Assault Causes Bodily Injury Family Violence-texas Penal Code
A person can face attack charges in Texas if their actions intentionally or recklessly caused actual harm to another person. These charges tin stalk from various situations, including striking, pushing, kick, or choking. Fifty-fifty the threat of harming someone physically can lead to an set on accuse in Texas.
If you are convicted of an assault charge, you will have a criminal record that follows y'all and could adversely affect your futurity. Although you face these allegations, you have the legal right to hire a Texas assault lawyer who can challenge the accuse against you and seek to get them reduced, dismissed, or dropped. Our legal team at the Law Offices of Randall B. Isenberg will review your legal options with you today during a gratis and private consultation.
How Texas Penal Code Ch 22.01 Defines Assault
The definition of assault is broad. Under Texas Penal Code Ch 22.01 – Attack , an individual commits misdemeanor assail if they intentionally, knowingly, or recklessly:
- Cause bodily injury to another
- Threaten bodily injury to some other
- Crusade concrete contact with some other, while knowing the action will be seen every bit provocative or offensive
If the assault was on specific subsets of people, you could be charged with aggravated attack. Examples include:
- Police officers
- Judges
- Security personnel
- Emergency response personnel
- Elderly people
- People with disabilities
- Public servants
The charges tin also be severe if aggravating factors be, such as harming a family member or causing severe injuries that necessitate a hospital stay. Aggravated assault is a second-degree felony in Texas and can be punishable by up to 20 years in prison house.
How Our Texas Assail Lawyer Will Defend Your Case
Hiring a criminal defense attorney to handle your set on case puts a legal abet in your corner who volition protect your rights, put your best defense forrard, and explain how all laws and developments affect your case. At that place are several benefits to retaining an attorney when facing set on charges. For case, we can:
- Represent you in all legal proceedings and communications with regime
- Review the facts and circumstances involved regarding the alleged assault
- Collect evidence available that supports your version of what happened
- Decide if law enforcement violated your rights in whatever way earlier, during, or afterwards arresting you
- Negotiate with the prosecution to reduce, dismiss, or drop your charges
- Build a case that could pb to a court hearing and end a favorable ruling in your case
We will gladly respond all your questions and concerns and make sure you understand how the legal process works.
Possible Defenses to Assail Charges in Texas
We customize each customer's defence strategy according to the specifics in their instance, but a few defenses commonly come upwardly in assault cases. Below are 3 that could apply to your state of affairs:
- Disputing the bear witness: This involves invalidating the prosecution's evidence based on the facts of your case. For example, we may affirm that the state violated your civil rights or that your situation was a example of mistaken identity. Nosotros could also counter that the prosecutors failed to show the charge or an element of the accuse.
- Affirmative defense: If you admit to the offense merely tin can offer bear witness that legally justifies your actions, we could offer an affirmative defense to help get your charges reduced, the fines and penalties reduced, or the charge entirely dismissed.
- Self-defense: Self-defense is the human action of using force to defend yourself. Texas allows citizens the correct to defend themselves if feeling threatened. A lawyer could utilize this defense to explain their client's actions, but they must show that the force used in self-defence force was in proportion to the harm that was present or believed to be present. TX Penal Code § 9.31 – 9.33 are the provisions that address cocky-defence – they clarify when mortiferous force is justified and when information technology isn't.
To be arrested on the spot by law enforcement for set on, the police must witness y'all in the human action of assaulting someone. Otherwise, they may upshot a citation for you to appear in courtroom, or they may get an arrest warrant from a estimate. Withal, if this was a domestic assault, the police would arrest you on the spot.
What Happens After a Texas Assail Arrest?
If you lot take been arrested on assail charges in Texas, y'all will accept to announced before a approximate or magistrate. They will read the charges and inform you of your rights, such as the correct to have an attorney represent you.
You volition as well take the right to an examining trial, where the prosecution must constitute the reasons for your arrest. The gauge will inform you of your next court advent and then prepare bail – or you may exist released on your own recognizance. You may confront one of the following:
- Class C misdemeanor for threatening actual harm or offensive physical contact
- Class B misdemeanor for assaulting a sports participant
- Grade A misdemeanor for causing bodily injury to an elderly person
- Third-degree felony for assaulting a family member or other protected status individuals (This too includes intoxicated assault, assaulting someone while intoxicated.)
- Second-degree felony for assaulting a family member by choking them
- Get-go-degree felony for aggravated assault confronting a domestic partner or other protected condition individuals
- Aggravated assault if the injuries were severe, or a weapon was used in the commission of the assault
An Arraignment Involving a Texas Assail Accuse
The arraignment is your first court hearing after receiving charges, where you will enter a plea of guilty or not guilty. At this point, your attorney or the prosecution may ask for a continuance to farther investigate your example. If you and your attorney determine to request a plea deal for reduced charges, and the decision remains unclear, your case will keep to a trial.
The Trial After an Assail Charge
A misdemeanor case has half-dozen jurors, while a felony case has 12 jurors. The prosecution must show that you are guilty across a reasonable incertitude. If you are bedevilled, the fines and penalties may be:
- Up to $500 for a Class C misdemeanor
- Up to 180 days in jail and a fine of upwardly to $2,000 for a Class B misdemeanor
- Up to 1 yr in jail and a fine of upwards to $4,000 for a Class A misdemeanor
- Up to 10 years in prison house and a fine of up to $10,000 for a third-caste felony
- From two to 20 years in prison and a fine of upwards to $10,000 for a second-caste felony
- From five years to life in prison plus a fine ready by the judge
Wherever y'all are in the legal process, our assault defense team will be there with you. Throughout all stages of your case, nosotros will offer guidance and propose y'all on what to expect and what your options are. We are transparent with our clients, giving them straightforward counsel.
Results of Our Recent Set on Cases in Texas
We will ever set out to become the nearly favorable upshot for your instance. Here are some results from attack cases we have handled for our clients:
- Aggravated Assault with Deadly Weapon – Deferred Probation
- Set on Movement for Speedy Trial – Granted and Case Dismissed
- Aggravated Attack of Public Servant – Deferred Probation
- Assail Causing Bodily Injury Family Violence – Dismissed
Our By Clients Know What We're All Most
We take each and every client's case seriously, listening to their concerns and helping them understand what's a stake. Our attorneys have helped many clients kickoff their lives anew after their legal battles. Here are a few testimonials from people nosotros have defended:
- "The Isenberg law offices are filled with professionals who accept every case and client seriously, every bit if they're going up to bat for their own family members. Our family unit will look just to Isenberg whenever we need a great lawyer." – Christopher
- "There's a reason Randall Isenberg was listed amongst the 'Best Lawyers in Dallas ' by D Magazine. He truly is at the superlative in his field. Having true representation by a quondam land district approximate, with all his experience, was worth every penny I spent on my defense. I've seen friends sold down river past courtroom appointed attorneys , and I thank God that I didn't have to have that path." – Arnold
- "They really know how to do their job right. And will get you the best deal possible…" – Julia Ann Murchison
Call Us to Get Started on Your Texas Set on Case Today
If y'all accept been arrested on a simple assail accuse or a felony assault charge in Dallas-Fort Worth, Texas, or the surrounding area, our assault attorney is ready to hear about your potential case.
Don't delay, as the clock on your example is ticking. Call the legal team at the Law Offices of Randall B. Isenberg at (214) 696-9253 to learn more about your legal options and next steps during a free consultation.
Source: https://www.rbisenberg.com/texas-penal-code-section-22-01/assault/
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