Assault Defense Attorney in The Woodlands, TX
Assault Laws in Texas
In Texas, simple assault is defined as purposefully or recklessly inflicting bodily injury to someone else, or knowingly threatening another individual of imminent harm. In addition, it also means intentionally causing physical contact with someone else and the offender understands the victim will find such action offensive or provocative.
On the other hand, aggravated assault means purposefully or recklessly causing serious injury to someone else or using/showing a deadly weapon while committing an assault offense, which includes threats or offensive conduct. Serious injury is defined as a bodily injury that causes serious permanent disfigurement, impairment or protracted loss of a body function or organ, death, or creates a significant risk of death.
Texas Assault Penalties
Simple assault that results in the victim suffering a bodily injury is a Class A misdemeanor, punishable by a maximum jail sentence of one year and/or a fine no more than $4,000. However, if this type of assault involves a public servant or government employee, or the victim was performing their duties when the assault occurred, then it is a third-degree felony, which carries a prison term of up to 10 years and a maximum fine of up to $10,000.
If simple assault only involves provocative contact or threats, then it is a Class C misdemeanor, punishable by a maximum fine of $500 and no jail time. Yet, if the victim is a disabled or elderly individual, then it is a Class A misdemeanor. If an athlete or sports official participating in a sporting event is the victim and the offender is aware of that, this type of assault is a Class B misdemeanor, which carries a jail sentence of up to 180 days and a maximum fine of $2,000.
Aggravated assault is a second-degree felony, punishable by a maximum prison term of 20 years and a fine not exceeding $10,000. However, if the offender uses a deadly weapon on a loved one, the assault is committed by or on a public servant or government worker, or the assault was committed in retaliation against an informant, witness, or an individual who reported a criminal offense, then the aggravated assault charge is a first-degree felony, which carries a prison term of up to 99 years and a maximum fine of $10,000.
A criminal record highlighted by assault convictions can haunt you throughout your career and personal life. It negatively impacts your chances of passing background checks for jobs, travel and from holding certain positions and memberships.
Morgan Bourque Attorney at Law
In 2016, there were more than 118,500 assault and aggravated assault arrests in Texas. Police are cracking down on violent behavior, but that does not mean they are infallible. Mistakes can be made during arrests and investigations. From cases of mistaken identity, and being at the wrong place at the wrong time, to the mishandling of evidence, unreliable witnesses and embellished reports, errors exist.
If you have been arrested for or suspected of assault, it’s wise to hire a lawyer to defend against assault charges. You need a legal professional well-versed in Texas’ criminal justice system to help maintain your innocence – you need Morgan Bourque Attorney at Law.
Our The Woodlands assault defense lawyer is a former Texas prosecutor who has handled assault charges from both sides of the courtroom. For years, our legal team has represented adults and juveniles accused of various assault offenses and has specific insight into crime scene investigations, procedures and evidence. Based on his insider’s perspective, we are often able to anticipate the actions that the opposing side may take and build an even stronger defense.
No matter your situation, Morgan Bourque is ready to provide efficient, aggressive representation inside and outside the courtroom. Whether you want to challenge the charges at trial or strike a plea deal, we will provide the options that will best ensure your future. We service the following areas in Texas; Harris County, Montgomery County, The Woodlands, Houston, Spring, Conroe, Montgomery, Magnolia, and Oak Ridge.
Call (713) 535-9711 now to review your assault case and begin establishing a successful strategy.