Passionate League City Lawyer Serving Clients Accused of Assault
The terms “assault” and “battery” are often used interchangeably, but they are two distinct terms. Assault refers to the threat that creates a reasonable fear. It occurs before the battery (physical contact such as hitting or shoving) takes place. It is often referred to as attempted battery.
Assault and battery are two separate crimes, but people are often charged with both because assault tends to lead into battery. Assault may or may not include a weapon. When it does, it becomes aggravated assault. Aggravated assault may also use a vehicle as a deadly weapon. This crime results in stiffer punishment.
If you are facing assault charges, seek legal help right away. The League City assault lawyers at Scott M. Brown & Associates will defend your rights and freedom every step of the way.
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What the Law Says
According to Texas Penal Code Sec. 22.01, assault occurs when a person intentionally or recklessly threatens or causes bodily injury to another person, including a spouse. Assault can result in various misdemeanor and felony charges. For example, if someone threatens another person with bodily harm in an offensive manner, this is a Class C misdemeanor, which is punishable by a $500 fine.
A Class B misdemeanor occurs when a person assaults a sports participant. This results in 180 days in a jail and a fine of up to $2,000. When a person causes bodily injury to another person, assault under these circumstances is typically a Class A misdemeanor. This is the most serious misdemeanor charge, resulting in a fine of up to $4,000 and up to one year in jail.
However, an assault charge becomes elevated to a third degree felony if it is committed on a public servant, if the person attempts to cut off the circulation of the victim (via strangulation) or if the person has a previous assault conviction. Punishment for a third degree felony results in 2-10 years in prison and a fine of up to $10,000.
A second degree felony occurs when the offense is committed against a family member. This is punishable by 2-20 years in prison and a $10,000 fine.
Assault is a first degree felony when it results in serious injury and/or a weapon is involved. This is punishable by 5-99 years in prison and a $10,000 fine.
As you can see, assault can result in serious punishment. If you are facing assault charges, contact the League City assault lawyers at Scott M. Brown & Associates right away to retain your freedom.
Have You Been Charged With Assault?
People make mistakes, and in the heat of the moment, people can get overly emotional and end up threatening another person in a physical manner. The right legal help can remedy your mistake by reducing your penalties and even eliminating your charges altogether.
Assault can be serious and lead to felony charges. The League City assault lawyers at Scott M. Brown & Associates will provide you with the best defense possible so you can avoid jail time. To see how we can help you, contact us today at (281) 612-8241.