Assault Attorney in Friendswood, TX
Friendswood assault charges are taken seriously in Texas. Whether you’ve been charged with assault after an altercation on FM 528 near West Parkwood Avenue, downtown Friendswood near local businesses, or Baybrook mall-area assaults, it’s important to know your rights. Contact a skilled Friendswood assault lawyer to protect your rights if you’ve been accused of harming another person or face charges related to domestic violence.
A Friendswood criminal defense lawyer can help you understand the law and how it applies to your particular case. At The Law Offices of Tad Nelson & Associates, we can advocate for you and your future.
About The Law Offices of Tad Nelson & Associates
The Law Offices of Tad Nelson & Associates treat every case like it’s our only case. Tad Nelson and Amber Spurlock are not only former prosecutors but also dispute cases hard in court as your advocate. They can keep you informed, strategize the right game plan for your situation, and advocate tirelessly to obtain the greatest possible result for you and your family.
We serve clients throughout Galveston and Houston, as well as Friendswood, as we focus on family law and criminal defense.
Texas Assault Laws
Texas has a broad definition of assault underTexas Penal Code § 22.01. Assault in Friendswood can happen if you intentionally, knowingly, or recklessly cause bodily injury to someone else, threaten someone with imminent bodily injury, or touch someone offensively or provocatively. Degrees of assault vary depending on the following:
- Injury severity
- Whether a weapon was involved
- The alleged victim’s relationship to the defendant
- Whether you have prior convictions
Because of these variables, you should know what type of assault you have been accused of before talking to the police or prosecutors. Simple assault might be charged as a misdemeanor, but aggravated assault is always a felony.
Types of Assault Charges
In 2024, Texas reported an aggravated assaultcrime rate of 274.7, which was a 4.5% decrease from the previous year. There were a total of 85,452 aggravated assaults reported in the state in 2024. Assault is divided into several categories, including:
- Simple assault
- Aggravated assault
- Family violence assault
- Assault against special groups such as police officers and firefighters
Simple assault typically results in moderate injuries to another person or nothing more than the threat of injury. Simple assault is usually a Class A or B misdemeanor. Aggravated assault means that serious bodily injury occurred or that a deadly weapon, such as a gun, knife, or motor vehicle, was used during the commission of the assault. Aggravated assault is a felony crime that can lead to many years in prison and up to $10,000 in fines.
If the person that you are accused of assaulting is your current or former spouse or someone with whom you share or have shared a child, then it is considered family violence under Texas Penal Code § 71.004. The penalties for family violence assault can include counseling and orders against contacting the victim, among other things.
An assault against a public servant, like a police officer or firefighter, is typically punished more severely than a regular assault. Additionally, assaults against vulnerable groups can bring harsher penalties, such as assault against a child or an elderly person.
Local Context
Friendswood is located between Houston and Galveston. The area features residential neighborhoods, commercial districts, and congested commuter routes. Assault crimes can happen anywhere, but are frequently located in high traffic areas like parks, entertainment venues, near Highway 146, or I-45. In Friendswood, judges must balance the safety of the community with upholding every defendant’s constitutional rights.
Police investigate assault crimes in conjunction with Galveston County and Harris County. Friendswood PD officers may collect evidence on their body cameras in addition to witness statements and police reports. Obtaining evidence during an assault investigation can become very important during a trial or plea negotiations.
Texas Assault Penalties
If you have been charged with assault in Friendswood, you likely have questions about penalties. Under Texas law, you may be facing:
- Arrest and jail time if not released on bail
- Up to several thousand dollars in fines
- Probation with possible counseling and community service
- A permanent criminal record
- Assault protective orders or mandatory classes in family violence cases
Felony assaults that involve deadly weapons may result in decades in prison. While many assault cases are ruled by the Texas Penal Code, other laws can also apply. Texas law provides for a defendant to use force in self-defense of themselves or their family.
Many assault cases are dismissed through pre-trial negotiations or diversion. However, depending on the facts surrounding the evidence and how it was collected, your case may need to go to trial. The defendant’s criminal history can also play a large role. Your Friendswood criminal defense lawyer can assess the strengths and weaknesses of your case and help you avoid making mistakes that may increase your penalties.
Situations That Lead to Assault
Assault can occur in just one moment of poor judgment. If the alleged victim suffers serious injuries or if a weapon is involved, you could face increased penalties. There are a plethora of reasons an assault can occur. Some reasons that people are charged with assault include:
- Bar fights
- Road rage
- Domestic violence
- Public arguments
- Mutual fights
Regardless of how it happened, it is important to contact a Friendswood assault attorney to help you in the legal process and to help gather the appropriate evidence you need.
Defenses for Assault
Defenses your Friendswood assault attorney can raise will depend heavily on your situation. Some common defenses to assault include:
- Self-defense
- Defense of property
- Consent or mutual combat
- No intent to harm or recklessness
- Mistaken identity
Like other criminal offenses, an assault charge can have serious ramifications that reach far beyond jail time or criminal penalties. An assault conviction can impact your current job, as well as future employment or business relations. Even misdemeanor assault charges can come with penalties that make it hard to keep the job you have now.
A felony conviction can come with years in prison. Assault charges can also cause problems in your relationships with your loved ones. For example, a conviction could result in a protective order or custody battle with your children’s other parent. Many people suffer additional consequences that affect their social life and finances for years to come.
Hire an Assault Lawyer
While you should always hire a Friendswood criminal lawyer as soon as possible if you have been accused of assault, you can seek legal counsel at any point up until you are convicted. You always have the right to an attorney throughout every stage of the criminal justice process.
Hiring a Friendswood criminal defense lawyer is the first step you should take if you have been accused of assault. Your attorney can help preserve evidence that may prove your innocence and question witnesses who may be providing false testimony. They can make sure the police and prosecutor follow your rights and can advise you on how to minimize the long-term consequences of your charges.
FAQs
Q: Can You File a Claim for Assault in Texas?
A: In Texas, it is possible to file a civil claim for assault. This is a separate action from any criminal charges that may be filed by the state. Victims of assault can file a claim for damages such as medical bills, lost wages, pain and suffering, and other losses. A civil claim can still be filed even if criminal charges aren’t filed or are dropped.
Q: What Kind of Lawyer Do I Need to File a Claim for Assault?
A: To file a claim against someone for assault, you will generally want an attorney who works in personal injury and focuses on intentional torts. A personal injury attorney can work to help you recover monetary damages that you sustained due to someone else’s misconduct.
For example, if someone assaults you and they are facing criminal charges, you will need a criminal defense attorney to represent them in criminal court. You will file a civil claim separate from that.
Q: How Do You Get Assault Charges Dismissed in Texas?
A: When you face assault charges in Texas, there are several defense strategies that can result in your charges being dropped. For instance, there may not be enough evidence to prove you committed the crime beyond a reasonable doubt. You also might not have intended to commit assault, or you may have done so in self-defense. Errors during the investigation or constitutional violations can get your charges dropped as well.
Q: What Qualifies as Assault in Texas?
A: In Texas, you can be charged with assault if you purposely or knowingly hurt someone, threaten them with immediate harm, or make offensive physical contact. The term is very broadly defined in Texas, and physical evidence of injury is not always necessary to prove assault. Sometimes, mere threats can result in an assault, depending on the circumstances of the threat and the ability of the person to carry out the threat.
Contact The Law Offices of Tad Nelson & Associates Today
If you have been charged with assault, you do not have to handle the legal aftermath alone. The Law Offices of Tad Nelson & Associates can help. Contact us today for a free consultation.