In some cases those charged
with the crime of assault may wonder whether they actually need a Houston
assault attorney. Perhaps they only threatened physical violence, or just had a
minor tiff with a neighbor and emphasized their point with a finger to the
chest of the alleged victim. Even such seemingly minor actions can result in
Class C criminal misdemeanor charges—and the decided need for a Houston assault
attorney. In the state of Texas, any charge of assault is a serious matter,
ranging from a Class C misdemeanor to a second degree felony. Additionally,
civil charges can come from alleged victims, regarding any damages they believe
they incurred.
An experienced Houston assault
attorney has the experience and knowledge necessary to assess each individual
situation and determine the course of action with the least amount of serious,
long-term consequences to the accused. The common definition of assault and
battery, distinguishes between the two, however as a Houston assault attorney
knows, under the Texas definition of the crime, the two are combined, and
merely called “assault.” Of course there are more serious levels of assault
including domestic assault, aggravated assault and assault with a deadly
weapon.
A Houston assault attorney is
also aware that in any assault case it must be proven beyond a reasonable doubt
that the defendant intentionally caused physical harm to another, intentionally
threatened another person with bodily harm, or touched another person in an
unwanted manner. When actually physical harm is inflicted on another person, a
class A misdemeanor charge is likely, which definitely warrants the advice of a
Houston assault attorney. Should that physical harm be inflicted against an
EMT, a government official, a police officer or a public servant, those charges
could increase to a third-degree felony.
In cases involving
strangulation or choking of a spouse or family member, it would be especially
wise to consult a Houston assault attorney as the charges can increase to a
second or third degree felony, bringing significant prison time in the event of
a conviction. When a weapon was used during the assault the penalties in the
event of a conviction will be much harsher. Aggravated assault can involve an
assault committed with a weapon as well or with the intent to commit a serious
crime such as rape. Aggravated assault may also be charged if the assault
occurs in the course of a relationship the legal system deems “protected.”
Defenses Your
Houston Assault Attorney May Use
If you have been charged with
the crime of assault, it can be very beneficial for you to consult a Houston
assault attorney who can lay out your options after assessing your individual
situation. Your Houston assault attorney will determine whether this is truly a
case of mistaken identity, or perhaps you were only acting in self-defense. If
the altercation was minor, and there were no real injuries, your Houston
assault attorney may seek to have the charges dropped altogether.
Your Houston assault attorney
may also determine, through a vigorous investigation, that the victim’s
injuries were not related to the alleged assault. Further, your Houston assault
attorney may be able to show that you had no reasonable way of knowing your
actions would be considered offensive or that you did not know the victim fell
under the “protected” category. Being charged with assault can be frightening
and stressful; speaking to a qualified Houston assault attorney can help allay
your fears and also help get your life back on the right
track.