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:

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.
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.