Assault Lawyer in College Station, Texas Trusted Legal Professionalism From a Former Prosecutor
Assault is a common criminal charge in Texas and throughout the U.S. While other states have separate charges for assault and battery, in Texas, these types of criminal offense charges fall under the umbrella of assault only. Therefore, assault can be committed in various ways, including by threat, with no actual physical contact between the parties involved. Assault charges can also range from low-level misdemeanors to felonies, depending on the situation.
Being charged with assault can result in penalties ranging from a fine to a lengthy prison term. In all cases, you will wind up with a permanent criminal record that can negatively impact your qualification for future life opportunities. Because of this, you need to ensure that you have top-quality legal representation in your corner as soon as possible.
At The Greening Law Group, you can work with a former prosecutor who knows both sides of the law and who has advanced to the rare status of a Texas Board-Certified Criminal Trial Lawyer, an achievement few Texas attorneys can claim.
Arrested for assault? Book a free case evaluation with The Greening Law Group online or at (979) 596-4088.
What is Assault in Texas?
Texas has some of the toughest laws on the books when it comes to the criminal offense of assault. Texas also has strict guidelines regarding criminal penalties that will be enforced if convicted.
The legal system in Texas is not set up for individuals to try and navigate on their own. You need the help of a College Station criminal defense attorney who, as a former prosecutor, understands the criminal justice system from the inside out.
Assault is defined under Texas Penal Code § 22.01.as:
- “intentionally, knowingly, or recklessly” causing bodily injury to another, including your spouse.
- “intentionally or knowingly” threatening another with imminent bodily injury, including your spouse.
- “intentionally or knowingly” causing physical contact with another when you know or should reasonably believe that the other person will regard it as offensive or provocative.
Bodily injury generally means that you caused some type of physical impairment or pain. In cases of simple assault, this could be a bruise or laceration. An injury that leads to hospitalization is generally considered a “serious” bodily injury and is then elevated to an “aggravated” assault. A provocative or offensive contact generally is not a physical injury but an action that upsets, angers, or antagonizes the other person. This could include sexually suggestive actions, spitting, or poking the other person.
If you threaten another with bodily injury without actually making physical contact or if you engage in an offense or provocative contact with the other person, you can be charged with a Class C misdemeanor punishable by a fine of up to $500.
If you commit assault against another during a sporting event, you can be charged with a Class B misdemeanor punishable by up to 180 days of jail time and a fine of up to $2,000.
If you commit assault, whether through bodily harm or an offensive/provocative contact, against an elderly person (a person 65 years of age or older), you can be charged with a Class A misdemeanor punishable by up to a year in jail and a fine of up to $4,000.
Penalties in all these cases can include probation as well as restitution to the alleged victim.
Third-degree felony assault is an act committed against public servants while on duty, security officers, firefighters, and more, as well as in domestic violence situations. It carries a prison term of up to 10 years and a fine of up to $10,000.
Second-degree felony assault can also be charged in domestic violence situations and for attempting to choke or strangle an alleged victim in these situations. It carries two years up to 20 years in prison and a fine of up to $10,000.
An aggravated assault involves serious injury to the alleged victim or the use of a weapon in the assault. It can result in first-degree felony charges in domestic violence situations as well as when committed against law enforcement, emergency workers, security personnel, and more. First-degree felony assault carries five years up to life in prison, along with a fine depending on the circumstances.
Is Family Violence the Same as Domestic Assault?
In Texas, any kind of physical altercation occurring in a domestic environment is known as family violence. The people involved do not necessarily have to be related. They can be spouses, roommates, or anyone else who lives in the same dwelling.
Legally, in Texas, there is no distinct law that covers “domestic assault.” Nevertheless, there are circumstances in which an assault specifically pertains to families and domestic situations. For example, someone can be arrested for assault if they “intentionally, knowingly, or recklessly” harm or cause bodily injury to their spouse.
This is especially significant as a conflict between spouses is the most common form of domestic assault. Bodily injury and harm are not the extents to which assault can be charged in a domestic situation. The act of merely threatening bodily harm or causing physical contact with someone who considers it provocative or offensive can be enough.
Assault in a domestic situation can be aggravated when bodily harm against a family member or member of a household is harmed as a result of the use or exhibition of a deadly weapon. If you’ve been charged with Family Violence, don’t wait to call an experienced attorney at our firm.
Can Assault Charges be Dropped?
Assault charges can be dropped, but it is extremely difficult to do so without the help of an experienced assault lawyer. Each individual case is different due to the circumstances that are involved. Even if the victim reaches out to the prosecutor and requests that the charges be dropped, there is no assurance that it will happen.
Domestic violence charges are even more difficult to deal with in that only a prosecutor has the legal ability to drop the charges. When dealing with charges related to domestic violence, it is usually necessary to contest the allegations that have been made, as well as present a strong defense on your behalf.
The Greening Law Group of College Station, TX, has a vast amount of experience in using these types of approaches to potentially obtain a dismissal of the charges or an acquittal should your case go to trial. When you choose our law firm, you have the benefit of working with an attorney who has lengthy experience in working in the courtroom and how negotiating with prosecutors and judges.
Who Can I Turn to for Outstanding Legal Help in College Station, TX?
Facing any type of assault charge can have serious consequences, and you will need a College Station, TX, assault attorney who can provide you with the representation that you need. Therefore, this is why we strongly advise that you seek the experienced, professional representation you will find at The Greening Law Group. Your freedom and future may depend on the quality of your legal support.
Facing the criminal justice system can be a stressful, uncertain, and intimidating experience. Our law firm’s support can make a difference in how your case is decided. Take advantage of the high-powered advocacy and dedication we bring to every case where we pursue your best possible outcome.
The Greening Law Group places a high value on each attorney-client relationship that we establish with individuals who have chosen us to help them deal with the legal system. As a law firm, we are passionately committed to protecting your interests and reputation in the community. We pledge to fight aggressively with the main goal of having your charges dismissed or significantly reduced.
Contact us online or at (979) 596-4088 for help today. We understand that as a new client, you may be uncertain about hiring an attorney. Our legal team will be happy to set up a free consultation so that we can discuss your case and answer any questions that you may have about your rights and legal options.
You may also reach us by contacting us through our website or by email.