Assault
Assault Charges Defense in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties
Assault charges are a serious matter and a conviction will remain on your record for life. If you are facing assault charges in Houston, including assault, aggravated assault, domestic violence, family violence, or child abuse, your successful defense can hinge on finding an attorney who is skilled in defending these types of allegations.
Assault charges can range from simple to aggravated, and the severity of the sentence depends on whether the state charges you with misdemeanor or felony assault. Factors that may influence the degree of the assault charges filed against you are the extent of the injuries involved and any prior acts of violence on your record. If convicted, sentences for assault can range from fines and probation for simple assault to significant jail time (up to 20 years) for aggravated assault. Below are some charges that fall under the category of assault.
Aggravated Assault
Aggravated assault and other violent crimes are vigorously prosecuted and harshly punished in Texas. It’s hard to avoid spending time in jail for an aggravated assault conviction. Yet not every alleged assault crime results in a conviction. The filing of criminal charges can arise from unintentional or accidental circumstances. As with any serious criminal charge, an effective defense is required to avoid a life altering conviction.
Using a deadly weapon to commit an assault or inflicting a bodily injury can result in an aggravated assault prosecution. The Texas Penal Code specifically mentions a number of potential deadly weapons, including machine guns, explosive devices, firearms, knives, knuckles, clubs and mace.
Most aggravated assault cases involve a victim that has suffered a bodily injury of some sort. This includes the infliction of pain, illness or impairment to any part of the body. Serious bodily injury includes any injury that causes death, disfigurement or impairment. Aggravated assault is punishable by a 2nd degree felony conviction, a maximum 20 year prison sentence and a fine of no more than $10,000. A 1st degree felony conviction is punishable by up to life in prison.
Assault of a Family Member
Domestic violence is a serious misdemeanor offense in Texas. It’s not even necessary to assault a family member or significant other to be charged with domestic violence. Merely threatening your girlfriend, spouse or other family member is sufficient. Moreover, it’s not necessary for the police to witness the crime to make an arrest. Evidence of an injury or witness testimony can be used to establish probable cause.
Intentionally threatening or causing bodily injury to a family member constitutes domestic assault. Knowingly making physical contact that is regarded as offensive by a family member can also lead to domestic violence charges. Moreover, causing bodily injury or using a weapon can enhance the charge to aggravated assault.
The court system has the authority to institute special safeguards in domestic abuse cases. The judge may issue protective orders that prevent a defendant from making contact with a spouse, former spouse, romantic interest or other family member. An assault conviction is punishable by incarceration, fines, probation and community supervision.
Intoxicated Assault
The state of Texas has enacted severe penalties for intoxication assault with a vehicle. It’s really not that hard for a law enforcement officer to make an arrest on suspicion of intoxication assault. Yet the prosecutor has to prove beyond a reasonable doubt that you were intoxicated when the incident occurred. Meeting this extremely high evidentiary standard isn’t that easy.
The prosecution often relies on a high blood alcohol content test result to prove that a defendant was legally intoxicated when the alleged incident occurred. It’s well known, however, that alcohol blood content levels continue to rise for up to 90 minutes after consuming an alcoholic beverage. Therefore, a BAC test result may not reflect the actual alcohol content level when the incident occurred.
Intoxication assault is a serious felony crime. A third degree felony charge is punishable by a maximum 10 year prison sentence and a possible $10,000 fine. A manslaughter conviction is a second degree felony and is punishable by a maximum 20 year prison sentence and a possible $10,000 fine.
Assault Charges Attorney
Assault charges should not be taken lightly and should be addressed promptly with aggressive and experienced legal representation. Attorney Greg Tsioros knows the steps necessary to protect the rights of clients facing charges of assault or domestic violence in Houston. As a former assistant district attorney for Harris County, Mr. Tsioros is familiar with the strategies employed by the prosecution and can use this to formulate a solid defense strategy.
If you are being investigated for assault or have already been charged, never agree to speak to the police without an attorney present. Investigators employ a variety of tactics to coerce confessions and other incriminating statements including promises of rewards for cooperation. Never speak to a police investigator or any other authority regarding the charges against you without a criminal defense attorney present. Houston assault lawyer Greg Tsioros has extensive experience in defending clients from charges involving assault and domestic violence. The guidance of a qualified attorney is imperative in the protection of your rights and the development of a proper defense against Houston assault charges. Call the Law Office of Greg Tsioros today for a free assault charge consultation.