Assault
Houston Assault Lawyer
Texas law says the crime of assault occurs when an individual recklessly or intentionally inflicts physical harm on another person. People may also be charged with assault for merely threatening to harm others. If the accused are alleged to have used, or threatened to use, a weapon of any kind, the charge may be heightened to aggravated assault or even assault with a deadly weapon.
In Texas, Any Assault Charge is Serious
The state of Texas recognizes two types of assault: misdemeanor assault and felony assault.
- A misdemeanor assault (also known as “simple assault”) involves threats of bodily harm and sometimes comprises of minor injuries. In general, a law enforcement officer must witness a simple assault in order to make an arrest. The only exceptions to this rule are when an alleged assault is directed at a family member or if witnesses at the scene identify the accused as the aggressor. Under certain circumstances, such as assault on police officers or emergency services personnel, the charge may be escalated to a higher misdemeanor degree or even a felony.
- A felony assault involves a family member (domestic assault) or a weapon (aggravated assault or assault with a deadly weapon). It may also comprise of serious bodily injuries. If there was a sexual component to the assault, the charge may be escalated to a higher felony degree.
Defenses Against Assault Charges
Assault charges can be defended successfully under a variety of conditions. It is the prosecutor’s responsibility to prove that an assault, as defined under Texas law, did in fact occur. Also, any discrepancies in witness testimonies may be sufficient enough to have the case dismissed or reduced in severity. Other defenses an experienced assault charge attorney may use include:
- Self-defense against a real or implied threat
- Protection of another person or of one’s property
Contact an Assault Charge Lawyer
Assault charge defense lawyer Brett Podolsky has years of experience in all aspects of criminal law and has successfully defended hundreds of assault cases. Attorney Podolsky will personally look over the facts of your case to make sure the charges against you are justified and that the state has sufficient evidence to proceed with prosecution. You should begin your aggressive defense against assault charges by contacting Brett Podolsky today at 713-227-0087.
