Houston Assault Lawyer

Houston Assault Attorney

Were you arrested or charged with assault in Houston? Assault charges can vary in severity and gravity, but a conviction for an assault in Houston will have a lasting impact on your future. Considering the short and long-term consequences of an assault conviction, a defense to these charges is imperative. For the best possible defense, you need to hire a top Houston assault lawyer.

The legal team at Greco Neyland is focused exclusively on private, criminal defense to charges ranging from prostitution to shoplifting and theft to DWI. We are ready to build a forceful defense to your Houston assault charges.

Best Houston Assault Law Firm

In the State of Texas, a single law criminalizes all actions of assault. Found at Section 22.01, and aptly titled “Assaultive Offenses’ the statute provides the definition of assault in Houston and all elements of the crime. It is important for any defendant to know the elements of assaultive offenses, even if you are hiring an experienced assault lawyer in Houston.

A prosecutor in Houston is required to prove each element beyond a reasonable doubt. This is similarly true of any other crime in Houston, including grand larceny and gun charges. If there is evidence disproving any of these elements, then a jury must acquit you of the charges.

Often, your Houston assault lawyer at Greco Neyland will build a defense disputing or creating doubt about one or another of the elements of assault. However, your exact defense will always depend on the specific circumstances of your case.

How a Houston Assault Attorney Can Help You

Facing any kind of arrest can be overwhelming, let alone when you are charged with assault in Houston. An assault attorney is a reliable resource and advocate in this time of trouble and can help you better understand how to move forward. If you are questioning whether or not to work with an assault attorney, the following list sheds light on the types and levels of support they can offer as you respond to your criminal charge:

• Case Evaluation and Consultation: An assault lawyer can review the details of your arrest or charge and evaluate the prosecution’s evidence, including police reports, witness statements, and physical evidence. They work to identify the potential strengths and weaknesses of both the prosecution’s case and your defense.
• Legal Advice and Strategy: Attorneys ensure their clients understand their legal rights and the potential consequences of their criminal charges. They work to build a tailored defense strategy that may include arguing self-defense, lack of intent, or challenging the credibility of witnesses.
• Investigation and Evidence Gathering: An attorney can work to conduct an investigation by interviewing witnesses, obtaining surveillance footage, and gathering other evidence. They may enlist expert witnesses, such as forensic or medical professionals, to provide testimony that supports your defense.
• Negotiation Support: An attorney can negotiate with the prosecution to reduce charges and penalties through a plea bargain, if it is applicable. They may negotiate for alternative sentencing options, such as community service instead of jail time. Their negotiation skills and experience can serve you immensely.
• Court Representation: Your attorney can represent you in all court appearances, including pre-trial hearings, motion hearings, and the trial itself. During the trial, they can present their legal strategy in front of the judge and jury, cross-examine prosecution witnesses to challenge their credibility, and more.
• Post-Trial Assistance: If convicted, attorneys can argue for leniency during sentencing on their client’s behalf. They also can file for an appeal to challenge the conviction or the sentence based on legal errors that occurred during the trial.

By leveraging their experience, an assault attorney can significantly improve the chances of a favorable outcome and help mitigate the impact of assault charges on clients’ lives.

What Are the Elements of Assault in Houston?

Law enforcement in Houston is required to enforce the criminal laws passed by the State of Texas. This same obligation falls to other cities, such as Dallas, and counties, such as Harris County, throughout the state. Therefore, any charges for assault in Houston will be under the state statute described above.

The Texas assault statute established three types of assault. Each type of assault has three elements.

• The first type of assault in Texas: intentionally, knowingly, or recklessly causing bodily injury to another person. This type of assault requires the defendant to (1) have the requisite intent to commit assault, (2) be the cause of the harm, and (3) the harm must be bodily injury.
• The second type of assault in Texas: intentionally or knowingly threatening another person with imminent harm or bodily injury. This type of assault requires the defendant to (1) have the requisite intent to commit assault, (2) make the threat towards the victim, and (3) that threat must be of imminent harm or bodily injury.
• The third type of assault in Texas: intentionally or knowingly causing physical contact with the victim that the defendant reasonably knows is offensive or harmful. This type of assault requires the defendant to (1) have the requisite intent to commit assault, (2) make physical contact with the victim, and (3) that physical contact be of a nature that the defendant reasonably knew or should have known would be offensive or harmful to the defendant.

