Category: Assault

How a Defense Strategy Can Change When a TX Assault is Aggravated

Assault | Criminal Defense

Assault is considered a violent crime, but the severity of what someone is charged with depends on the circumstances surrounding an incident.

Generally speaking, there are two classes of Texas assault charges – simple assault and aggravated assault. Crimes range from misdemeanor charges to felony sentencing.

Because of the vast difference in penalties associated with an aggravated assault conviction, it is vital to have a defense strategy that is tailored to your specific case.

Let’s take a look at how the law defines these two classes of assault, and how your defense strategy might change when assault charges are aggravated.

Simple Assault in Texas

A simple assault is charged when a person knowingly, recklessly, or intentionally causes injury to someone [...]

Intoxication Assault vs. Involuntary Manslaughter: A Fine Line in TX

Assault | Involuntary Manslaughter

Alcohol is an inebriant and, unfortunately, it can lead to lapses of character and judgment. It is not uncommon for someone to involuntarily commit a crime while intoxicated.

A man in Texas was charged for intoxication assault for assaulting another male in a bar while under the influence, for instance. The assaulted victim died from his injuries. As a result, the offender had his charges upgraded to involuntary manslaughter.

There is a fine line between intoxication assault and involuntary manslaughter in the state of Texas. Although they are closely related, the severity of both the act and penalties are significantly different.

The Texas Penal Code

The Texas Penal Code defines the two acts as intoxication assault and intoxication manslaughter. The [...]

Deadly Conduct: The “Other” Assault Charge in Texas

Assault

We’ve all lost our temper at some point or another, and as you’ve most likely experienced yourself, often everything ends up resolved in a relatively civil manner.

Some situations, however, only end when assault charges are filed. First hand or not, you probably know that, too. What you may not know is there’s more to assault charges than what you see in a hand-to-hand barroom brawl.

When you’re the kind of Texan who exercises your right to bear arms regularly… there’s an increased chance of being charged with “deadly conduct” should an altercation arise.

Deadly Conduct Charges in Texas

The Texas Penal Code (Sec. 22.05) defines deadly conduct as a crime committed when one person “recklessly engages in [...]

Charged with Intoxication Assault in Texas? Here are Your Next Steps

Assault

Texas law takes DWI very seriously. Thousands of Americans die each year at the hands of a driver who was intoxicated while they were behind the wheel. Many more are injured.

If you were involved in an accident that hurt someone else, you might find yourself facing these charges. When intoxication results in serious bodily injuries penalties and charges become much more serious.

This is because intoxication assault is a felony in the state of Texas. Penalties include more than just probation, fines, and the embarrassment of walking into court to plead your case.

That said, an experienced Texas criminal defense lawyer can help you develop the right defense strategy to demonstrate that your actions did not directly cause another [...]

“I Was Just Defending Myself!” Texas Assault vs. Self-Defense

Assault | Self Defense

Self-defense is one of the most common defense strategies in cases involving assault and other violent crimes. George Zimmerman used it when he faced charges of murdering Trayvon Martin. A police officer in Dallas is claiming self-defense in a controversial case after she shot and killed an unarmed man in his apartment.

News stories every day show alleged offenders going to trial claiming that they acted in self-defense when they shot, stabbed, or caused bodily harm to another person. Because in the heat of the moment, this is entirely plausible. Adrenaline may take over and you might defend yourself using physical violence.

Will this argument actually help you avoid penalties, though? That depends on the specifics of the situation.

Before [...]

What to Expect after Getting a Texas Assault Charge

Assault | Criminal Defense

If you are arrested on assault charges in Texas, it is important to understand the legal process that you will have to go through. This way, you’ll be more prepared at each step of the journey and give yourself a better chance of achieving a positive outcome.

Below, you’ll find a step-by-step walkthrough of the legal process following your arrest for assault.

Appearing before a judge

Within 48 hours of the arrest, you will appear before a magistrate, or judge, who will read you the charges and inform you of certain rights, such as your right to remain silent and your right to an attorney.

It is impossible to stress enough the importance of retaining experienced legal counsel as [...]