Texas Assault Charges for Local Residents

Assault charges are overwhelming. Residents of League City and Galveston should know how such charges are treated under Texas law. These cases are complex, with serious legal and personal consequences that can change your life. Being informed about the process and what may lie ahead is a precursor to safeguarding your rights.

What does Texas law consider assault?

Under Texas Penal Code § 22.01, the general understanding of assault is as follows:

1. Intentionally causing bodily injury to another person.
2. Threatening someone with imminent bodily injury.
3. Engaging in physical contact that the victim finds offensive or provocative.

Each of these, of course, carries different degrees of severity and possible sentences. For example, bodily injury is usually grouped under a Class A misdemeanor but becomes a felony under certain circumstances, such as if the victim just so happens to be a public servant or family member.

Learn more: What is the Difference Between Assault and Aggravated Assault?

Types of Assault Charges

In Texas, assault charges are categorized based on the circumstances surrounding the alleged offense. Each type has unique considerations and potential legal repercussions:

• Simple Assault: Generally a misdemeanor, this charge applies when no serious injuries occur or when threats are made without physical contact.
• Aggravated Assault: A more severe charge, often classified as a felony, involving serious bodily injury or the use of a deadly weapon.
• Domestic Assault: Assault against a family or household member, which may carry enhanced penalties. Domestic assault cases often involve protective orders and heightened scrutiny from law enforcement.

Penalties for Assault in Texas

The penalties for assault depend on the classification of the charge. They range from fines and community service to lengthy prison sentences:

• Class C Misdemeanor: Up to a $500 fine (e.g., offensive physical contact without injury).
• Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.

The consequences extend beyond legal penalties, affecting employment opportunities, housing, and reputation. Understanding these penalties can help you take steps to mitigate their impact.

Legal Defenses for Assault Charges

A seasoned criminal defense attorney can explore various defenses, including:

• Self-Defense: Showing that the accused acted to protect themselves or others. Texas law allows individuals to defend themselves when they believe they are in imminent danger.
• Lack of Intent: Demonstrating that the alleged actions were unintentional. This defense is often used in cases involving accidents or misunderstandings.
• Mistaken Identity: Arguing that the accused was not the perpetrator. This can be a strong defense with proper evidence, such as alibis or video footage.

Each case is unique, and the success of these defenses often depends on the evidence and legal expertise. Consulting with an attorney can help identify the best approach for your situation.

How an Attorney Can Strengthen Your Defense

When facing assault charges, having a skilled attorney on your side can make a significant difference. A knowledgeable legal professional can:

• Assess the Evidence: Review police reports, witness statements, and physical evidence to identify weaknesses in the prosecution’s case.
• Negotiate on Your Behalf: Work with prosecutors to potentially reduce charges or secure alternative sentencing options, such as probation or community service.
• Advocate in Court: Present a compelling defense in front of a judge or jury to achieve the best possible outcome.

A strong defense strategy can mitigate the consequences and protect your future.

Next Steps if You’re Charged with Assault

If you’ve been charged with assault, taking prompt action is vital. Follow these steps:

1. Remain Silent: Anything you say can be used against you. Politely decline to answer questions until you have legal representation.
2. Contact a Criminal Defense Attorney: Reach out to an experienced attorney to discuss your case and build a defense strategy. Time is critical, as early intervention can shape the outcome of your case.
3. Gather Evidence: Collect any relevant documents, photos, or witness statements to support your defense. Having a clear record of events can be pivotal in court.

How Tad Nelson & Associates Can Help

With decades of experience, the Law Offices of Tad Nelson & Associates offer comprehensive legal services for those facing assault charges. Our team is committed to providing personalized legal strategies that align with your specific circumstances. We understand the complexities of Texas law and work tirelessly to protect our clients’ rights.

Whether you’re in League City, Galveston, or elsewhere in Texas, our team is here to help. Call us today at 281-280-0100 or visit our contact page to schedule a consultation.