The District Attorney's Office in Tarrant County vigorously prosecutes assault cases. If you are facing assault charges, you need a criminal defense lawyer with real trial experience and vast knowledge of the Texas Penal Code. Fort Worth assault lawyers are not all created equal. During one of the most difficult times of your life, you can trust the Fulgham Hampton Criminal Defense Attorneys to fight for the best possible outcome.
Why Choose the Fort Worth Assault Lawyers at Fulgham Hampton Criminal Defense Attorneys to Protect You?
Our criminal defense attorneys have tried countless misdemeanor and felony cases before judges and juries. Our boutique criminal defense law firm has five lawyers who worked as prosecutors in Tarrant and Collin Counties for the District Attorney's Office. Our previous experience as prosecutors enables us to think critically and holistically about each client's case. We will do our best to evaluate the facts and evidence, poke holes in the prosecution's case, zealously advocate for your rights, and present a creative yet strong defense theory.
At Fulgham Hampton Criminal Defense Attorneys, you will have access to a highly experienced legal team who work together to evaluate cases and make certain that every assault case is thoroughly reviewed and defenses are established. We provide our clients the best opportunity to have their assault cases dismissed and expunged from their criminal records.
Our Assault Lawyers Understand the Seriousness of Criminal Cases
While criminal assault cases may come in many formats in Tarrant County, any criminal conviction can have dire and lasting consequences for your future. Not only could you face lengthy prison time, fines, and probation, but you may suffer difficulty in finding and maintaining employment and even renting an apartment.
Our team of assault defense attorneys can help you understand the nature of the assault charges, decide how to best proceed with your case, and diligently and doggedly pursue justice on your behalf. We offer free consultations to residents of Fort Worth, Arlington, Tarrant County, and other surrounding cities.
To schedule an appointment with the dedicated Fort Worth criminal defense lawyers at Fulgham Hampton Criminal Defense Attorneys, please call (817) 877-3030 today.
WHAT IS ASSAULT?
Assault is a blanket term used by the Texas legislature that can involve either traditional battery or assault. The Texas Penal Code § 22.01 defines assault as:
Intentionally, knowingly, or recklessly causing bodily injury to another; Intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing an unconsented, offensive, or provocative contact with another.
Assault can involve a stranger, a friend, a family member, or a romantic partner. Domestic violence acts of intoxication and road rage are examples of conduct that can constitute assault. While assault generally refers to misdemeanor assault, it can take many other forms depending on the exact circumstances, including:
- Aggravated assault
- Domestic violence
- Harassment
- Resisting a police officer
- Sexual assault
- Terroristic threats
WHICH CHARGES CAN OUR FORT WORTH ASSAULT LAWYERS HANDLE?
Bodily Injury
Bodily injury in Texas is defined as experiencing “physical pain.” Many people believe that you must have proof of bruising, rashes, or medical records showing injuries to prove the assault element of “bodily injury.” This is not the case. Law enforcement only needs the alleged victim to claim that the contact between the parties caused them to suffer “pain” to establish probable cause.
In practice, the lack of physical evidence establishing proof of injury makes the case much harder for the prosecutor to prove, but physical evidence is not required. Amazingly, it only requires the police officer or detective to believe the word of the alleged victim.
What is the Threat of Injury?
A “threat of injury” can be used to create the crime of assault by threat. The most common example of this is Aggravated Assault – Deadly Weapon by threat. Assault by threat is a criminal act committed against an individual who had the reasonable belief that you would cause them physical harm.
This “physical harm” must constitute a fear of serious bodily injury or death. You don’t need to make physical contact with anyone for it to be considered an assault in Texas. However, it’s not the threat alone that’s considered assault.
For example, if you were having a verbal argument with someone that became heated while you had a gun near you. If the other person believed that you might touch the gun or grab the gun and this belief placed them in fear of imminent serious bodily injury or death, you could be charged with aggravated assault deadly weapon by threat.
It’s not necessarily the threatening words or actions that make a threat of injury an assault. Instead, the imminent danger, or likelihood that someone will follow through on their threat, is what makes a danger of injury offense an assault.
Offensive Contact Considered Assault In Texas
Very broadly speaking, an offensive contact assault is when someone intentionally or knowingly touches another person without their consent, and that touching was “offensive.” The touch may be fleeting (a shove) or prolonged (grabbing someone’s arm). Generally, the severity of the touching will dictate whether it is considered offensive or assaultive.
Regardless of how serious you feel an offensive contact was, facing felony or misdemeanor assault charges in Fort Worth is incredibly serious. Reach out to an assault charge lawyer at Fulgham Hampton Criminal Defense Attorneys today for a consultation. Our Fort Worth offices are conveniently located to address your legal concerns, and we'll work around your schedule.
POSSIBLE PENALTIES FOR ASSAULT
Assault can be a misdemeanor or felony, depending on the exact circumstances surrounding the assault and the relationship between the individual and the victim. Here are some common charges and penalties that may apply to your assault case:
- Class A Misdemeanor: Assault without any aggravating circumstances. Penalty: Up to 1 year in jail, up to $4,000 in fines, or both.
- Class B Misdemeanor: Assault against a sports participant. Penalty: Up to 180 days in jail, up to $2,000 in fines, or both.
- Class C Misdemeanor: Threats of imminent bodily injury and offensive or provocative contact. Penalty: Up to $500 in fines.
- First Degree Felony: Aggravated sexual assault, drive-by shootings, and aggravated assault with a weapon. Penalty: Anywhere from five years to life in state prison, as well as up to $10,000 in fines.
- Second Degree Felony: Aggravated assault, reckless child abuse, tampering with products, and sexual assault. Penalty: Anywhere from two to 20 years in state prison, as well as up to $10,000 in fines.