All of these types of assault are considered simple assault. A simple assault is charged as a class A misdemeanor in Houston, Harris County, and elsewhere in Texas. The possible repercussion of a conviction for simple assault is maximum one year in jail and criminal fine.

However, not all assault charges are a misdemeanor offense. Assault can be a felony in Houston, and require the legal advice of a Houston felony lawyer, if there are aggravating circumstances. Some of the circumstances that turn simple assault into aggravated assault include:

• Assault of a public servant or security officer, while engaged in official duties;
• Assault of a family member, as defined by the Texas Penal Code;
• Assault on an individual who contracts with the government, when the individual is acting within the scope of such contract;
• Assault by strangulation or blocking the airways; and
• Assault committed by a defendant previously convicted of an assaultive offense.

A Houston criminal lawyer at Greco Neyland does everything possible to build a defense that avoids these significant criminal punishments.

How to Respond After an Assault Arrest in Texas

In the moments following an assault arrest in Texas, it can be hard to know how to respond. It is essential that you respond appropriately to protect your legal rights and aid in building a strong defense. Below are realistic steps that you should take after an arrest in Houston:

• Remain Calm and Remain Silent: It is important to stay calm and composed, as panicking and becoming aggressive can worsen the situation. Comply with law enforcement officers, as resisting arrest can often lead to additional charges. You have the right to remain silent, and because whatever you say may be used against you later, it is important to avoid making statements or answering questions without the support of an attorney.
• Request Legal Representation: Clearly state that you would like to speak with an attorney. An attorney can inform you of your rights and give you advice on how to proceed.
• Document the Incident: As soon as you are able, write down everything that you can remember about the incident. Include details such as the location, time, people involved, and what happened before, after, and during the incident. This can all be helpful evidence that supports your legal case.
• Follow Legal Advice: Work with your attorney to gather evidence that supports your defense. This may include witness statements, medical records, surveillance footage, and other relevant documentation.

FAQs

Q: Can You File a Claim Against Someone for Assault in Texas?

A: Yes, you can file a claim against someone for assault in Texas. Assault is a civil wrong as well as a criminal offense, and victims of assault have the right to seek compensation through a civil legal claim. An assault is deemed civil if there are threats and attempts to hurt someone physically and is considered criminal when an individual causes bodily injury to another person. To have a legal case, both intent and damages must be present.

Q: How Much Is a Simple Assault Charge in Texas?

A: How much a simple assault charge in Texas varies based on the specific details of the incident, the defendant’s criminal history, and the jurisdiction where the case is prosecuted. There are many fees surrounding a simple assault, not solely with the financial penalties of the crime but also with legal fees, court costs, bail, probation fees, restitution, and any required programs or classes. The total cost can vary widely, given the unique circumstances of each case.

Q: Can You Get Assault Charges Dropped in Texas?

A: Assault charges can be dropped in Texas in several circumstances. To get an assault charge dropped, there are strategies to pursue, such as lack of evidence, proof that an individual acted in self-defense, proof of consent of mutual combat, a false accusation, and procedural errors from law enforcement. To get assault charges dropped, it is essential to speak with a trusted assault lawyer who can help navigate the legal system and possibly even pursue expungement.

Q: How Long Does an Assault Case Last in Texas?

A: The length of an assault case in Texas can depend on several factors that influence each case timeline. These factors include the length of time it takes to complete the initial investigations, file charges, arrange the pre-trial and trial, and finally, the resolution. Each of these steps of the process can take significant time. To ensure a more efficient and smooth process it is essential to meet with a trustworthy assault lawyer, they can help with various aspects of the case.

Q: Am I Legally Required to Hire an Assault Lawyer in Texas?

A: You are not legally required to get an assault lawyer in Texas, but it is highly advisable when you are facing assault charges. A criminal defense lawyer can provide crucial assistance when navigating the complex criminal legal system and work to achieve a favorable outcome for your case. A lawyer can review and evaluate your case, represent you in court and during negotiations, protect your rights, and work to reduce penalties.

When to Hire a Houston Assault Lawyer?

To ensure the best defense in your case, you should hire a Houston assault lawyer immediately after a warrant has been issued to arrest or arraignment on assault charges. Once you are arraigned in Houston’s criminal court, you are officially charged with a crime and could face time in jail between the date of arraignment and your trial.

Throughout this entire process, you deserve a committed, competent, and invested private lawyer to ensure your rights are respected and your defense robust. At Greco Neyland, we provide a criminal defense that specifically meets these goals. Contact us to learn more.