Reviewing The Infraction And Penalties With An Assault Defense Lawyer

by | Apr 14, 2016 | Lawyers

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In Texas, assault charges reflect the intent of the accused as well as the identity of the victim. These charges could increase based on the severity of the victim’s injuries. Additionally, if the victim is a household member, the state could modify these actions to reflect domestic violence charges. An assault defense lawyer helps individuals accused of this infraction.

What Is Assault?

Currently, assault is classified as the intent to cause bodily harm in which a fatality is not produced. Simple assault may reflect less severe injuries that don’t equate to broken bones or loss of limb. Aggravated assault, however, is classified as an assault in which a deadly weapon was used to threaten or injure the victim.

What Are the Penalties for This Infraction?

The lowest form of assault is classified as a class A misdemeanor in the state of Texas, with the accused facing a maximum of one year in county lockup with a conviction. They are also required to pay a fine of $4,000. Assault charges that are also classified as domestic violence or that involve government officials or law enforcement are considered a third-degree felony. These charges require a maximum of ten years in a state prison. The accused could also face a fine of no more than $10,000.

What Defenses Are Used for These Charges?

Self-defense is the most common defense used for an assault charge. This defense indicates that the accused feared for their life and took criminal action to prevent bodily harm to their person. For this defense, the accused must possess injuries that are conducive to proving their claim. The defense of infancy or misunderstanding of the crime is used when the individual is a minor child or is incapable of making these distinctions due to a mental disorder. The attorney must present evidence of infancy to indicate that the accused is too young to comprehend their actions or is unable due to mental dysfunction. Individuals who are facing assault charges need to acquire legal counsel as quickly as possible. These charges could equate to a felony conviction based on the severity of the victim’s injuries and the circumstances.

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