- Third Degree Felony: Child abandonment, discharging a firearm, terroristic threats, harassment of public servants, repeated domestic violence or domestic assault involving choking, and assault against a police officer. Penalty: Anywhere from two to 10 years in state prison, as well as up to $10,000 in fines.
COMMON DEFENSES OUR FORT WORTH, ARLINGTON, AND TARRANT COUNTY ASSAULT ATTORNEYS MAY RAISE
It can seem like the end of the world when you are charged with assault in Fort Worth, Arlington, or Tarrant County. You’ve heard stories about what happens to people who go to trial and how long they might have to spend behind bars. But before you give up hope, it's crucial to know: It doesn’t have to be this way!
A skilled lawyer for assault charges will understand the many potential defenses that might reduce your charges or penalties, keep you out of jail, or result in a complete dismissal. The assault attorneys at Fulgham Hampton Criminal Defense Attorneys can explain these defenses for assault charges in Fort Worth and how they might apply to your case. Call us today at (817) 877-3030. We will fight for your constitutional rights to get you the best possible outcome.
In some cases, assault charges can be reduced from a felony to a misdemeanor offense, even if the alleged victim suffered a severe injury. For this reason, it’s essential to build a solid defense so you can avoid the lasting repercussions of an assault conviction. Here are some of the most common defenses assault charge lawyers make in Texas:
The Other Party Consented
Consent is the act of agreeing to do something. When you give someone consent to use or take something, for example, your car or your body, they have permission, and it’s not considered assault.
Say a man wants to spar with another man, and they engage in a boxing match. If one of them faces an injury consequently, that does not constitute assault because both parties provided consent.
Alternatively, if you say “no” when someone tries to take something from you, like your car keys off the table, that person may become physically aggressive to get what they want. A jury would consider this assault because they are taking what belongs to you and injuring you in the process without permission.
Similarly, if someone touches your body sexually when it has been made abundantly clear that this is not wanted. Both examples are times where there is no consent, and therefore, they qualify as assault.
You Were Acting in Self-Defense
An assault is any act that causes physical pain, causes someone to be “offended,” or places another person in fear of serious bodily injury or death. Causing someone to feel threatened could result from physical contact without consent or even just words that are threatening enough to frighten someone. Self-defense means using reasonable force to protect oneself from the assault or immediate threat of harm.
Self-defense law may apply if you were attacked and defended yourself. You have a right to use the force necessary to stop the attacker. If you used more force than necessary during your defense, it would become a crime of assault instead of simple self-defense.
If you claim self-defense, the law states that the prosecutor will have the burden to prove beyond a reasonable doubt that you did NOT act in self-defense. This is a difficult burden for the State of Texas to prove when a skilled assault defense lawyer presents solid facts that support your criminal defense.
As you can tell, several factors make self-defense claims unique. Therefore, you should always seek legal assistance from an experienced Fort Worth assault defense attorney, even in cases of self-defense. Otherwise, you might end up serving time for a crime that someone else committed against you.
You Were Defending Someone Else
Sometimes, individuals become involved in an assault while trying to protect someone else during an assault. Whether this is considered the legal defense of others or justifiable depends on the circumstances of your case.
Take an example where a friend asks you to go into a dark alley with him to meet his drug dealer to purchase some weed. While in this secluded location, the dealer demands more money from your friend and pulls out a knife when your friend refuses to pay up.
In this case, it is not considered the defense of another because you knew there was a substantial risk that something wrong could happen when venturing into this dark alley with your friend.
If, on the other hand, you see someone attacking one of your friends while in public and you intervene for protection reasons, you may be able to claim the defense of others since you were in a public place and not associated with the person who was attacked.
Justifiable self-defense relates to an act that is legally allowed or justified. For instance, justifiable self-defense occurs when someone is protecting themselves or another individual. The Fort Worth assault defense lawyers at Fulgham Hampton Criminal Defense Attorneys can help determine whether your case falls under the definition of justifiable self-defense and how best to challenge your charges.
Call Us Right Now To Get Help
(817) 813-8013
I HAVE AN ASSAULT CHARGE. WHAT SHOULD I DO NOW?
Fort Worth Assault Attorney, Brandon Fulgham
As you can tell, assault cases can be complex legal matters for a variety of reasons. The best advice for an individual with an assault charge is to not speak to law enforcement and instead work with an experienced assault defense attorney.
WHEN YOU NEED HELP DEFENDING A CRIMINAL ASSAULT CHARGE, WORK WITH A FORMER TARRANT COUNTY PROSECUTOR TODAY
We can help get inside the prosecutor’s mind. When you partner with the zealous assault lawyers at Fulgham Hampton Criminal Defense Attorneys, you'll have the knowledge and experience of former Tarrant County criminal prosecutors. We understand how the prosecution thinks and can anticipate the District Attorney’s evidence and arguments.
Call our Fort Worth criminal defense lawyers now at (817) 877-3030 to schedule a free consultation regarding your assault charges.
Former Prosecutors
Fulgham Hampton Criminal Defense Attorneys legal team approach provides you 4 Former Prosecutors with expertise in matters ranging from Theft to Murder. We know how prosecutors think and what they will do on your case.
Years Experience
Our legal team of criminal lawyers has over 70+ years of criminal law experience and over 300+ jury trials in Texas. Our criminal lawyers have a proactive approach that provides a track record of dismissals, no-bills and not guilty verdicts.
Customized Defense
Our team of criminal lawyers will analyze your case and give you a clear plan of defense to protect your future. We work with our clients to analyze the evidence and determine the most effect plan of action to help put your criminal case behind you.
