Assault Attorney in Houston, Texas
Assault is always regarded as a crime against the state of Texas, and criminal prosecutors will always handle the criminal cases thoroughly. If a person injures another person knowingly, willfully, or carelessly, they have most likely committed a crime. If you or someone you know is facing assault criminal charges in Houston, Texas, you need an experienced defense attorney since charges against it are serious once you are proven guilty beyond a reasonable doubt. You face penalties such as fines or imprisonment.
Scott M. Brown & Associates understands that when you are charged with a criminal case, your future is threatened. We vigorously defend our clients in court by maintaining the rule of law and fighting law enforcers who may go to every extent to make you appear guilty. We are one of the most trustworthy law offices in Houston, Texas, and we carry out a thorough investigation, scrutinizing the complainant’s factors and motivations. You do not have to defend yourself alone; Scott M. Brown & Associates is always here to offer legal help.
Why do I need an Assault Attorney in Houston, Texas?
Before you go through the procedures of defending yourself in criminal-court, consider what makes a competent criminal attorney. Being charged with violent crimes is a tough matter because it affects your future rights and privileges. It is critical to look for a skilled defense lawyer or criminal defense law firm that possesses the following:
- Experience. The more serious the crime, the more important it is that you get the best criminal defense lawyer in Houston. You do not want to hire an inexperienced defense attorney. In order to properly defend your rights in court, your lawyer should be experienced and knowledgeable about the state’s criminal laws.
- Integrity. One of the important characters you need to look for is the legal firm’s integrity. It must be transparent and honest in discussing the case and the possible outcomes to you. One approach to assess this is to look at the firm’s reputation by reading reviews and testimonials from its clients. The law firm must have a good track-record.
- Aggressive. You should take the lawyer’s aggressiveness into account. As previously stated, criminal cases are offenses against the state, and the prosecutor is in charge of overseeing them. They have the State’s power behind them. They will grill the defense lawyers thoroughly to ensure the proper handling of the case. To fight for your freedom, your lawyer must know how to defend you and stand up to the prosecutors in the courtroom. Regardless of the state’s threats, your attorney must maintain its aggressiveness.
Scott M. Brown & Associates is a reputable defense firm in Houston, Texas, with years of expertise handling and winning criminal cases. We have the necessary aspect of being aggressive in order to preserve our clients’ best interests. It might be frustrating to be accused of a crime when you know the penalties are severe. If you have been charged or a loved one has been arrested, contact a reliable criminal-lawyer as early as now.
What is Assault?
Sec. 22.01. of the Texas Penal Code specifically enumerated that If a person does the following acts, he or she will be charged with assault:
- “intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
- 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.”
Below are the operative words defined further:
- Bodily Injury. It refers to physical illness or pain, as well as any impairment of a physical situation. This comprises small injuries to the body such as bruises, cuts, scrapes, and so on. A fractured bone is termed “serious bodily injury,” which is an aggravated assault.
- Recklessness. This is a reckless action done against someone without the intent to hurt. For example, pushing someone in a crowded space to get through, resulting in the hurt of another. In this situation, you do not want to harm the individual, yet it may be considered an assault.
- Provocative or Offensive Contact. This refers to an act that did not inflict bodily pain or harm to the victim but caused him or her to feel offended. Poking someone in the chest during a disagreement, or just “getting in someone’s space,” or checking up against a person in a sexually disrespectful way are examples of this type of assault.
What are the penalties for Assault?
The degree of injury done on the victim will always determine the severity of the penalty for assault. The offense might be either a misdemeanor or a felony. A person may be sentenced to prison, probation, fines, or reparation payments. Below are the penalties of assault:
Simple assault including threats or offensive physical contact is usually a Class C misdemeanor, but it can be elevated to a Class A misdemeanor if the victim is incapacitated or old. If the offender assaults a sports official during the event or any participation thereof, it belongs to Class B misdemeanor.
If the assault resulted in bodily injury to the victim, it is deemed a Class A misdemeanor. If a person is convicted of misdemeanor in Houston, Texas, it faces the following penalties:
- for a Class A misdemeanor, up to one year jail time and a $4,000 fine
- for a Class B misdemeanor, up to 180 days jail time and a $2,000 fine, and
- for a Class C misdemeanor, up to a $500 fine.
The penalty for assault resulting in bodily injury raises from a Class A misdemeanor to a third-degree serious felony if the defendant is employed as:
- public servant
- a government employee or contractor
- security officer
- firefighter or emergency services personnel
The defendant committed a third-degree felony by inflicting bodily harm on a pregnant woman or by indulging in repeated acts of domestic violence or family assault. If a person is found guilty of a third-degree felony, they might face up to 2-10 years in jail and a $10,000 fine.
When a person assaults a policeman or a judge in the course of their official responsibilities, they will be charged with a second-degree felony. A person convicted of this offense faces up to 20 years behind bars plus a fine of up to $10,000.
Restitution to Victims
As part of the felony or misdemeanor conviction, the offender may be ordered to pay the victim’s damages. Restitution is the process of repaying the victim for any expenditures incurred as a result of the crime. This includes counseling, medical treatment, or repair on the damaged personal property.
What are the Defenses for Assault?
In general, there are two primary defenses to assault accusations. These defenses will be explained with you by a competent lawyer; thus, you must be aware of the effective strategies that you must apply while defending yourself in court:
- Dispute the evidence presented. In this type of defense, you will seek to refute the prosecution’s evidence. Your defense will rely heavily on the facts you present to reject the evidence and witness testimony.
- Affirmative defense. Affirmative defense, on the other hand, is admitting that you committed the acts accused by the prosecution. You will, nevertheless, give reasonable arguments to legally defend the criminal act. It might have been self-defense because your life was in danger. According to Texas law, self-defense can be justifiable as long as you have a sufficient justification for using force.
Call our Assault Attorney Now!
When you know you are facing criminal charges in Texas, it can be extremely frustrating. Criminal cases are supervised by the prosecutor, who is authorized by the government to address crimes against the state. You are aware that the penalties for assault are relatively severe. For this reason, you deserve an excellent criminal defense attorney in Houston, Texas. You should look at their experience, reputation, and aggressiveness.
Scott M. Brown & Associates is one of the most reputable law firms in town. We handle family law and personal injury matters in addition to criminal cases. Before coming to court, you and your lawyer should extensively analyze the offense of assault and implement effective strategies. Don’t plead guilty; instead, schedule an appointment now!