Are you facing criminal assault charges in Collin County, TX? Don’t underestimate the impact an assault conviction can have on your life – now and for years to come. The time to defend yourself starts now. The experienced Collin County assault defense lawyers at the Edgett Law Firm can help you fight to secure the very best outcome in your criminal case.
Give our law office in Collin County a call today to schedule a free consultation to learn more today.
Why You Need a Collin County Criminal Defense Lawyer When You’ve Been Accused of Assault
Whether you’ve been accused, arrested, or formally charged with assault, it’s important to understand that your future is on the line. A conviction can carry harsh penalties, including the very real possibility of time behind bars. Your criminal record will serve as an all-too-real reminder for the rest of your life. Fortunately, an arrest or charge doesn’t mean that your future is over – it just means that you have to give your defense everything you have.
The best decision you can make right now is to hire an experienced Collin County criminal defense lawyer to represent you and fight on your behalf.
The attorneys at the Edgett Law Firm are known for being fierce and compelling advocates for the people of Collin County. Since 2010, we’ve provided smart, compelling, and aggressive defense representation for clients accused of criminal assault charges. Our team has handled more than 5,000 cases and helped countless clients obtain favorable results – including many not-guilty verdicts at trial.
We’re not afraid to take your case head-on and force the government to respect your rights and play by the rules. We’ll apply pressure and attack the state’s case against you at every turn, making it as difficult as possible for prosecutors to prove that the allegations against you can be believed beyond a reasonable doubt.
Our team will:
- Launch an independent investigation into your alleged crime
- Enlist the aid of experts as we analyze evidence and build a defense strategy
- Identify weaknesses in the state’s case and find ways to use that information to your benefit
- Handle all conversations with the police and prosecution on your behalf
- Determine if your rights have been violated in any way, and, if so, use that information to get charged dropped or evidence dismissed
- Negotiate a plea bargain with the prosecution, if that’s in your best interest
- Argue your case in front of a jury
Give our law office a call to discuss your legal rights and potential defense strategies today. Your first case evaluation is 100% free.
What is Assault?
You’ve probably heard of the phrase “assault and battery.” In many states, these are two separate and distinct crimes. Assault involves threats, while battery involves making physical contact with another person. Many describe battery as being a completed assault.
That’s not the case in Texas. Under Texas law, all of this conduct is classified as “assault.”
Assault, as defined in Texas Penal Code Section 22.01, occurs when a person: intentionally or knowingly:
- Intentionally or knowingly threatens another with imminent bodily injury
- Intentionally or knowingly causes offensive or provocative physical contact with another, or
- Intentionally, knowingly, or recklessly causes bodily injury to another.
Under Texas state law “another person” can be defined to include the defendant’s spouse.
Put in more simple terms, assault occurs when you threaten to hurt or make offensive, provocative, or harmful contact with another person.
The resulting criminal charge will ultimately depend on:
- Your intent
- Your conduct
- Who the victim was, and
- The severity of any resulting injuries.
If you merely threaten someone with bodily harm, you’ll likely face lesser charges than if you intentionally make offensive contact with another person – especially if that person was a police officer or family member.
Penalties For Crimes of Assault in Collin County
Assault can be charged as a misdemeanor or a felony in Collin County, Texas. The charges will be more severe when aggravating circumstances apply.
Class C Misdemeanor: Assault is a Class C Misdemeanor when the act involves threats of bodily harm or provocative or offensive physical contact. At this level, there is no jail time attached to a conviction. Rather, the maximum penalty is a $500 fine and probation.
Class B Misdemeanor: Assault is a Class B Misdemeanor when the act is committed against a person who is engaged in a sports activity. The defendant must not be a “sports participant.” At this level, assault is punishable by up to 180 days in jail.
Class A Misdemeanor: Assault is a Class A Misdemeanor when the act causes bodily injury or if offensive or provocative contact is made against an elderly person. At this level, an assault conviction carries the possibility of up to a year in a Collin County jail and $4,000 in fines.
Third Degree Felony: Assault can be elevated to a Third Degree Felony when the defendant knows that the victim is a public servant or contracts for the government. Additionally, charges can be elevated to this level if the defendant has a prior conviction or intentionally choked a family member. A Third Degree Felony is punishable by between two and 10 years in prison.
Second Degree Felony. Assault is a felony in the second degree when the victim is a family member, if the defendant has a prior assault conviction, or the act impedes the victim’s circulation or ability to breathe. At this level, assault is punishable by up to 20 years in prison and $10,000 in fines.
First Degree Felony: Assault is a felony in the first degree if it is an act of domestic violence or if the victim is a police officer, witness, or informant. When tried as first degree felony charges, assault can carry a sentence of life in prison.
Assault is considered “aggravated” under Penal Code Section 22.02 when the act involves the use (or brandishment) of a weapon or it causes serious bodily injury. Aggravated Assault is always a felony. It can be charged as a Second Degree Felony or First Degree Felony, depending on the circumstances.
Collateral Consequences of an Assault Conviction
An assault conviction doesn’t just mean jail time, fines, and probations. The fact that you were convicted will be memorialized on your permanent criminal record. This will trigger some incredibly harsh collateral consequences, and those can affect you long after you’ve completed your criminal sentence.
Possible collateral consequences of a criminal assault charge in Collin County, TX include:
- Difficulty finding employment
- Irreversible damage to your reputation
- Loss of government assistance if a repeat offense
- Loss of gun rights if convicted of felony assault
- Adverse family law consequences, including loss of child custody and/or visitation rights
At the Edgett Law Firm, you are innocent until proven otherwise. Our assault attorneys in Collin County will work tirelessly to protect you from these harsh penalties and consequences. Give us a call to get started today.
Defending Against Assault Charges in Collin County
You have the right to assert a defense when charged with the crime of assault in Collin County. The Edgett Law Firm will carefully analyze the circumstances of your alleged offense and carefully review the state’s case (and evidence) against you. In doing so, we will determine which defense arguments might be most beneficial and effective.
Defenses can include:
- You lacked the required intent to commit the crime
- Contact was made with another person, but it was neither offensive nor provocative
- The alleged victim consented to the physical contact
- You acted in self-defense or defense of a third person
- You’ve been falsely accused or mistakenly identified as the perpetrator
Sometimes playing offense is just as effective as raising arguments in your defense. Our assault lawyers will determine if your rights have been violated in any way. If you’ve been unlawfully arrested or subject to an illegal search and seizure, we’ll waste no time in using that to your advantage. The state cannot be permitted to benefit when it violates your rights. We can ask a court to toss tainted evidence or, better yet, dismiss the charges against you entirely.
Schedule a Free Consultation With Our Collin County Assault Defense Lawyers
If you’ve been charged with assault, the state will work hard to get a conviction. Prosecutors will have seemingly unlimited resources to get the job done. A strong and smart defense can protect you. Call the Edgett Law Firm for immediate assistance.
Our Collin County assault defense lawyers have 22+ years of experience representing clients in these serious criminal cases. We know how much is at stake, and we are ready to put the full force and weight of our defense team behind you.
Your initial case evaluation is free, so don’t hesitate to reach out to us to schedule yours today. We serve clients in Collin County, Denton County, and surrounding areas.