Aggravated assault is a serious crime in the state of Texas and it’s imperative to seek out legal representation at the earliest opportunity while facing such charges. A Houston aggravated assault defense lawyer can help to understand the case, and the criminal charges faced, and defend the perpetrator to the fullest extent of criminal law.
Under the Texas penal code, the offense of assault can result either in simple assault charges or the more serious charge of aggravated assault.
In most cases, a Texas aggravated assault will involve:
- Intentionally or recklessly causing death or serious bodily injury to another person
- Possessing or using a deadly weapon as part of an assault
Texas laws consider a deadly weapon as:
- Firearms or anything specifically made or adapted to inflict death or serious bodily injury
- Anything used in a way that is capable of causing death or serious bodily injury – baseball bats, hammers, and bottles can all be considered deadly weapons when involved in a violent crime
When a person commits aggravated assault, the charge is extremely serious and often classed as a felony offense. As such, it is vital to seek legal counsel immediately. The sooner after facing charges the perpetrator contacts an aggravated assault attorney, the quicker they can get to work on a robust defense strategy.
Serious charges such as aggravated assault require an equally serious criminal defense strategy. If you need a Houston aggravated assault defense lawyer, then The Love DuCote Law Firm LLC can help. No matter the circumstances, we’re standing by to share our expertise and experience of successful defense strategies.
Call today at 832-843-1691 to engage the services of an experienced defense lawyer with a proven track record in aggravated assault cases.
Simple Assault and Aggravated Assault
While most individuals in Houston and across Harris County are familiar with assault as a concept, classification as either simple assault or aggravated assault often comes down to the circumstances.
Roles and Relationships
A simple assault can upgrade based on the victim and their role or relationship. This becomes a concern when the victim is:
- A public servant.
- A member of the perpetrator’s family.
- A pregnant woman, even if unrelated.
- A security officer or security guard.
- A member of the emergency services.
Should the victim fall into any of these categories, the case is likely to be seen as at least a second-degree felony by the criminal justice system.
Assault With a Deadly Weapon and Injuries
It could then be further upgraded to a first-degree felony in criminal law, especially if the person commits an assault with a deadly weapon, leading to serious injury, substantial risk of death, permanent disfigurement, or protracted loss. A prosecuting attorney often looks particularly unfavorably at family violence.
The Potential Consequences of Being Charged With Aggravated Assault
An aggravated assault charge can carry severe felony penalties, including fines and prison time.
If a case is considered second-degree felony aggravated assault, it can result in a fine of up to $10,000 and between two and twenty years in prison.
Some domestic violence cases are tried as a first-degree felony, potentially leading to life imprisonment. Indeed, any assault case involving victims that are close to a perpetrator, particularly in positions of trust, will often be viewed more seriously by prosecutors or a jury.
Naturally, any case of aggravated assault in Texas can also lead to a permanent criminal record and while an experienced assault defense lawyer can potentially aid in sealing records, it is always better to engage a criminal defense lawyer early to oversee the entire case.
An experienced Houston aggravated assault defense lawyer will be able to work with the client at every stage to potentially have charges dropped or dismissed. They can also utilize the full extent of their knowledge to potentially negotiate a settlement before the case is seen by a jury.
Nevertheless, the penalties for aggravated assault can be severe and can lead to serious consequences for the perpetrator, making legal representation a priority.
How The Love DuCote Law Firm LLC Can Help
If you’ve been charged with aggravated assault in Houston or across Harris County, you should begin the attorney-client relationship with our law office immediately.
When facing aggravated assault charges, a criminal defense lawyer will seek to understand the circumstances of the case and to determine whether it should be considered aggravated assault.
Your Texas aggravated assault lawyer can investigate extenuating circumstances, such as verbal provocation or self-defense. They will also provide support and expertise in the penal code, ensuring that each client understands the legal definition of the charges against them.
Dealing With Specific Circumstances
Many cases also incorporate a legal definition that is open to interpretation. A Houston aggravated assault defense lawyer will examine each case based on its specifics. This could potentially result in an affirmative defense or questioning whether an aggravated assault charge genuinely resulted in serious bodily injury or substantial risk of death.
An experienced Houston aggravated assault lawyer positions knowledge and experience of the Texas legal system on your side, ensuring an aggressive defense against all charges, even those that could become a first-degree felony.
They will work with you throughout the case, ultimately acting as your trial lawyer should it reach that stage.
Frequently Asked Questions
Not all assault cases in the state of Texas involve aggravated assault. A simple assault charge for a first-time offender can generally be considered a Class A misdemeanor. However, some assault charges, often depending on the victim, can be upgraded to a felony of the third degree. For example, if the victim is a public servant, there’s a greater chance of the charges being considered a felony assault.
When a person commits an aggravated assault, it often involves premeditation and usually a deadly weapon.
The critical difference involves the punishment. A Class A misdemeanor generally results in a fine of up to $4,000 or up to a year in jail. Felony charges can lead to up to twenty years imprisonment.
Serious bodily injury refers to injury caused by a violent crime or otherwise, resulting in:
- Clear potential for causing death
- Serious permanent disfigurement or disablement
- Loss of body parts or bodily functionality
The term “deadly weapon” can involve numerous interpretations. In practice, most things can be considered deadly weapons depending on their usage. Guns and most knives automatically fall into this category, but anything that can cause physical pain or causes serious bodily injury with unlawful force may be considered in the same way.
Effectively, any object that is heavy and solid enough to be capable of inflicting death can result in a simple assault charge being upgraded in the eyes of a federal prosecutor.
Start Your Case With an Expert Houston Aggravated Assault Defense Lawyer Today
There’s a Texas aggravated assault defense lawyer standing by to help with your case now. Time is of the essence in cases such as these, as your lawyer has the best possible opportunity to gather all the facts and fully consider the ramifications of a case while recent events are fresh in the mind.