Defending Against Texas Assault Charges
If you knowingly or intentionally cause bodily injury or threaten to cause bodily injury to another person, including your spouse, you may be charged with assault in Texas. Assault charges can be devastating, impacting your career and your future. If convicted, you may even face jail time.
It is imperative to work with an experienced El Paso aggravated assault attorney who can help protect your rights and ensure you receive the most favorable disposition possible in your case. At Quiñonez Law Firm, our legal team will help you navigate the criminal court system. We know the law and will not give up on you or your case. Call (915) 533-0009 office today to schedule a confidential consultation.
Assault Charges in El Paso
Assault is broadly defined in Chapter 22 of the Texas Penal Code. In general, assault involves intentionally, knowingly, or recklessly causing bodily injury to another person. However, it may also involve intentionally or knowingly threatening another person with imminent harm. Even if the act does not involve an injury, it may still be considered an assault if the contact is something that the other person found or reasonably could find to be offensive or provocative.
Most assault charges are filed as Class A misdemeanors, punishable by up to one year in jail and a fine of up to $4,000; however, there are some occasions where a person may face more severe penalties. For instance, if a person is charged with aggravated assault in El Paso.
What Is the Difference Between Assault and Aggravated Assault in Texas?
Aggravated assault is more serious compared to basic assault. It is charged if the offender causes serious bodily injury to the victim or uses a deadly weapon during the assault. Aggravated assault is usually charged as a second-degree felony.
A second-degree felony is punishable by 2 to 20 years in prison and a fine not to exceed $10,000. Due to the severity of these charges, it is essential to consult with an aggravated assault lawyer as early in the process as possible.
What Are the Defenses to Aggravated Assault in Texas?
There are several defenses that may be applicable if you are charged with aggravated assault in El Paso. A criminal law attorney can help determine what defenses may apply to your case.
Defenses in an aggravated assault case in Texas:
- Self-defense
- Insufficient evidence
- Mistaken identity
- False accusations
- Lack of intent
- Violation of Constitutional Rights
Immediately after an arrest, you need to take steps to protect your rights. Do not make any statements or appear in court without exercising your right to legal counsel with an aggravated assault attorney in El Paso.
Can an Aggravated Assault Charge Be Dismissed in Texas?
Depending on the circumstances of the case, aggravated assault charges may be reduced or dismissed. For instance, if it can be proven that you were acting in self-defense, the charges may be dismissed by the prosecutor.
Can You Get Probation for Aggravated Assault in Texas?
If you are convicted of aggravated assault in Texas, you may be eligible for probation. However, it can be challenging to receive probation without the help of an aggravated assault attorney. Many unrepresented defendants end up serving their full sentence.
Arrested for Assault in El Paso? Contact Our Office.
Were you or a loved one arrested for assault in El Paso, Texas? Contact our office to schedule a confidential consultation. Our legal team will help you understand your rights and work to ensure you receive the best possible outcome in your case. Get started with the Quiñonez Law Firm and our aggravated assault attorney today by calling (915) 533-0009.