Assault Facing Criminal Charges? Protect Your Freedom Before Time Runs Out

San Antonio Assault Defense Lawyers

Proven Legal Professionals Serving Texans

Assault is a common criminal charge in Texas. Violent in nature, it is an offense that is taken seriously by the court system. Several types of assault exist under Texas law, even assault in which the victim was neither injured or touched. The type of assault and the circumstances surrounding the incident will dictate the severity of the charge and the potential penalties awaiting the defendant.

Have you been charged with assault? Contact a San Antonio assault defense lawyer at Smith & Vinson Law Firm to discuss your case at (210) 960-9557 today.

Simple Assault

Simple assault is defined as:

  • The act of intentionally, knowingly, or recklessly causing physical harm to another individual
  • The act of intentionally or knowingly threatening someone else with physical harm
  • The act of intentionally or knowingly making physical contact with another that you knew or should have known would offend or provoke the person

How the assault charge is classified will be based on the alleged actions you took in the incident. Threats alone are generally charged as Class C misdemeanors. They can, however, bring elevated charges under various circumstances. For instance, if you threatened an elderly or disabled person, you may be charged with a Class A misdemeanor. If the assault you committed caused bodily injury, you may also be charged with a Class A misdemeanor. In the case of bodily injury, if you assaulted a specific class of individuals, such as firefighters, emergency personnel, or other public servants, you may be charged with a third-degree felony. Because of the variations in assault charges, you should consult an assault defense lawyer at Smith & Vinson Law firm for help.

Domestic Assault

Domestic assault involves harming or threatening to harm a member of your family or household. Depending on the severity of the alleged crime and any criminal background, it may be charged as a misdemeanor or felony.

Aggravated Assault

When an assault causes serious bodily injury or was committed while using a deadly weapon, it constitutes aggravated assault. This type of assault is charged as a second-degree felony, carrying penalties of two to 10 years of prison time and a fine of up to $10,000.

Sexual Assault & Aggravated Sexual Assault

These offenses generally involve rape or molestation. Sexual assault is charged as a second-degree felony. Aggravated sexual assault is charged as a first-degree felony.

Defense Strategies for Assault

Being arrested for assault does not automatically mean you will be found guilty. Often very little evidence is used for an assault arrest. For example, a neighbor calling the police because of hearing a loud argument next door might result in an arrest for someone allegedly involved in the argument.

In the case of assault charges, pertinent defenses might include

  • Self-defense
  • Defending others
  • Mistaken facts
  • Mutual combat
  • Need or necessity
  • Threat or duress
  • Insanity
  • Involuntary intoxication
  • Protection of one’s home by using force (known as “castle doctrine”)

What to Do When Charged with Assault

Do not talk to the police. Your only obligation when charged is to identify yourself, providing your name and date of birth. It is important to know that law enforcement may say anything, including lies, to get you to talk to them. They are allowed to do this – but anything you tell them will not help your case. In fact, it will only harm it as what you say can and will be used against you. If police officers question you, you should politely reply that you cannot answer without an attorney being present. Never sign a waiver of your rights.

You should also:

  • Never contact the victim. This applies even if the alleged victim is a family member or lives in your household. If a restraining order is filed against you, do not violate its terms.
  • Never talk to anyone about your case when in jail. Your outgoing phone calls to others when in jail are recorded and could be used against you later on. Additionally, any conversations with a cellmate while in jail could also be turned into evidence against you in court. While in jail, you should avoid talking to anyone except your attorney.
  • Call Smith & Vinson Law Firm. After asserting your legal rights, you should call a proven criminal defense lawyer for help. Our firm is on call 24/7. It is vital that you call us immediately so that we can get to work investigating the incident and the charges. We will gather information, talk to witnesses, and ensure that your rights are protected.

Why You Should Hire a Lawyer When Facing Assault Charges

Hiring a lawyer when facing assault charges can provide numerous benefits, crucial to navigating the complexities of the legal system. An experienced attorney can assess the evidence against you, scrutinizing the details of the case to identify potential weaknesses or inconsistencies. They possess the knowledge to challenge the prosecution's evidence, ensuring that any unlawful or improperly obtained evidence is excluded from court proceedings. This scrutiny can significantly impact the outcome of the case, potentially leading to reduced charges or even an acquittal.

Additionally, a skilled assault defense attorney can build a strong defense strategy tailored to the specific circumstances of your case. They have expertise in understanding the nuances of assault laws; which vary across jurisdictions; and can leverage their knowledge to craft a compelling argument on your behalf. Whether it involves demonstrating self-defense, challenging witness credibility, or negotiating a plea deal, a lawyer can navigate the legal process efficiently, providing you with the best possible chance for a favorable resolution.

Trust our San Antonio Assault Defense Lawyers

If you have been arrested or charged with an assault offense in or around San Antonio, do not hesitate to call Smith & Vinson Law Firm. We are always on call and ready to serve. With a former prosecutor as part of our legal team, you can be assured that your case will be handled with the highest level of professionalism. We will fight for you from the get-go while seeking a favorable resolution.

Contact our firm today for a free initial consultation. We can be reached at (210) 960-9557.

Our Clients Are Our Biggest Endorsers

Hear What They Have to Say
  • Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.
    - Michael
  • Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support
    - Andrew
  • They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.
    - Elmer Marqueiz
  • Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.
    - Manuel R.

    A Proven Track Record

    Check Out Our Recent Case Results
    • Dismissed Intoxication Assault

      Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

    • Dismissed Possession of Controlled Substance

      Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.

    • Dismissed Assault Family Violence Domestic Violence

      Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for.

    • Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault with Bodily Injury

      Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted.

    • Dismissed Assault Family Violence

      During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.

    Contact Us Today

    Get a Free Consultation

    A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.
    • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy