Assault charges are always extremely serious, but the most grievous cases in Fort Bend County and across Texas can be upgraded to aggravated assault.
According to criminal law in the state, an assault charge can be upgraded if it fits the following criteria:
- The perpetrator inflicts serious bodily injury on the victim.
- The perpetrator either uses or demonstrates possession of a deadly weapon while the assault takes place.
Such cases can lead to severe criminal accusations and ultimately criminal charges, making it essential to seek out aggressive representation from a Fort Bend County aggravated assault defense lawyer.
If you’ve been arrested for violent crimes or face charges under the Texas penal code, we’re standing by to aid in your case, ensure a fair process, and protect your rights.
Hiring an Experienced Aggravated Assault Defense Lawyer in Fort Bend County
The nature of aggravated assault cases means that legal experience can make all the difference, and the sooner you can appoint a skilled Fort Bend County aggravated assault defense lawyer, the better your chances of a successful defense.
Any assault charge can be life-changing, but certain circumstances can lead to charges being increased. While simple assault can be classed as a misdemeanor, in some cases, aggravated assault charges can often become a second-degree felony or even a first-degree felony if the offense is serious enough. Violent crime leads to harsher penalties, making criminal defense lawyers a vital consideration.
At The Love DuCote Law Firm LLC, we believe that everyone deserves a fair trial and must have their rights respected regardless of the nature of their crime. Call our law firm, and you’ll have decades of criminal law experience at your disposal to tackle the criminal charge.
The Attorney-Client Relationship
Aggravated assault can often require multiple investigations as part of the defense. We work to establish the facts and any mitigating circumstances as part of the attorney-client relationship with every new client.
This might involve physical evidence, speaking with witnesses, or numerous other approaches. Your criminal defense attorney will focus heavily on favorable evidence, which may give defendants the opportunity to reduce the charges faced, or potentially even have the case dismissed before it ever reaches trial.
Aggressive Defense by an Experienced Criminal Defense Lawyer
Our law firm boasts extensive legal experience across the criminal justice system, working on everything from Houston criminal cases to domestic violence in Sugar Land. Here in Fort Bend, your lawyer will work in your best interest to understand the intricacies of each individual case.
If you’ve been arrested for aggravated assault anywhere across Fort Bend County, reach out to our local office now at 832-843-1691 for an initial consultation.
The Difference Between Simple Assault and Aggravated Assault
As noted previously, any assault charge is serious, but aggravated assault can take cases to a new level of severity. The differences can be huge too. A defendant in a simple assault, criminal case with no prior convictions, will often find penalties limited to a fine of up to $500 and a Class C misdemeanor on their record. This applies in cases of threatening behavior or offensive touching.
More serious assaults that involve bodily injury can be upgraded to Class A misdemeanors. In these cases, the penalties may reach a year in jail or up to $4,000 in fines.
Once upgraded to aggravated assault, defendants face a potential second-degree felony charge. This applies both to criminal cases involving serious bodily injury and also aggravated assault with a deadly weapon.
If the case reaches court in Fort Bend, defendants not only face a felony conviction but also between two and twenty years in jail and up to $10,000 in fines.
What Your Fort Bend County Aggravated Assault Defense Lawyer Will Do
When our law firm takes on a new client, your lawyer will immediately seek to provide assistance. The more information you have available on the case, the more they will have to work with in pursuit of having the case dismissed or charges dropped.
Initially, your aggravated assault defense lawyer will understand the facts about the individual case depending on the paperwork supplied by a police officer or prosecutor’s office. From there, they will look to build a case based on this information, while also seeking out inconsistencies.
After all, under Texas law, even something as simple as an error or omission in the criminal complaint can automatically see charges dismissed.
Consider the Actions of Law Enforcement Agents
Law enforcement officers can be the reason for charges being dropped before a case even proceeds past the paperwork stage.
The arrest process may also include a violation of your human rights. For example, you may only be arrested in Fort Bend with probable cause. Your attorney will work to discover whether that probable cause was in place prior to the arrest. If not, there’s a chance that the case may be unable to proceed.
Seek Out Physical Evidence
Physical evidence often plays a part in assault cases, especially those involving a deadly weapon or sexual assault. This evidence can involve both objects and people. If a medical report indicates that the victim’s claim of the defendant causing bodily injury is unfounded, for example, it becomes much easier to defend the case.
Consult Witnesses of the Crime
Witnesses can be critical in Fort Bend assault cases, especially if they’re not family members or otherwise connected to the accused. They can provide an unbiased overview of events leading up to the alleged assault and help both lawyers and prosecutors to paint an accurate picture.
Witnesses can work in the defendant’s favor in both ways. One that is willing to testify on the defendant’s behalf can be highly valuable. Likewise, witnesses for the prosecution that are unwilling to testify can also turn a case in the accused’s favor.
Consider Multiple Lines of Defense
Given that defendants in Fort Bend County are considered innocent until proven guilty, the onus is on the prosecution to prove all aspects of the crime beyond a reasonable doubt. In assault cases, this could mean arguing that there were no signs of threatening behavior, or that a deadly weapon was neither brandished nor used.
Essentially, your defense may not rely on proving you specifically did not commit the crime. Instead, it may seek to cast doubt on specific elements of the case. Your attorney can consider self-defense or the defense of property or other people as mitigating factors.
How You Can Help Your Case
Aggravated assault cases rely heavily on information. As such, it’s advisable to write down an account of events while it’s still fresh in your mind, whether you decide to contact a Fort Bend County aggravated assault defense lawyer at this stage or not.
Frequently Asked Questions
Most aggravated assault cases are classed as second-degree felonies in the state of Texas. This can result in jail time of between two and twenty years, along with a fine capped at $10,000.
In cases of the highest severity, such as assault with a deadly weapon, sexual assault, or, as part of the assault, family violence is involved, it may be upgraded to a first-degree felony. This can lead to life imprisonment if convicted.
While all assault charges are serious, a Class C assault is a relatively basic charge. Cases where an individual intentionally causes physical contact with another person in a manner that could be considered provocative or offensive fall into this category, even where no damage is caused.
Threatening imminent bodily injury to another individual without following through on those threats also falls into the Class C category.
These misdemeanor charges do not result in jail time and involve fines capped at $500. However, their seriousness should not be understated, as they still result in the addition of a violent crime conviction to the perpetrator’s record, which remains there for life and can affect someone’s ability to gain employment and housing.
A simple assault charge can be upgraded to aggravated assault if the victim is in a certain position. For example, what might otherwise be considered a simple assault may become aggravated assault in the eyes of a prosecutor if carried out on a police officer, family member, public servant, or security guard.
Contact The Love DuCote Law Firm LLC Now
Assault charges are serious, but they can be defended. A diligent, experienced Fort Bend County aggravated assault defense lawyer will be able to examine each case individually and advise you at every stage on how to react to accusations and charges.
Even relatively minor convictions can have a lasting impact on an individual’s quality of life, especially where violence is involved. That makes it essential to seek legal advice at the earliest possible opportunity, ensuring that prosecutors follow a fair process and that the defendant’s rights are protected.
We’re ready to assist, and our advisors are standing by to help get the best possible defense underway.