Criminal Appeals in Houston, Texas

Defending Against Assault Charges in Texas

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Think you can’t go to jail over a simple bar fight?

Think again. Assault charges are extremely serious in Texas. While there are several ways a qualified criminal defense lawyer can help you defend against these charges, it’s usually better to stay out of physical altercations altogether.

Already in trouble? Here’s what you need to know.

How does Texas law define assault?

You can be charged with assault if:

  • You intentionally, knowingly, or recklessly cause bodily injury to another person or their spouse
  • You intentionally or knowingly threaten a person or their spouse with imminent bodily injury
  • You intentionally or knowingly cause physical contact with someone else when you know, or should reasonably believe, that the other person will regard that contact as offensive or provocative

A simple shove can get you charged with assault. Certain threatening statements can also result in an assault charge.

What are the penalties for assault?

Assault can be charged as a Class C misdemeanor, a Class A misdemeanor, or a third-degree felony. The smallest assault charge results in a $500 fine, and you will have a criminal record even if you serve no jail time.

The most serious assault charge can result in up to 20 years in prison and a $10,000 fine.

It is also possible to aggravate an assault charge into a felony punishable by life in prison.

What are the common defenses against assault charges?

The most common defenses that we would use on your behalf would be:

  • That you acted in self-defense and used reasonable force
  • That you acted in defense of a family member and used reasonable force
  • You were defending your own property
  • The victim consented to the assault (i.e., two martial artists agreeing to a spar)

When you bring your case to us, we will review the specific circumstances of your case and craft a strategy for acquittal or for dropped or reduced charges. 

What should you do if you’re arrested for assault?

You should call a qualified criminal lawyer right away. Do not talk to the police, and do not try to contact the victim. The victim cannot drop charges against you, and further attempts to get in touch with them could result in additional charges.

Do not even try to convince the police you were acting in self-defense. Remember, anything you say can be used against you! Self-defense, also known as the Justification Defense, is complex. 

Get Help Today

If you’ve been charged with an assault in Harris County, turn to the Hill Law Firm. Put our 50 years of combined experience to work. 

Call (713) 597-2250 today.

Posted in: Blog, Domestic Violence Charges in Texas, DWI Charges

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