The state of Texas ruthlessly prosecutes violent crimes such as assault and aggravated assault. Therefore, if you’ve been charged with aggravated assault, you need the help of an experienced criminal defense lawyer.
You can be charged with aggravated assault in Sugar Land if you have knowingly, recklessly, or intentionally caused serious bodily injury to someone else. You could also be charged with aggravated assault if you used or exhibited a deadly weapon in a threatening way.
Aggravated assault charges can completely destroy your reputation and future opportunities. Because of this, you need to act immediately and contact a skilled Sugar Land aggravated assault defense lawyer.
Our team at The Love DuCote Firm LLC has years of experience handling cases similar to yours, and we have the knowledge and resources necessary to help you. The sooner you contact us, the sooner we can get started on building a solid defense on your behalf, and ensuring that you receive the best outcome possible.
Aggravated Assault in Sugar Land, TX
Under Texas law, the offense of assault can be upgraded to aggravated assault based on the specific circumstances around the crime. The following will likely result in charges being upgraded to aggravated assault:
- Causing serious bodily injury to another person.
- Using or exhibiting a deadly weapon in a threatening manner during the assault.
If you are charged with aggravated assault, then you will need the help of a Sugar Land aggravated assault defense lawyer who has a deep understanding of the law and is able to fight the charges against you.
What Is Classed as Serious Bodily Injury in Texas?
Under Texas law, serious bodily injury is an injury that causes any of the following:
- Substantial risk of death.
- Serious permanent disfigurement.
- Loss or impairment of a bodily function, member, or organ.
What Is Classed as a Deadly Weapon in Texas?
A deadly weapon is defined in Texas law as the following:
- A firearm or anything that was designed, made, or adapted for the purpose of inflicting death or serious bodily injury.
- Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Penalties for Aggravated Assault in Texas
Aggravated assault is usually classed as a second-degree felony in the state of Texas. If you are facing criminal charges for aggravated assault, then you could be punished in the following ways:
- Jail time of up to 20 years.
- A fine of up to $10,000.
However, it’s possible that an aggravated assault can be upgraded to a first-degree felony if you used a deadly weapon or caused bodily injury to a family member, parent, guardian, foster child, member of the household, or someone that they are dating. If you are convicted of a first-degree felony, then you face the following penalties:
- Up to life in jail.
- A fine of up to $10,000.
Can I Be Charged with Domestic Violence in Sugar Land, TX?
Assault charges in Texas include those committed against a spouse, family members, or other household members. This is known as domestic violence and can result in first-degree felony charges. Penalties are usually increased in these cases.
If you’ve been arrested for domestic violence, it’s important that you contact a good criminal defense attorney who will be able to advise you through the process. A felony charge like domestic violence can ruin your reputation and future, so you need to act quickly.
Common Defenses That Sugar Land Criminal Defense Lawyers Use in an Aggravated Assault Case
The talented Sugar Land aggravated assault defense lawyers at our law firm have helped many clients facing criminal defense cases. They have experience using the following, but not exclusive, defenses to successfully help clients avoid a criminal conviction:
Self-Defense or Defense of Others
If you only committed a violent act out of defense of yourself or others, then this can be used as a defense strategy to minimize or even dismiss the charges that you’re facing. For this defense to be successful, you need to ensure that you tell your attorney why you were targeted in the first place.
In Texas, there is a mutual combat law, which means that two people are allowed to fight and injure each other if they both agree. This consent does not have to be explicit – you just need to prove that you had a reasonable belief that the alleged victim had consented to the fight, based on their actions or words.
Therefore, if you’re being prosecuted for aggravated assault, you could potentially claim that you were engaged in mutual combat, which could lead to you obtaining an acquittal or case dismissal.
Faults Were Made in the Investigation
Police officers are only human, so it’s not uncommon for them to make errors during a criminal investigation. However, if they do, then this can lead to your charges being dropped. A criminal lawyer will be able to thoroughly analyze your case to ensure that no errors were made and your legal rights were not infringed. If errors are found, then your aggravated assault defense lawyer will be able to exploit these in your favor.
General Defenses for Criminal Cases
There are some less specific defenses that could potentially be used in your criminal case, such as the following:
- Involuntary intoxication.
- Mistake of fact.
- Mistake of law.
As can be seen, there are many possible defenses that could be used against any criminal charge. To find out if one of these defenses could be effective for you, contact The Love DuCote Law Firm LLC today and speak to one of our Sugar Land aggravated assault defense lawyers!
We will always prioritize your best interest.
How Should You Act During an Arrest in Sugar Land, TX?
