Assault crimes vary significantly in scope. They range from offensive touching, which is a Class C misdemeanor, to aggravated assault with a deadly weapon, which is a felony. Assault crimes also encompass intoxication assault (resulting from an allegation of driving while intoxicated) and sexual assault. There are also various other types of assault ranging in severity.
Battery and Aggravated Assault
Something little known about Texas law is that the crimes most often referred to as assault and battery are simply assault crimes. Whereas in other states these charges are referred to as assault and battery, in Texas it is simply called assault. If you have been accused of assault in Texas, a defense attorney can help clarify the often-cloudy circumstances surrounding these charges.
The charge of aggravated assault is one that merits a more detailed explanation. Three different charges under the aggravated assault umbrella are:
Aggravated assault with a deadly weapon
Aggravated assault with serious bodily injury
Aggravated Sexual Assault
Ranging from a second degree felony to a first degree felony, aggravated assault charges are no small matter. Even if you are only convicted of a Class A assault charge, you can be sentenced to one year in jail and/or $4,000 in fines. Aggravated assault with a deadly weapon can be committed even if the assault was simply performed by hand, but a deadly weapon was in possession at the same time. A deadly weapon is technically anything that can be used to cause serious bodily injury or death. Aggravated assault with serious bodily injury is any assault that results in the death, near death, or disability of the victim. Both forms of aggravated assault are subject to second degree felony charges that can be punished by 20 years in prison and a $10,000 fine. As a successful criminal defense lawyer, I can help you navigate the obscure assault laws and their possible punishments.
Defending Against Assault Crimes:
One thing all assault crimes have in common is that there is always a victim and always at least one witness. Sometimes, the victim is the ONLY witness. When defending an assault accusation, it is extremely important to obtain statements from all witnesses at an early stage. That way if they later change their story, for better or worse, their credibility can be impeached on the stand. It is also important to determine if victims or witnesses have any bias or motives that can be utilized in the defense of the assault.
How I Defend Against Assault Crimes
Assault cases typically have many moving parts. Tempers are often high and feelings are hurt. Every case is different. It is extremely important to investigate all the evidence in an assault case to best serve a client. For example, I find it’s useful to visit the scene of an assault. Many times even something as simple as the layout of a room can be useful in impeaching a witness on the stand. I invite you to contact me for a free consultation to discuss possible defenses in your assault case.