Category: Assault

Innocent Texas Jogger Lands Assault Charges for Resisting Arrest

By: Brandon Fulgham

Assault | Racial Profiling

Police misconduct has been under a microscope all over the country — including in Texas. One more incident was reported recently down in the Alamo City.

Police had been canvassing a San Antonio neighborhood for an assault suspect when they spotted a 33-year-old jogger. When one officer attempted to question him, the jogger asserted his right not to answer, stating that he was just working out.

San Antonio Man Arrested After the Victim Confirms His Innocence

The conversation escalated as the officers continued questioning the jogger and he again asserted his right not to be questioned. He was placed in a police car even after the assault victim had arrived at the scene and confirmed that this was not the [...]

Fort Worth Rioters May Now Face Assault Charges

By: Brandon Fulgham

Assault | Rioting

In late May, Fort Worth erupted into demonstrations following the killing of George Floyd. When protests on May 31 became heated, several dozen protesters were arrested and at least 50 were hit with rioting charges.

In the weeks following the protests, Police Chief Ed Kraus announced that the rioting charges the protestors face would be dropped. However, far from being let off the hook, certain protestors may face more serious charges including assault, assault on a peace officer, and criminal mischief.

The Department alleges that while the majority of protestors were peaceful, some participants had caused damage to property and threatened the lives of officers. According to the police department, these protestors will be investigated and prosecuted to the [...]

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

By: Brandon Fulgham

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

By: Brandon Fulgham

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

By: Brandon Fulgham

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

By: Brandon Fulgham

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 [...]