It is your constitutional right to remain silent when being questioned or arrested by the police, and we recommend that you use this. Anything you do or say during or following an arrest can be used against you in court, so it’s important that you stay silent, don’t retaliate, and behave respectfully to the police, even if you’re innocent and feel you’re being treated unfairly.
If you refuse to answer police questions, you won’t be penalized later on, so it’s best to do this until you have contacted a Sugar Land aggravated assault defense lawyer and spoken to them about the situation. They’ll be able to guide you through the process and give you valuable legal advice.
What Is the Role of a Texas Criminal Defense Lawyer?
The role of any good criminal defense lawyer is serving clients to ensure they receive the best possible outcome for their specific case, whether that’s getting the charges reduced or dropped or securing the most minimal penalties. They will do this by providing proficient legal counsel to their clients.
At The Love DuCote Law Firm, we do this by assigning you to the lawyer that is best suited to your case. Your criminal defense lawyer will then investigate your case thoroughly and gather evidence to build a solid defense for court.
Our Sugar Land criminal defense lawyers value communication above all else and will put time into nurturing a strong attorney-client relationship with you so that you are comfortable and up to date with all important case developments. It’s our job to guide and advise you through this important, stressful time of your life.
Proven Results in Texas Criminal Justice System
With strong backgrounds in law, our criminal defense lawyers have the knowledge and experience needed to help you. After attending law school, our lawyers now practice law daily and will be able to use their skills to help you. Our team has over 40 years of combined experience, so you can rely on the dedicated lawyers at The Love DuCote Law Firm LLC.
After successfully working on a variety of cases all over Texas, it’s clear that our Sugar Land aggravated assault defense lawyers have a strong understanding of the state’s criminal justice system. With countless dismissals and non-guilty verdicts, and positive reviews from clients, you can rest assured that we’re a talented law firm that will do everything possible to achieve the best result for your case.
What Are The Advantages of Hiring a Former Prosecutor?
One of the criminal defense attorneys at The Love DuCote Law Firm LLC is a former prosecutor, which means our team has a useful insight that many of our competitors don’t have. We possess a deep understanding of how the prosecution may tackle your case.
This previous experience can hugely benefit you, so consider speaking to our team about your case as soon as possible.
Texas Aggravated Assault FAQs
Most cases of aggravated assault are because of the following:
- Someone sustained a serious bodily injury – If you intentionally, knowingly, or recklessly caused serious bodily injury to the victim, then you could be charged with aggravated assault.
- Use of a deadly weapon – If you use or exhibit a deadly weapon in connection to an assault crime, then you could be convicted of this criminal offense.
Aggravated assault cases are felony cases, meaning that the penalties can be severe. If you’re convicted of aggravated assault, then you’ll be served with a hefty fine and you may have to complete community service or serve prison time.
You may also face administrative penalties, such as loss of school scholarships or a suspended driver’s license.
As well as this, you’ll have a permanent criminal record. A criminal record can impact you for the rest of your life, and restrict your ability to obtain employment, loans, housing, and more.
You should always seek help from a reputable aggravated assault defense lawyer before you decide to plead guilty. Pleading guilty can have a huge impact on your life, and you should not make this decision lightly or without guidance.
A lawyer will be able to help and advise you in many ways, such as negotiating with the state on your behalf to ensure you receive the minimum punishment. They can also examine your case to determine if there is a feasible defense and a chance of successfully fighting the charges.
There are many alternatives to pleading guilty, and so you should speak to an aggravated assault defense lawyer before doing anything. Even if you do decide to plead guilty, you should still seek good legal representation from a reputable lawyer, as this will be incredibly beneficial for you.
It’s not easy to expunge a criminal record in the state of Texas. While charges of aggravated assault could, in theory, be expunged from a criminal record, there are multiple qualifications that you need to meet in order for it to happen. One way you could get your record expunged is if you were pardoned.
If you want to speak to a lawyer about expunging your record, don’t hesitate to call our law offices today.
Contact Us Today For an Experienced Sugar Land Aggravated Assault Defense Lawyer!
If you have been accused of aggravated assault, then you need to seek legal help immediately. These charges can result in long-term, serious consequences, so you can’t delay in acting appropriately. The sooner you get in touch with a reputable lawyer, the greater chance you have of a favorable outcome.
You can count on the Sugar Land aggravated assault defense lawyers at The Love DuCote Law Firm LLC for all your criminal defense needs. With over 40 years of collective experience, our team will be able to help you out. We will prioritize building a trusting relationship with you as our client so that your mind is put at ease. We’ll create a strong and solid defense on your behalf, and confidently represent you in court.
Our criminal defense lawyers have the knowledge, skill, and resources needed to help and advise you. We have handled all sorts of cases all over the state of Texas, so contact our law office today to give us plenty of time to help you.