Assault Texas - Assault is one of the most frequent crimes in the United States, and here in Texas, assault charges are on the rise.
In the first quarter of this year, from January to March, Fort Worth experienced an increase in violent crime. Murders are up 69 percent; Sex crimes are up 24 percent; and aggravated assault increased by 15 percent.
Assault Texas
If you find out you've been charged with assault, it's important to understand what your specific charge means and how you can fight it.
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Many people think that the attack is to hit and hurt someone. What they don't know is that you don't have to be in a relationship with another person to be charged with an assault. Threatening someone can be considered assault.
So to find the legal definition of assault in Texas, let's look at Chapter 22 of the Texas Penal Code, which deals with the various crimes of assault.
If you injure another person, assault is a Class A felony, the most serious of all felonies, and is punishable by up to a year in jail and a fine of up to $4,000.
Assault is a Class C felony that carries a fine if you threaten another person with harm or physical contact.
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Assault can be a third-degree felony — 2-10 years in prison and a fine of up to $10,000 — if the victim is a government employee, public servant or domestic violence.
"Serious Disability" means serious injury resulting in death or serious injury, serious permanent disability, or long-term loss or impairment of the function of any organ or part of an organ.
Aggravated assault is a second-degree felony punishable by 2-20 years in prison and a fine of up to $10,000. Depending on the specific circumstances of the crime charged — such as involvement in domestic violence — a first-degree felony can be elevated to a felony, which carries a sentence of up to life in prison.
The most common defense to an assault charge is self-defense. For self-defense to be valid, you must show that there was a threat of harm, that you had a real fear of harm, that you did not provoke or injure anyone, and that there was no possibility of avoiding the situation.
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Other common defenses to assault include that you were protecting another person or property or that the victim actually consented to the assault.
Regardless of your situation, if you find that you have been charged with assault, the best thing to do is to contact an experienced Texas assault attorney. Your skilled attorney will listen to the facts of your case and determine the best defense strategy based on your unique circumstances to have your charges reduced, dismissed, or dismissed.
Jeffampton began practicing criminal law in Texas in 2005 after earning his Juris Doctor from the Houston Law Center. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney's Office — experience that allows him to anticipate arguments used against his clients and create suspense. Throughout his career, he has helped countless Texans protect their rights and obtain the best possible outcome in their criminal cases. His skills are recognized by National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Top Criminal Defense Lawyers, Top Lawyer in DUI & DWI, 10/10 Excellence) and he is rated as a leading attorney. Like Texas. Criminal law, when you injure someone, you are committing assault. In fact, even when you are alone
Unlike many other states, this charges a "battery" charge if you make personal contact in a way that the person finds offensive or provocative. In Texas, both things are considered assault.
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Negligence that must be proven for a person to be convicted. "Shock" means necessarily from
Injuries to another person, but presents an unjustified risk or is committed in consideration of any possibility of injury.
In most cases, unless you have a prior conviction for the same charge, you will only face a misdemeanor penalty.
But there are some elements that can lead to a serious charge of aggravated assault and in today's article we want to talk about these elements and the impact they have on how your crime can be prosecuted, charged, charged and punished.
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If an assault includes any of the following elements, your charges will automatically be classified as aggravated assault. If you are charged with aggravated assault and none of these things are clearly stated in your charging documents, a defense attorney can look into them and help you understand the best course of action.
Assault with a deadly weapon. Under Texas law, any weapon designed or modified to cause serious injury or death can be considered a deadly weapon. There are obvious items like guns, knives, and ropes, and some must be modified or proven as deadly weapons—a car, a baseball bat, or a body part like a tooth or a fist.
Remember that physical injury is not a requirement for an assault charge to be filed against you. Simply picking up a weapon in a way that the victim believes is sufficient out of fear for their safety is sufficient.
So in any situation - physical assault or just threats - if it involves a deadly weapon, there's a good chance you'll be charged with aggravated assault.
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Assault causing serious injury. The Texas Penal Code defines serious injury as one that presents a "substantial risk of death or fatality, serious permanent disfigurement, or long-term loss or impairment of the function of any organ or part of an organ."
Often, our thoughts go straight to wounds like broken bones and gunshots or stab wounds. Something that causes scars or major blemishes. But a blow to the side of the head that causes traumatic brain injury or permanent hearing loss can be argued as an assault that causes serious injury.
Violence involving public officials or government employees. The Texas Penal Code is very specific about who is protected and when.
If you get into a physical altercation with a police officer, and you really need the advice of an experienced attorney, these rules can land you in murky waters.
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Because simple assault usually results in a Class C misdemeanor charge (or Class A, in the case of an elderly or disabled person), most offenders pay the maximum fine of $500.
But with four major penalties, criminal penalties can range from a few hundred dollars and a few months in jail to a year in jail. Even for low-level felony convictions, you're looking at 10 to 20 years in prison and fines of up to $10,000.
Quite a difference, isn't it? Simply put, adding an aggravating element to your assault charges can mean the difference between a relative wristband and decades in prison.
Jeff Hampton began practicing criminal law in Texas in 2005 after earning his Juris Doctor from the Houston Law Center. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney's Office — experience that allows him to anticipate arguments used against his clients and create suspense. Throughout his career, he has helped countless Texans protect their rights and obtain the best possible outcome in their criminal cases. His skills have earned him recognition from National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Best Criminal Defense Lawyers, Top 100 Trial Lawyers in DUI & DWI Top, Excellence Rating 10/10), and he is rated as a leading attorney. . Justin Barrett Wilson is a family law and criminal defense attorney based in Plano, TX. He guides clients through divorce, child custody, DWI and other criminal defense and family law matters. Justin It won its first trial run in 2012 and has been fighting for customers in the DFW Metroplex ever since.
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Texas domestic violence laws and their sentencing ranges are found in the Assault Family Violence Provisions of the Texas Penal Code. Click here for more detailed information about domestic violence charges in Texas. Assault family violence charges in Texas have different penalties that allow for different results and outcomes. If you have been arrested on a domestic violence charge in Texas, contact me, a domestic violence defense attorney, for a free consultation. As you can see from the sentencing ranges below, family violence is serious, but a domestic violence attorney with a proven track record of success can guide you through the criminal justice system, resulting in a favorable outcome. . .
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