Understanding Assault Laws in Texas
In Texas, assault is defined under Penal Code § 22.01. The law outlines three primary ways to commit the offense, each carrying different levels of punishment. A skilled assault defense lawyer in Georgetown understands these crucial distinctions and can build a defense that is tailored to the specific circumstances of your case.
- Assault Causing Bodily Injury: This occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another. This is a Class A misdemeanor.
- Threat of Assault: This occurs when a person intentionally or knowingly threatens another with imminent bodily injury. This is a Class C misdemeanor.
- Offensive Physical Contact: This occurs when a person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. This is a Class C misdemeanor.
Felony assault charges may apply in certain cases, such as assault against a public servant, as part of domestic violence, with a deadly weapon, or when causing serious bodily injury. Felony assault convictions can result in prison sentences from 2 to 20 years and fines up to $10,000.
Our firm's comprehensive knowledge of these statutes and their application is crucial to building a strong defense and achieving the best possible outcome.
Penalties of an Assault Conviction in Texas
A conviction for assault in Texas can lead to a host of severe and life-altering penalties. The consequences are far-reaching and can impact your life for decades to come, making it imperative to have a powerful defense from a Georgetown assault attorney.
- Jail or Prison Time: The sentences for assault convictions vary widely based on the class of the crime.
- Class C Misdemeanor: Fine of up to $500.
- Class A Misdemeanor: Up to one year in county jail and a fine of up to $4,000.
- Third-Degree Felony: 2 to 10 years in state prison and a fine of up to $10,000.
- Second-Degree Felony: 2 to 20 years in state prison and a fine of up to $10,000.
Consequences of an Assault Conviction
An assault conviction carries more than just legal penalties. It can create a permanent criminal record, making it harder to secure jobs, housing, or maintain personal relationships. Conviction may also mean losing certain civil rights and facing a long-term social stigma that affects your life in many ways.
Our Georgetown assault defense attorneys build personal defense strategies around every case. We thoroughly investigate, gather evidence, interview witnesses, and challenge the prosecution's allegations. Defense approaches may show you acted in self-defense or defense of others, argue there was no intent to cause harm, establish mistaken identity, or uncover that accusations lack foundation or stem from malicious motives.
Our Comprehensive Approach to Assault Defense
At Winters & Chidester, we believe that an effective defense against an assault charge requires a meticulous, personalized strategy. We do not rely on a one-size-fits-all approach. As a skilled assault defense lawyer in Georgetown, our firm will tailor our defense to the unique details of each case, leaving no stone unturned in our pursuit of justice.
- Asserting Self-Defense: Self-defense is one of the most powerful defenses in an assault case. We can argue that your actions were justified because you reasonably believed you were in imminent danger of bodily harm and used no more force than was necessary to protect yourself.
- Defense of Others: We can argue that your actions were justified because you were protecting another person from an unprovoked attack.
- Challenging the Evidence: We will aggressively challenge every piece of evidence the prosecution plans to use against you. This includes scrutinizing how evidence was collected, and filing motions to exclude evidence that was obtained in violation of your constitutional rights. We are a Georgetown assault attorney that understands the importance of a strong defense.
- Lack of Intent: We will work to show that you did not have the necessary criminal intent to commit the crime. For example, we can argue that the alleged contact was accidental, not intentional.
- Negotiating with Prosecutors: Our firm has a strong track record of negotiating favorable plea agreements with the state. As former prosecutors, we have a unique understanding of how to leverage this process to get your charges reduced or dismissed.
Our firm’s approach as an assault defense lawyer in Georgetown gives us an unmatched perspective that benefits our clients at every turn. We also offer bilingual services to ensure that language is never a barrier to a quality defense.
Why You Need a Georgetown Assault Attorney
Getting legal counsel early can significantly impact the result of your Georgetown assault case.
Early intervention lets our team protect your rights during police investigations and questioning. We can preserve vital evidence and identify favorable witnesses while memories remain fresh. Early engagement with prosecutors creates openings for charge reduction or alternative resolutions before formal charges are filed. Navigating the legal system feels overwhelming, but with knowledgeable attorneys guiding you at every stage—from arraignment to trial—you make informed decisions to safeguard your future.
When you choose Winters & Chidester as your Georgetown assault defense attorneys, you gain a dedicated legal team committed to your rights. Our background as former prosecutors gives insight into prosecution strategies, which we use to your advantage. We have successfully defended clients facing assault charges. Our personal approach means we adapt defense strategies to your situation and fight for the best possible outcome in your case.
Call our firm today at (512) 961-4555 or contact us online to schedule a free consultation with our Georgetown assault lawyers.
FAQs
How long does a typical assault case take in Georgetown?
The length of an assault case in Georgetown depends on the case’s complexity and the court’s docket. Simple cases can resolve within a few months, while felony or aggravated cases may take longer due to additional hearings and evidence collection.
Will an assault charge always go to trial?
No, assault charges in Williamson County do not always go to trial. In some situations, cases may be resolved through plea agreements or dismissed due to insufficient evidence or legal defenses.
Can I have my assault charge removed from my record in Texas?
Some assault charges may qualify for expunction or record sealing if the case was dismissed or you were acquitted. The options depend on the final outcome and your criminal history. Eligibility also depends on Texas laws regarding expunction and nondisclosure.
Can self-defense be used against an assault charge in Texas?
Yes, self-defense is a valid legal defense in Texas if you can show that you reasonably believed force was necessary to protect yourself from imminent harm. However, the amount of force used must be proportionate to the threat faced.
What happens if the alleged victim doesn’t want to press charges?
In Texas, the decision to pursue an assault case rests with the prosecutor, not the alleged victim. Even if the person involved chooses not to press charges, the State can still move forward with prosecution if there is enough evidence.
Can an assault charge be reduced to a lesser offense?
In some cases, prosecutors may agree to reduce an assault charge to a lesser offense, such as disorderly conduct, especially if the evidence is weak, there are no prior convictions, or mitigating circumstances exist. An experienced attorney can negotiate these outcomes.
A Proven History Of Success
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Case Dismissed Felony Drug Possession
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No Charges Filed Aggravated Assault with a Deadly Weapon
We represented a woman under investigation for aggravated assault with a deadly weapon and assault family violence. By demonstrating she was actually the victim and providing key evidence to authorities, we prevented any charges from being filed against her.
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Case dismissed Assault Family Violence
We represented a young man charged with assault family violence. By acting swiftly and conducting our own investigation, we achieved a dismissal of his case in under six months.
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No felony charge; Zero jail time DWI
We represented a client facing potential felony DWI charges due to prior convictions, along with a criminal mischief charge and a probation revocation. We helped him avoid felony charges and a criminal mischief conviction, and he served no jail time.
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Case dismissed Leaving the Scene of an Accident
We represented a person charged with leaving the scene of an accident. After reviewing the evidence, working with the client, and meeting with the prosecutor we were able to secure a dismissal.