Fort Worth Assault Lawyer
Overview of Assault Charges in Texas
Misdemeanor assault charges in the state of Texas can cover many different behaviors—most of which do not include throwing a punch. In fact, you could threaten to harm another person, perhaps even poke your neighbor in the chest during a heated argument, and be charged with misdemeanor assault. Even invading another’s “space” can result in charges of misdemeanor assault. Any time a person “intentionally, knowingly, or recklessly causes or threatens to cause bodily injury…or engages in provocative or offensive physical contact with another,” they can be charged with misdemeanor assault and would necessitate the need for an assault lawyer in Fort Worth.
There are four primary types of misdemeanor assault, including:
- Threatening assault against another
- Bodily injury against a family member
- Assault through unwanted contact
- Bodily injury
Bodily injury is defined as an illness, physical pain, or impairment of a physical condition. Any level of pain, even very minor pain, can rise to the level of bodily injury, although simple discomfort does not rise to that level. Being charged with misdemeanor assault may sound minor but can result in serious legal penalties and punishments. Aggravated assault is a felony and therefore even more serious in terms of penalties, punishments, and long-term consequences.
If you have been charged with assault, it is imperative that you contact an experienced assault lawyer in Fort Worth. The Burns & Davis criminal defense lawyers bring more than 10 years of favorable client results to the table. We never back down, inside or outside the courtroom, advocating successfully on behalf of our clients charged with assault or other criminal offenses.
An experienced Fort Worth assault lawyer can help protect your rights and fight for the best outcome. Call (817) 873-1883 now or contact us online for a consultation!
Penalties for an Assault Conviction in Texas
There are three categories of misdemeanor assault in the state of Texas: Class A, B, or C.
A Class A misdemeanor assault is charged when actual bodily injury is caused, or when an elderly person is threatened with bodily harm. A conviction for a Class A misdemeanor assault can result in a maximum punishment of up to a year in jail, and up to $4,000 in fines. A Class B misdemeanor assault is charged when a non-sports individual threatens a sports player with bodily harm or causes offensive contact with a sports participant.
A conviction for Class B misdemeanor assault charges can result in up to 180 days in jail and up to $2,000 in fines. A Class C misdemeanor assault is charged when another person is threatened with bodily harm, or some level of offensive contact is made with another individual. A conviction for a Class C misdemeanor brings no jail time but can result in a fine as large as $500. If convicted of assault with bodily injury against a family member, you could also lose your right to carry a firearm.
In addition to legal penalties, those convicted of assault may face additional consequences like mandatory counseling or community service, particularly if the incident involved domestic violence. Understanding the full scope of potential penalties is crucial for anyone facing assault charges, as these consequences can also influence child custody arrangements and public perception. Being aware of these repercussions early can help in making informed decisions about defense strategies.
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Relentless RepresentationWhether in or out of the courtroom, we fight passionately to protect your rights and achieve the best possible outcome for your future.
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Proven Legal ExpertiseWith years of experience and a track record of success, we deliver strategic, results-driven solutions for even the most complex legal matters.
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Client-Centered AdvocacyAt Burns & Davis, we prioritize your needs, ensuring every case is handled with personalized attention and unwavering dedication.
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Davis and his team deliver results! Case dismissed on 2nd appearance, professional service, and affordable pricing. Highly recommended for defense needs!
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Common Defense Strategies Used by an Assault Lawyer in Fort Worth
While your specific defense will depend on the circumstances and facts surrounding your charges, some strategies are more commonly used. Some defense strategies are aimed at disputing the prosecutor’s evidence. Other defenses are known as affirmative defenses, which assert there was a valid reason for your actions. Your attorney may use one of the following in your defense:
- There Was No Intent to Commit Assault—i.e., the contact was unintentional or a mistake
- You Were Acting in Defense of Another Individual
- Self-defense
- Actual Innocence—the incident claimed by the “victim” never occurred
- You Had No Intent Because You Were Temporarily Insane
- Age Prevents You From Being Considered Capable of Having the Mental State Required to Commit an Assault—you are a minor
- Alleged Assault Occurred During a Consensual Fight or Contact Sport—this means that if two individuals agree—verbally or through body language—to combat, there is no crime as long as neither is seriously injured.
A skilled assault attorney in Fort Worth will evaluate all aspects of your arrest, including the police procedures used and the evidence collected. They may challenge the credibility of witnesses or the timeline presented and scrutinize any video or photographic evidence that might be available. This comprehensive approach can uncover procedural errors or inconsistencies that could be pivotal in your defense.
What to Expect During Your Initial Consultation With an Assault Lawyer in Fort Worth
An initial consultation with an assault lawyer at Burns & Davis is your first step in understanding the legal journey ahead. During this session, we aim to gather detailed information about your situation, including the circumstances leading to your arrest and any evidence presented against you. We encourage clients to be open and honest, as these consultations are confidential and designed to explore all possible defense options. This conversation helps us tailor a legal strategy focused on achieving the best possible resolution for your charges.
During your consultation, our team will explain the potential outcomes of your charges and outline every possible legal avenue. We will discuss how local laws and ordinances might come into play and answer any questions about the court process. Our goal is to provide clarity and peace of mind by outlining realistic expectations for the process and potential impacts. By the end of your consultation, you should feel informed and confident about how we can work together to tackle your assault charges. This initial meeting is also an opportunity for you to evaluate our team, who is committed to providing personalized, professional legal support tailored to your unique circumstances.
How Can an Assault Lawyer in Fort Worth From Burns & Davis Help?
An assault lawyer in Fort Worth from Burns & Davis can help you through this difficult time with the best possible outcome. Our attorneys have a legacy of excellence, built for today’s challenges. We are prepared for all things and ready for anything using skills built through years of experience and dedication. As recognized leaders by peers and clients alike, we understand that your assault charges have left you shaken, stressed, and anxious. We are here to discuss your charges, offer comprehensive solutions, and defend your rights and your future.
At Burns & Davis, PLLC, your goals are our goals— call (817) 873-1883 or contact us today to set up a consultation.
Your Questions, Answered Explore Our FAQ
Still have questions or can't find the answer you need? Give us a call at 817-873-1883 today!
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Can I be arrested for assault if no one was injured?You can be arrested in Texas for misdemeanor assault even if no one was physically injured. Under the law, even a threat or any level of “offensive contact” against another can result in misdemeanor assault charges. Offensive contact can include shoving another person or even brushing up against them in a deliberately sexual manner.
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What is the difference between a misdemeanor and an aggravated assault?
Aggravated assault in the state of Texas is a felony rather than a misdemeanor, and while it contains the same elements as misdemeanor assault, felony assault contains additional elements such as:
- A deadly weapon was brandished during the assault
- The victim suffered serious bodily harm from the assault
While aggravated assault is usually a second-degree felony, in domestic situations and certain other situations, it can be elevated to a first-degree felony. These situations include:
- The assault was against an on-duty security officer
- A member of the defendant’s household is the victim
- The victim is related to or dating the defendant
- Either the defendant or the victim is a public servant, acting according to the office
- The defendant, while in a vehicle, recklessly discharged a firearm at a building, vehicle, or home, causing serious bodily injury to another individual
If charged with a second-degree felony assault in the state of Texas, your punishments could include 2-20 years in prison and fines as large as $10,000. If charged with a first-degree felony assault, you could potentially be sentenced to life in prison.