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 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 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.
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
- Defending others
- Mistaken facts
- Mutual combat
- Need or necessity
- Threat or duress
- 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.
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.
Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
Our client was accused of being intoxicated while having her 8 year old in the vehicle with her, a third degree felony in Texas. To make matters worse the investigation had been initiated after our client had crashed into two parked cars and the first thing officers noticed were the two previous DWI’s our client had.
Charges Rejected Assault Bodily Injury Family Violence
Our client explained to us that they hadn’t lived in the Country for that long and his wife had called police as a way to resolve a non-physical dispute they had. Police arrived and immediately noticed bruising that they tried to pin on Our Client as well as other marks.
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.
Motion to Suppress Granted; Case Dismissed DWI 2nd .209
Our client was charged with Driving While Intoxicated – 2nd Offense with a BAC of .209. The police pulled our client over for allegedly crossing over lane lines and causing another car to swerve out of the way. We challenged the legality of the police’s warrantless stop of our client with a Motion to Suppress Evidence and had a contested hearing wherein the Officer testified.
Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
Our client was accused of restricting his wife’s airway with a plastic bag. His wife, who had been a chronically unfaithful and emotionally abusive alcoholic, provided a video to the State to try and get our client charged with a felony.