Former Prosecutor Assisting Clients in Fort Worth and Tarrant County
Aggravated assault is a serious felony offense in the state of Texas. A conviction carries lengthy terms of incarceration in state prison, onerous parole conditions, hefty fines, and adverse consequences for housing, employment, and even child custody and visitation. If you have been charged with aggravated assault in Fort Worth, Arlington or Tarrant County in Texas, you need to contact a skilled aggravated assault defense attorney immediately. Prior to opening my own criminal defense law firm, I prosecuted hundreds of aggravated assault, felony and misdemeanor cases for the District Attorney’s Offices in Tarrant and Collin Counties. My work as a prosecutor gave me a unique perspective on approaching cases and crafting effective defense strategies. In addition, over the years, I have gained insight into how judges and juries evaluate evidence.
Overall, I became a assault crimes defense attorney because I believe that everyone deserves to have a seasoned attorney who can stand up for their rights. With my substantial trial experience and vast knowledge of the Texas Penal Code, I am prepared to aggressively defend all aggravated assault charges on your behalf. To schedule a free consultation, feel free to contact the Fulgham Law Firm at (817) 886-3280 today.
Definition of Aggravated Assault
Texas Penal Code § 22.02 governs aggravated assaults that occur in Tarrant County. Aggravated assault occurs when
- An individual commits an assault, and either
- The victim suffers serious bodily injury, or a deadly weapon is used.
Assault generally covers physical contact that results in bodily injury, threats of bodily injury, and offensive or unconsented physical contact.
Aggravated assault is a specific intent crime. This means that one must either intentionally, knowingly or recklessly do the act that constitutes the assault.
Penalties for Aggravated Assault
Aggravated assault is usually a second degree felony and faces anywhere from two to 20 years in state prison. However, the offense becomes a first degree felony when either:
- A domestic violence incident involves serious bodily injury and involves a deadly weapon;
- A public service officer such as police officer commits the offense while on-the-job;
- An individual commits the offense against a public service officer or security officer;
- The offense is committed for the purpose of silencing or retaliating against a witness to a crime; or
- An individual performs a drive-by shooting.
A first degree felony faces either five to 99 years in state prison or life in state prison.
Defenses to Aggravated Assault
Your best defense varies based on the individual facts and evidence involved in your case. However, common defenses to aggravated assault charges include:
- Accident: You accidentally made physical contact with another person.
- Lack of Intent: The victim misconstrued your joke as a threat.
- Mistaken Identity: The police arrested the wrong person.
- Fabrication: The victim made up the assault.
- Lack of Knowledge: You did not know the victim was a police officer or security officer.
- Lack of Serious Bodily Injury: The victim did not suffer harm that can be classified as serious bodily injury.
Contact the Fulgham Law Firm for a Free Consultation Today!
The best way to approach your case is with an experienced and well-regarded criminal defense lawyer by your side. I am a Texas native and have a keen understanding of Texas law, the Texas court system, and potential successful defenses for aggravated assault charges. In addition, my experience as a prosecutor provides me with the uncanny ability to anticipate the prosecution’s evidence and theory of the case. If you need legal assistance and would like to learn more about your legal rights, call the Fulgham Law Firm today at (817) 886-3280 to schedule a free case evaluation in Fort Worth.