Houston, TX Assault Defense Lawyer

What This Page Covers:

• Definition: In Texas, assault includes battery, meaning any unwanted physical contact, even minor, can lead to an arrest. Understanding these nuances is critical.
• Types of Assault: In Texas, assault charges can range from simple assault to aggravated assault. These include offenses like assault with a deadly weapon, assault on a public servant, and domestic violence assault, each carrying different penalties.
• Punishment Ranges: Assault in Houston can range from a Class A misdemeanor to a first-degree felony. Punishments vary widely, from fines and short jail terms to life imprisonment, depending on the severity and circumstances of the offense.
• Legal Support: Mary E. Conn & Associates provides experienced legal defense for various assault charges. Our team helps clients understand their rights and navigate the complex legal system. Contact us for a consultation to discuss your case.
• Please call us now at (713) 357-4190 to retain our assistance and schedule a consultation.

Assault charges are often misunderstood by the public, given the varying definitions of the crime “assault” in different states.  Without an experienced legal team on your side, it is easy to misunderstand the criminal implications. In some states, assault is a separate charge from battery, while in other states (like Texas), assault includes battery as well. Additionally, assault can also be something as unintentional as simply brushing against someone in a crowded bus. An arrest can initially occur based on minor allegations and it takes a trial or a minimum of negotiations with the prosecution or the court to reach dismissal or an appropriate resolution if an assault occurred. A Houston assault conviction relies upon the intention of the actor. Therefore, it is important to contact an experienced Houston assault defense lawyer from Mary E. Conn & Associates as soon as possible after your arrest for assault.

What is Assault?

The Texas penal code separates assault into both ordinary assault and aggravated assault, each of which carries a different definition and punishment range.

The crime of assault in Houston, Texas, is defined as:

“…intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse; intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse; or intentionally or knowingly causing physical contact with another when the person knew or should have reasonably believed that the other will regard the contact as offensive or provocative.” 

This definition can leave the crime open to many interpretations, such as when certain contact rises to the level of offensive or provocative.

Reckless driving falls within the general definition of aggravated assault. Aggravated assault is additionally considered a lesser offense of attempted murder. An experienced Houston assault defense attorney will assist you in understanding the different crimes which may fall within aggravated assault and assault.

Types of Assault Charges in Houston, Texas 

In Texas, assault charges can encompass a range of offenses, each with its own degree of severity and potential consequences, including the following: 

• Simple assault: This charge involves intentionally causing bodily harm to another individual or threatening them with imminent bodily injury. It can also include intentionally making physical contact with another individual in a provocative or offensive manner. 
• Aggravated assault: Involves causing serious bodily harm to another individual, using or showing a deadly weapon during the assault, or threatening someone with a deadly weapon with intent to cause fear of imminent bodily injury. The severity of the charge depends on factors such as the extent of the injuries and the use of a weapon. 
• Assault with a deadly weapon: If you use or reveal a deadly weapon during an assault incident, you may be charged with assault with a deadly weapon, which includes firearms, explosives, clubs, knives, and metal knuckles.
• Assault on a public servant: This charge applies when an individual assaults a public servant, such as a police officer, firefighter, or emergency medical personnel, while performing official duties. 
• Domestic violence assault: These charges are related to assault offenses committed against family members, household members, or people in a relationship. The degrees of the charges depend on factors such as prior criminal history and the severity of the assault.

It’s important to note the above descriptions provide a general overview of the types of assault charges in Texas. The specific elements of each charge and their associated penalties can vary based on the circumstances of the case. If you’re facing assault charges, seek the legal counsel of Mary E. Conn & Associates to understand the specific implications and potential defenses available to you. An assault defense lawyer in Houston is just a phone call away. 

Assault Punishment Ranges in Houston, TX

Ordinary Houston assault is a Class A misdemeanor, although may sometimes reach the level of a third degree felony in specific situations, such as when the assault is against a public servant.  A Class A misdemeanor is a lower offense than a felony, and carries with it a punishment of up to one year in county jail and a fine of up to $4,000.  Read more on the the different classifications of  Misdemeanors. A third degree felony, on the other hand, is a more severe offense.  Felony convictions have a lasting impact on a person’s ability to find gainful employment, vote in general elections, and even maintain custody of their children.  A third degree felony has a punishment range of 2-10 years in prison with a potential fine of up to $10,000.

