Did you know that you don’t need to fight with someone in order to be charged with assault? Simply pushing or threatening someone could result in an assault charge if the victim had good reason to believe that you had the ability to follow through on the threats or go from pushing to even more aggressive behavior. An assault attorney can help ensure your story is heard, and the facts are presented.
There are several types of assault charges, some misdemeanors and others felonies. If you are facing any type of assault charge, it is important to have a criminal defense attorney who will work hard to defend your rights and obtain the best outcome possible in your case.
Assault Defense Lawyers
At Gireud | Hobbs, PLLC, our San Antonio criminal defense attorneys believe strongly that part of being an assault attorney is guiding defendants through the legal system. If we defend you against assault charges, we will make sure you understand the process and are able to make informed decisions about your case. To learn how we can help you fight an assault charge, call (210) 787-3916 or contact us online to schedule a free consultation.
Assault and Aggravated Assault Charges in Texas
Simple assault, which is usually a misdemeanor, could be a Class C misdemeanor if the defendant simply threatened, touched, or failed to cause pain. It is a Class B misdemeanor if the threats and pushing are against a sports official and a Class A misdemeanor if the alleged victim felt pain.
You read that correctly: pain! That’s all it takes to have a class A assault filed against you. You could pinch someone on the street and be facing 1 year in jail.
However, simple assault can be changed to a third-degree felony if the state can prove that:
- You had a previous domestic violence conviction and the assault was committed against a family member or romantic partner
- You assaulted a government employee for doing his or her job
- You assaulted an emergency or security employee for doing his or her job
Aggravated assault, which either causes serious injury or involves use of a weapon, is a second-degree felony unless the victim was a public official, security guard or a criminal witness, or the offense was an act of domestic violence. In these circumstances, the aggravated assault becomes a first-degree felony.
Sexual assault is usually a second-degree felony. However, it can become a first-degree felony if the victim was elderly, or there were severe injuries, a weapon was used or there were threats of death. In such instances, it becomes aggravated sexual assault.
Domestic assault (Assault Family Violence) can be a misdemeanor or a first, second or third degree felony, depending on the victim, whether a weapon was used or whether the defendant had a prior conviction of domestic assault.
The penalties for a conviction on these offenses range from probation to life in prison plus fines.
Fighting Aggravated Assault Charges
When you hire our law firm, our San Antonio assault defense lawyers will review the facts presented by the district attorney’s office, make sure any physical evidence is handled properly and identify mitigating circumstances.
We investigate the possibility that the assault charges may be a lie resulting from a divorce or child custody battle. We try to find witnesses, and employ experts who can testify to the nature of injuries or the mechanism of the assault. Above all, we fight to protect your rights throughout the legal process.