Midland Assault Defense Lawyer

Penalties for Assault in Texas

The broad definition of assault leads to a wide range of possible sanctions for those who are convicted. There are three categories of misdemeanors–A, B & C, with A being the most serious. There are three categories of felonies, 1st, 2nd & 3rd, with a 1st-degree conviction bringing the potential for the stiffest sentence.

On the low end–a Class C misdemeanor, someone convicted of assault might be fined $500. The high end of a 1st-degree felony comes with a minimum five-year prison sentence, along with the possibility of a longer sentence.

This means the circumstances of each specific assault are going to matter a great deal in sentencing. Assault charges can be grouped into two very broad categories–simple assault and aggravated assault.

At Tommy W. Hull, PC, our experienced assault lawyers help you navigate the legal process and protect your rights. We have a deep understanding of assault laws in Texas and can provide you with solid legal representation to minimize the impact of these charges on your life.

Simple Assault

Under simple assault, the defendant may have inflicted physical harm on someone, but the damage from the assault was not considered severe. This type of assault can cover incidents that don’t involve violence–i.e., inappropriate touching of a sexual nature or generally engaging in behavior likely to provoke violence.

Many cases of simple assault are classified as misdemeanors, but both Class A & B misdemeanors carry the possibility of jail time, ranging from six months to a year.

Furthermore, simple assault can be upgraded by the prosecution to a third-degree felony if the victim is a pregnant woman, a government official, a security officer or a first responder. If the prosecution can make even a third-degree felony charge stick, a defendant faces a maximum of ten years in prison and a $10,000 fine.

Aggravated Assault

Under aggravated assault, the injuries done to the victim are considered more serious–broken bones, other forms of disability, serious disfigurement, etc., and include incidents where a deadly weapon was at least shown during the attack. Under assault, the credible threat of a gun, knife or other type of weapon need not be actually used. All that’s necessary is that a victim have a credible belief in a threat, either implied or expressed.

Depending on the circumstances, aggravated assault can be charged as a first-degree felony, which opens the door to a possible life prison sentence.

All of these possible sentences are bad enough in their own right. What they don’t include is the possibility that a victim might also bring a lawsuit in civil court seeking financial restitution. A criminal conviction of the defendant naturally makes the odds of a civil jury awarding substantial financial damages to the plaintiff more likely.

Furthermore, even beyond jail time and financial loss, a conviction permanently scars the defendant’s record and leaves them with a long road to rebuild their life and place in the community after the sentence is served.

What Are Alternatives to Conviction in Texas?

There may be times when the evidence the State has against an alleged criminal is one-sided. An experienced attorney knows whether to take a plea bargain or file for a trial in a particular case. When someone is charged with aggravated assault in Texas, there are several alternatives to jail time.

• Deferred Adjudication - In the case of deferred adjudication, the individual is placed on probationary status, where they are required to participate in court-ordered activities such as community service or anger management classes. In addition, the individual must not break any laws during this probationary period. Courts may dismiss cases if defendants successfully comply with probationary requirements during probationary periods. First-time offenders often exhibit this behavior.
• Community Supervision - The court can impose community supervision (similar to probation) as an alternative to jail, in which the defendant must comply with a variety of conditions, such as submitting to regular drug tests, maintaining employment, keeping a curfew, and performing community service.

Rather than going to jail, these are alternatives. Sentencing may include jail time and other conditions at the court's discretion. It is for this reason that legal representation is so important. The best possible terms can be negotiated for Midland aggravated assault victims by an experienced Midland aggravated assault lawyer.

How to Defend Against Assault Charges in Texas

The burden of the prosecutor is to show that the defendant acted “intentionally, knowingly or recklessly”. The prosecutor must prove that case beyond a reasonable doubt and secure a unanimous verdict in that regard from a jury of 12 people. Therefore, a possible starting point for a defense strategy is to challenge that the action was intentional, knowing, or reckless.

Self-defense is always a viable defense, and it’s not uncommon for assault charges to be rooted in an incident where there were words and actions exchanged on both sides. It’s quite possible the defendant themselves was at risk–or at least credibly believed themselves to be at risk. Under Texas law, people have a right to defend themselves, other people and their property.

It’s important to note that if self-defense is invoked, the burden lies on the prosecution to disprove it, not on the defendant to prove they had just cause for their actions. Burden of proof is an extremely important element in any criminal trial and that burden lies with the prosecution.

Attorney Tommy W. Hull knows this well. A former prosecutor himself, he understands what an assault defense lawyer needs to do in all the events leading up to the trial and then in court itself. Our justice system is structured to favor the defendant, but too often, those defendants lack the kind of counsel that makes prosecutors reach the very high standards of proof required under the law. When you call Tommy W. Hull, P.C., you’ll get someone who does their homework and fights hard.

Facing an assault charge in Texas? Don't hesitate to reach out to our Midland, TX assault lawyer for a free consultation today.