Aggravated assault is a second degree felony, and similarly may reach the level of a first degree felony in specific situations, such as against a public servant.  A first degree felony has a punishment range of either life or 5-99 years in prison.  A first degree felony conviction may also include up to a $10,000 fine.

Of course, assaults in Houston can range from a Class C misdemeanor assault, which could be any minor touching of any kind, up to a capital murder charge, and everything in between.  There are Class B assaults, First, Second and Third Degree Felony assaults, each building upon the intent, the act, and the result of each individual situation.  This is why you need the experienced Houston assault defense lawyers to represent you, to avoid more serious penalties for minor infractions.

Potential Assault Charge Defenses 

The following are common defenses that may be used in assault charge cases, depending on the circumstances of the incident: 

• Self-defense 
• Defense of others 
• Defense of property 
• Lack of intent 
• False accusations 
• Alibi 
• Excessive force by law enforcement 
• Miranda Rights Violations

Call the lawyers at Mary E. Conn & Associates to determine the best strategy for your tailored defense. 

Common Questions You May Have About Assault Charges

Our team can provide helpful answers if you have any questions about the specific information related to your claim. The following are some common questions that our clients have about assault charges, as well as our answers:

• Can I get an assault charge taken off my record? Yes, you may be able to get an assault charge expunged. You may be eligible if your case was dismissed, a jury found you not guilty, or if you completed a deferred adjudication probation. Some charges, including those against family members, may not be eligible for expungement.
• Who is a family member? A family member may include a spouse, romantic partner, former spouse or partner, your child or parent, a roommate or other person you live with, or someone with whom you share a child. This information may be helpful if you have been charged with Family Violence or another domestic violence offense.
• Can a victim drop their assault case charges? Unfortunately, a victim cannot drop or dismiss an assault claim once it has been filed. However, your case may be dropped by a district attorney in certain circumstances.
• Should I accept a plea agreement for my assault charge? While a plea agreement may be helpful in certain circumstances, our lawyers encourage you to listen to the recommendations made by your attorney. Only a lawyer with a strong understanding of your claim can make an informed decision about this approach.
• What if I have a witness who can argue on my behalf? If you have one or more witnesses who might improve the appearance of your case, our lawyers encourage you to share relevant information with your attorney. Your lawyer can help demonstrate your version of events in a better light, reducing or eliminating penalties.
• How much jail time do you serve after an assault conviction? While someone convicted of assault may spend a great deal of time in jail, this is only representative of the most severe cases. Most often, you will face reduced jail time when you work with a qualified criminal defense attorney during your case.

Our team is pleased to answer any additional questions relating to your specific charges, so don’t hesitate to contact us. Call Mary E. Conn & Associates now to get access to helpful information, retain a dedicated attorney, and protect your rights.

How Can an Assault Defense Lawyer Help With Your Case?

If you have been charged with assault of any kind, you may feel concerned about what comes next. However, by working with a qualified and experienced assault defense attorney, such as one from Mary E. Conn & Associates, you can reduce the severity of your penalties.

When you retain one of our talented attorneys, you can gain valuable assistance in the following ways:

• Analysis of prosecutor investigations
• Interview witnesses
• Help formulate a plea, if necessary
• Evaluate potential sentencing
• Gather and analyze evidence related to your case
• Review of all necessary legal procedures, including search and seizure
• Complete and file paperwork on time and accurately
• Connect you with additional helpful personnel
• Communicate with other parties on your behalf
• Make recommendations tailored to your needs and circumstances

Please reach out to us as soon as possible at (713)357-4190, as this will help ensure our firm has sufficient time to dedicate to your case. When you work with us, you can face less stress, spend less time in court proceedings and litigation, and reduce the severity of any penalties and consequences. Call Mary E. Conn & Associates now to gain access to invaluable resources and support.

Mary E. Conn & Associates | Houston Assault Defense Attorney

If you have been arrested on charges of assault in Houston, do not hesitate to contact Mary E. Conn & Associates. Our experienced legal team has spent years defending Houston clients against criminal charges, including assault. Assault charges in Houston and surrounding areas are often based on the testimony of one victim or witness, so many different interpretations can exist regarding what actually took place. An assault arrest is not yet a conviction, and our criminal defense lawyers fight tirelessly to ensure your facts are accurately presented to the judge and jury.  

Contact one of our dedicated Houston assault defense lawyers at our Houston office today for your initial free consultation at (713) 357-4190 or fill out a contact form. Our firm is located just twenty minutes from the Harris County Courthouse.

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