days on misdemeanors, and for 90 days on felonies.
Family Violence Consequences
If you are convicted of domestic or family violence you may be dismayed to find that the long-term consequences can be devastating. You may be unable to purchase or possess a firearm for the rest of your life, will be required to complete probation for the assault charge, and will have a conviction on your records which will never go away. A relatively minor altercation can turn into a legal nightmare that you will have great difficulty disentangling yourself from. Carl has handled many types of Family Violence assaults, and will work to try and minimize the long-term effects the charge will have.
(1) Generally speaking, there are two categories in which to fight an assault charge in Texas. The first would be to simply refute the evidence presented by the prosecution. You will have to refute the evidence presented by the state, probably including witness testimony of the victim. This defense rests squarely on the facts of the case.
(2) Another possible avenue to fight an assault charge would be with utilizing an affirmative defense. With an affirmative defense, you basically admit you committed the assault, but present evidence to assert that your actions were legally justified. Self-defense is one form of an affirmative defense for assault in Texas. This means that you would admit the assault occurred, however, was solely done to defend either yourself or another person who was in danger of being imminently harmed by another. In order for the self-defense claim to work in Texas, you must have had a justifiable reason for using force. In the state of Texas you are also allowed to use force while protecting your property, however, the extent of that force must be in direct proportion to the danger the other person poses. In short, if someone is merely trespassing on your property, you will not be able to justify the use of deadly force.
Call The Law Offices of Carl David Ceder, PLLC
The Law Offices of Carl David Ceder, PLLC, will fight tirelessly for your rights following your charge of assault, and has extensive knowledge of Texas assault laws. Do not try to fight these assault charges on your own. Utilize someone that will work to help ensure you have a future without the stigma that a conviction will have on your records. Please call 214.702.CARL (2275) for further information.
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Carl David Ceder is an experienced Dallas Assault Charge Attorney who practices all over the Dallas Metroplex, including all of Dallas, Tarrant County, Collin County, Denton County, Rockwall County, Kaufman County, and all adjoining counties:
- Dallas Assault Charge Attorney - Dallas, University Park, University Park, Grapevine, Garland, DeSoto, Irving, Carrollton, Addison, Duncanville, Richardson, Cedar Hill, Cockrell Hill, Coppell, Grand Prairie, Lancaster, Lewisville, Mesquite, Seagoville, Wilmer, Wylie
- Tarrant County Assault Charge Attorney - Fort Worth, Southlake, Keller, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Grapevine, Flower Mound, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, Westlake, Saginaw, River Oaks
- Collin County Assault Charge Attorney - McKinney, Plano, Garland, Allen, Dallas, Carrollton, Richardson, Fairview, St. Paul, Weston, Lucas, Melissa, Nevada, Westminster, Frisco, Celina, Murphy, New Hope, Prosper, Wylie
- Rockwall County Assault Charge Attorney- Rockwall, Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rowlett, Royse City, Wylie, Munson, Blackland
- Denton County Assault Charge Attorney - Dallas, Denton, Flower Mound, Fort Worth, Southlake, Hebron, Argyle, Justin, Lake Dallas, Plano, Bartonville, Coppell, Northlake, Carollton, Corinth, Hebron, Highland Village, Justin, Lakewood Village, Lewisville, Northlake, Prosper, The Colony, Westlake