In Texas, What Are Your Rights if You Are Charged With Assault?
Criminal law in the State of Texas makes no distinction between assault and battery. In this state, both of these crimes are charged as assault. If you face an assault charge in or near Prosper or McKinney, you must contact a Collin County assault defense lawyer as quickly as possible.
However, depending on the details of the alleged assault and the harm to the alleged victim, an assault in Texas may be charged as a Class A, B, or C misdemeanor or as a first-, second-, or third-degree felony. If you are charged with assault in Texas, your rights include:
- the right to legal counsel
- the right to a trial by an impartial jury
- the right to avoid self-incrimination
- the right to face the witnesses against you
What Constitutes Assault in Texas?
A person commits assault in Texas when he or she knowingly, intentionally, or recklessly causes bodily harm to another, threatens another with imminent bodily harm, or makes physical contact with another while knowing that the other person will perceive the contact as offensive.
Assault is a Class C misdemeanor if a person threatens someone with bodily harm or causes offensive physical contact, but there are no other aggravating factors. Assault is a Class B misdemeanor if a person threatens or causes offensive physical contact with someone who is a sports participant during or in retaliation for a performance.
Assault is a Class A misdemeanor if a person causes bodily injury to someone else, and there are no other aggravating factors, or if a person causes provocative or offensive physical contact with an elderly person.
When is Assault a Felony in This State?
Assault is charged as a third-degree felony in Texas if it is committed against:
- a person the perpetrator knows is a public servant while that servant is discharging an official duty or in retaliation against an exercise of official duties by a public servant
- a household or family member or a dating partner if the perpetrator has a previous conviction for a similar crime, or if the offense was committed by recklessly or intentionally choking the victim
- a person who contracts with the government for certain services acting in his or her official duties, or a person who is retaliated against for performing those duties
- a person the perpetrator knows is a security officer or emergency services personnel acting within the scope of their duties
Assault is a second-degree felony if it is committed against a household member, family member, or dating partner or if the offense is committed by choking.
What Constitutes Aggravated Assault in Texas?
An aggravated assault is an assault that results in serious injury or an assault where the perpetrator uses a weapon. Aggravated assault is a first-degree felony if committed against:
- a person with whom the perpetrator has a domestic relationship
- a police officer, emergency worker, public official, security guard, informant, or witness
The penalties for an assault conviction range from a possible $500 fine for a Class C misdemeanor conviction to the possibility of life in prison for a first-degree felony conviction.
Whether you are charged with assault as a misdemeanor or as a felony, you must be advised and represented by a Collin County assault defense attorney, and you must contact that attorney immediately upon your arrest.
How Will a Defense Lawyer Handle Your Assault Case?
In your defense, your lawyer may contend that you acted in self-defense, the defense of another person, or the defense of property. Other defenses that your attorney may offer in an assault case include:
- Someone else committed the crime.
- No assault happened, and the victim has fabricated the assault claim.
If the charge against you can be dropped or dismissed, your Collin County assault defense lawyer will make it happen. Your defense lawyer will scrutinize the state’s evidence against you, look for errors or flaws in the state’s case, and prepare an appropriate strategy for your defense.
Should You Accept a Plea Deal or Insist on a Trial?
If the evidence of your guilt is strong and your conviction is inevitable, your attorney may negotiate for an acceptable plea deal and a reduced sentence. Consult your attorney before you accept or reject any plea deal the prosecution offers.
However, if you are innocent of the assault charge, you should not accept any plea bargain. Instead, insist on your right to a jury trial, where your attorney will fight aggressively for your rights and the acquittal you deserve.
Did You Act in Self-Defense?
You can defend yourself in Texas, but self-defense is not retaliation. Suppose someone knocks you to the ground. If that individual does not continue to assault you and is clearly and obviously finished after one punch, you may not assault that person in retaliation.
The bottom line is that you cannot use more force than necessary to defend yourself against a perceived threat. If you believed at the time that you were acting justifiably to protect yourself, then you probably acted legally and in self-defense.
However, if you claim self-defense, your Collin County assault defense attorney will have to demonstrate to the jurors that you honestly believed your actions at that moment were necessary and justifiable.
Who Should Defend You Against an Assault Charge?
Since 2008, the Edgett Law Firm has defended clients accused of violent crimes in Collin County and Denton County. Call the Edgett Law Firm immediately if you are charged with misdemeanor or felony assault.
The Edgett Law Firm has handled over 5,000 criminal cases and helped countless clients obtain favorable results, including not-guilty trial verdicts. We will make your assault case our priority, return your calls quickly, and work tirelessly for the justice you need.
If you face an assault charge, we offer a free legal consultation. To learn more about your rights in an assault case or to retain legal counsel now, call the Edgett Law Firm at 972-424-0760 in Prosper or at 972-424-0760 in McKinney, and let us put the law to work for you.