If you have been charged with assault in Houston, Texas, call our office at 281-868-8352 or fill out a consultation request form. We answer phones 24/7.
ASSAULT DEFENSE ATTORNEY
If you have been charged with assault in Houston, Texas, or have reason to believe you are being investigated for assault in Houston, Texas, you must speak with an attorney immediately. An assault conviction can carry with it expensive fines and serious prison time.
Our office is experienced in crafting an effective and aggressive assault defense and is ready to fight for you in court. If you have been charged with misdemeanor assault, aggravated assault, or any related offense, contact our assault attorneys in Houston, Texas at 281-868-8352.
WHAT IS ASSAULT IN TEXAS?
In its most basic form, assault in Texas ranges from misdemeanor class C to misdemeanor class A, is punishable by up to 1 year in jail and up to a $4,000 fine. There are several ways that assault may be charged as a felony and even be charged as "aggravated assault" if certain criteria are met. The Texas Penal Code defines assault as:
Tex. Penal Code Ann. § 22.01 (a) Assault
- (a) A person commits an offense if the person:
- (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
- (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
- (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
WHEN IS ASSAULT A FELONY?
There are several ways that an assault may be charged as a felony offense. These more serious charges can range from a third degree felony offense up to a first degree felony offense. Examples include:
- Assault of a public servant (third degree felony)
- Multiple assault of a family member convictions (third degree felony)
- Assault by impeding breath (third degree felony)
- Assault by impeding breath of a family member with a previous conviction (second degree felony)
- Assault causing serious bodily injury to another (second degree felony)
- Assault by using a deadly weapon during the assault (second degree felony)
- Assault using a deadly weapon and causing serious bodily injury (first degree felony)
Defined in Texas's Penal Code, Chapter 22, family violence is “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”
Continuous Violence Against the Family
Continued violence against the family is defined in chapter 25 of the Texas Penal Code. The offense is committed if two or more acts of domestic assault committed against a family or household member within a single twelve-month period. Continued violence against the family is a third-degree felony and can be added as an additional charge alongside other pending family violence charges.
Affirmative Finding of Family Violence
If convicted at trial of assault against a family member, the court will make an "affirmative finding of family violence". This has long-lasting consequences such as:
Not being able to lease an apartment or home
- Trouble finding a job
- Being disqualified from enrolling in higher education opportunities
- Prohibition from owning a firearm
- Enhanced penalties during punishment and in any future charges
What if the Alleged Victim Does not Want to Press Charges?
In most cases, the complaining witness of the assault will try to stop the State of Texas from prosecuting assault charges by filing an affidavit of non-prosecution, essentially telling the prosecutor they do not want to press charges. The prosecutor will almost always continue to pursue charges, even when the complaining witness does not want to.
Make no mistake, the court will listen to the prosecutor's determination that a protective order be enforced, which calls for no contact between the complaining witness and the accused. If violated, you will be prosecuted further and have much more on your plate than before.
DEFENSES TO ASSAULT
- Defending another person
- Lack of proof
- Witness testimony against accuser
Assault can come in different forms, both misdemeanor and felony. If you have been charged with misdemeanor assault, it is in your best interest to speak with a lawyer and weigh your options. Even though misdemeanors carry significantly less penalties than felonies, they can do just as much harm if you do not handle them properly. If you are charged with felony assault I Houston, call our office and talk about your case with our team of experienced investigators and aggressive attorneys.