Fort Bend Assault Lawyer

Fort Bend Assault Attorney

Being charged with an assault is no small matter. A conviction can leave significant consequences, both to your personal life as well as your professional life, especially once you have a criminal record. It is important to handle such accusations with precision and care. A Fort Bend assault lawyer can defend you against an assault charge, using their knowledge and experience to obtain lessened charges or potentially even get them dropped.

Assault Charges in Texas

Assault is a broad term that can be used to identify a number of offenses. Different classifications of assault carry different penalties for those who are found guilty. In general, assault refers to any act of aggression or violence that could reasonably cause a person harm or lead them to fear that they will be harmed.

While assault can involve physical contact, it can also include instances where an offender only threatens to physically harm someone else. In some cases, a weapon may also be used, such as a gun or a knife. The details of a specific situation are important to each case, as they will impact how an offender is tried and what consequences they may face.

Misdemeanor Charges

Assault cases are sometimes classified as levels of misdemeanors. In Texas, an assault can be classified as a misdemeanor if certain criteria are present. Below are the categories for misdemeanors:

• Class A Misdemeanor: This classification refers to the most serious forms of misdemeanors and, in this case, assault. Assault charges that fall into this category have resulted in physical harm but not severe injury.
• Class B Misdemeanor: This is a less severe charge than Class A. An example would be two sports players who are involved in an altercation on the field.
• Class C Misdemeanor: Class C misdemeanors are the least severe, often referring to instances of simple threats or offensive gestures.

Being charged with misdemeanor assault generally results in less serious consequences than a felony, but there are still repercussions. Typical ramifications include relatively small fines and/or shorter periods of time in jail. However, there are some cases in which assault may be classified as a misdemeanor, but it may still result in thousands of dollars in fines and up to a year of incarceration.

Felony Charges

There are also categories for felony charges in Texas. Various circumstances of assault can be placed in these, including:

• First-Degree Felony Assault: This class is reserved for the most serious offenses which result in serious bodily injury. Cases may include offenses against a family member, a public official, or domestic relatives. These instances would also include aggravating factors.
• Second-Degree Felony Assault: These cases also result in serious injury but may be lacking the aggravated details of a first-degree offense.
• Third-Degree Felony Assault: This classification can include assault against a public servant. It also involves cases in which the offender is a repeat offender, or the victim is a family member. These would be the least serious cases on a felony scale.

Penalties for being charged with a felony of any kind will likely be severe. However, the exact punishment depends on the degree of felony you are charged with. At the least, you will probably face a few years in jail and a somewhat hefty fine. For particularly severe offenses, you may spend up to 99 years in jail and be required to pay thousands of dollars in fines.

How the Severity of an Assault Case Is Determined in Fort Bend, TX

Many details and factors go into classifying an assault case as either a misdemeanor or a felony. Prosecutors can then determine which level it fits into from there. These decisions are made based on facts gathered from the assault investigation. Some details that are considered include:

• How serious the injury is: This is one of the first facts to be considered when trying to classify an assault case. If the victim experienced minimal to no physical injury, your chances of being charged with a misdemeanor are better. However, if the victim suffered serious harm, such as disfigurement, the impairment of a limb or organ, or any other permanent damages, you may be charged with a felony.
• The identity of the victim: Who the victim is has a crucial role in determining the classification of an assault. For example, an assault against a police officer or government official will be treated more seriously and, oftentimes, as a felony. Assaults against family members are also held with a higher regard.
• Whether a weapon was used: The use of a weapon increases the severity of the situation and, therefore, the penalty. The presence of a deadly weapon can be used to prove an offender’s intention to kill the victim, turning the case into a felony. Deadly weapons do not only refer to guns and knives; they can also include any other weapon that could reasonably be used to take someone’s life.
• Prior convictions of the offender: For those who have a record of assault and/or other crimes, another case of assault may be treated more severely. As your record grows, the chances you have of being tried for a felony increases in Texas.

Defending Against Assault Charges in Fort Bend, TX

Being charged with assault does not mean your life is over, especially if you have not even been convicted yet. There are many ways that you can fight accusations of assault, some of which include:

• Hiring a criminal defense attorney who has experience in handling assault cases. Criminal defense attorneys often handle a wide variety of cases because there are so many types of crimes. Assault crimes, in particular, can be complex, which is why it is important to research and find lawyers who have handled assault cases before.
• Gathering evidence to show a need for self-defense. You may be in a situation where the victim started the altercation or gave you reason to believe that you were the one in danger, resulting in your aggression. In Texas, you have a certain designated right to defend yourself from harm. Proving that you were acting in self-defense can add strength to a defense case.

FAQs

Q: Can You Sue Someone for Assaulting You in Texas?

A: Yes, you can sue someone for assaulting you in Texas. Because Texas law uses the term “assault” to refer to a variety of situations and specific offenses, it is important that you recall and share with your attorney all the details concerning the attack you experienced. For example, if someone assaulted you with a weapon, it should be noted that there was a weapon present, regardless of whether it was ever used. Each detail is important.

Q: Can Assault Charges Be Dropped by the Victim in Texas?

A: While it can be difficult to drop assault charges as a victim in Texas, it is not impossible. It is possible for the prosecutor to continue to prosecute the person who has been accused of assault, even if you recant your statement. However, you can take some steps to help get the charges dropped. Some of these include submitting an affidavit of non-prosecution and legally correcting the statement(s) you made to the police.

Q: What Are the Penalties for an Assault Charge in Texas?

A: The penalties for being convicted of an assault charge in Fort Bend and other areas of Texas will be specifically based on the details of the crime. For example, those convicted of simple assault may only face a short amount of jail time and/or a fine. Those who have been convicted of a different classification of assault, such as assault with a deadly weapon, may face a more extended period of time in jail as well as heavier fines.

Q: How Long After an Assault Can You Press Charges in Texas?

A: There is no time limit for how long you must wait after an assault has occurred to press charges in Texas. There is, however, a statute of limitations on how much time can pass before you file a claim. The statute of limitations on your particular case will depend on whether it is a misdemeanor or a felony. Most misdemeanors must be filed within two years of the occurrence, and felonies within three years unless otherwise specified.

Greco Neyland, PC: Your Fort Bend Assault Lawyers

If you are facing assault allegations, one of the first steps you can take is to reach out to a knowledgeable Fort Bend assault attorney and ask questions. Dealing with an assault charge can have serious, long-lasting implications on your life. A Fort Bend assault lawyer who has handled many assault cases and has experience with various types can review your case and answer any questions you may have.

One of the goals of a defense attorney is to guide you through the legal process, which may seem overwhelming and confusing to you. When you share your side of the story, they can gain a better understanding of how to build a compelling defense and advocate for your interests. Reach out to Greco Neyland, PC, today to learn more about how our firm can assist you.