Assault
Criminal Defense
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McAllen Assault Lawyers
In the Texas, assault is regarded as a criminal offense, and is taken very seriously. If someone intentionally, knowingly, or recklessly causes bodily harm to another person, they have committed this offense. Even a seemingly slight threat of physical violence to another person, such as a spouse or family member, might lead to assault charges. Therefore, even while it is acknowledged that conflicts between individuals occasionally escalate and force them to behave in ways they otherwise wouldn’t, when such behaviors lead to aggression and harm, legal action may be taken. This is due to the fact that assault can be defined as any type of threat of a violent attack, whether or not it involves the use of a deadly weapon. Alternatively, under Texas criminal law, assault can be charged if you:
- intentional, reckless, or knowingly infliction of any kind of bodily harm upon another (including your spouse or other family members)
- intentionally or knowingly make physical contact with another person in a way that increases their chance of being perceived as provocative or insulting, whether they know this or not.
In other words, you can be charged with assault if you punch, kick, choke, or otherwise harm someone during a fight, but you can also be charged with assault if you simply poke someone in the back or threaten to harm them in any other way, and that individual has a rational concern that you are capable and intend to harm them.
Assault Lawyers in McAllen
In general, even if there was simply a threat to do so, if one individual makes violent or offensive physical contact with another, that person may find themselves in court defending assault charges. The punishment may be deemed a misdemeanor for a first-time offender, but even a minor assault charge carries a potential term of up to one year in jail and a fine of up to $4,000. However, if the alleged victim of an attack is choked or has their breathing restricted, the alleged perpetrator may be charged with a third-degree felony, which carries a sentence of 2 to 10 years in prison and a potential fine of up to $10,000.
Except in limited situations, an assault that results in bodily harm to the victim is classified as a Class A misdemeanor. In Texas, “pain” is the definition of “bodily harm.” As a result, any complaint of pain by the complaining witness can be considered probable cause for a Class A assault arrest.
The assault will be considered a third-degree felony if:
- the assault occurs while the victim is carrying out his or her duties as a volunteer (such as a fireman or EMT) or the perpetrator is aware that the victim is a public servant, government employee, security officer, member of the emergency services
- In punishment for carrying out his duty, the criminal hits the victim.
SIMPLE ASSAULT IN TEXAS
Simple assault with offensive physical contact or threats of physical injury is typically a Class C misdemeanor, with several exceptions, such as:
- the offence is a Class A misdemeanor if the victim is an old or disabled person;
- if the assault occurs when the victim is an athlete or sports official taking part in a sporting event and the offender is aware of this (that crime is a Class B misdemeanor)
- if the perpetrator hits the victim (a sports official or athlete) after the victim’s performance in a competition (that crime is also a Class B misdemeanor).
“Family Violence” Domestic Assault in McAllen
Domestic violence is defined in Texas when the victim and perpetrator are family or reside in the same household. Domestic assault in Texas can be classified as a misdemeanor or a felony depending on the situation and the offender’s prior history.
Consequences for Assault in Texas
If found guilty of a misdemeanor assault in Texas, the following punishments are possible:
- Class A misdemeanor: up to one year in prison and/or a $4,000 fine
- Class B misdemeanor: up to 180 days in prison and/or a fine up to $2,000
- Class C misdemeanor: a fine up to $500.
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If you were involved in an incident similar to the ones mentioned above, your actions may have been misinterpreted, or the person involved may have falsely accused you of something you did not do. In either case, legal representation may be necessary to protect yourself. Being accused of assault, in any case, can be a nightmare. A McAllen defense attorney can help you!
There are numerous types of assault in Texas, each with its own set of risks for the person accused. When a person is trying to figure out what he or she is up against, this can be unsettling to say the least. You need knowledgeable legal counsel to help you navigate legal challenges ahead of you; McAllen criminal defense attorney David Higdon is here to assist.
Texas Criminal Defense Frequently Asked Questions
Even if the police haven’t said you’re a suspect, you might be arrested if you’re under investigation for a crime. In order to have a lawyer to contact if you are ever detained, you should start your search for one right away.
Yes. It’s a major decision to take a plea deal since it means you’re agreeing to get a criminal record. The prosecutor is frequently willing to make these arrangements since it saves them a lot of time and labor. Accepting a plea deal may be the best course of action in some circumstances, but you should still be represented by an attorney to help you fight for better terms.
There is always more to a story than what meets the eye. Even if the police apprehended you while committing a criminal act, that does not mean they fully comprehend the situation. Prosecutors spin stories that portray defendants as criminal masterminds. You must ensure that someone can explain your side of the story in a legal setting. Even if you believe you will be found guilty, there are usually opportunities to have charges dropped or penalties reduced.
Contact Us For McAllen Assault Lawyer Today
Don’t hesitate to contact the attorneys at Higdon Law Firm today if you or a loved one has recently been convicted of an assault charge, our law firm offers a free and confidential consultation. David A. Higdon has been serving McAllen and helping represent those who are usually under-represented for criminal charges and need strong criminal defense for over 30 years. Our lawyers will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our criminal defense attorneys on Google, Yelp, and Facebook.