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.
Assault charges in Texas are serious offenses that can lead to significant consequences, including jail time, fines, and a permanent criminal record. If you or a loved one is facing assault charges in San Antonio, you need an experienced and dedicated legal team to protect your rights and fight for your freedom. At Smith & Vinson Law Firm, our San Antonio assault lawyers specialize in defending clients against Texas assault charges and are committed to achieving the best possible outcome for your case.
Have you been charged with assault in Texas? Contact a San Antonio assault defense lawyer at Smith & Vinson Law Firm to discuss your criminal case at (210) 960-9557 today.
Understanding Assault Charges in Texas
In Texas, assault charges can vary based on the severity of the offense and the circumstances surrounding the incident. Common types of assault charges include:
- Simple Assault: Intentionally or knowingly causing bodily injury to another person, threatening someone with imminent bodily injury, or causing physical contact that the victim finds provocative or offensive.
- Aggravated Assault: Committing an assault that results in serious bodily injury or involves the use of a deadly weapon.
- Family Violence: Assault involving a family member, household member, or someone in a dating relationship, which can carry additional penalties and long-term consequences.
Penalties for assault convictions can range from misdemeanor charges with minimal jail time to felony charges with lengthy prison sentences and substantial fines.
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
Is Criminal Threat a Misdemeanor of Felony
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 Texas assault charges, you should consult an assault defense lawyer at Smith & Vinson Law firm for help.
Domestic Assault or Family Violence
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 in Texas, 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.
Why Choose Smith & Vinson Law Firm?
- Experienced Legal Team: Our San Antonio assault defense attorneys have a deep understanding of Texas assault laws and extensive experience handling a wide range of assault cases.
- Personalized Defense: We recognize that every case is unique. Our approach is tailored to the specific circumstances of your case, ensuring a personalized and effective defense strategy.
- Proven Track Record: We have successfully defended numerous clients against assault charges, achieving dismissals, reduced charges, and acquittals.
- Client-Centered Approach: From the moment you contact us, our San Antonio assault lawyers prioritize your needs and concerns, providing clear communication and unwavering support throughout the legal process.
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 with an assault lawyer near you. We can be reached at (210) 960-9557.
Texas Assault FAQ
What is the difference between simple assault and aggravated assault?
Simple assault generally involves causing bodily injury, making threats of harm, or engaging in offensive physical contact. Aggravated assault, on the other hand, involves more severe circumstances, such as causing serious bodily injury or using a deadly weapon during the assault.
Can assault charges be dropped by the victim?
While the victim can express a desire to drop charges, the decision ultimately lies with the prosecutor. The state of Texas may choose to pursue the case regardless of the victim's wishes, especially in cases of domestic violence or severe injury.
How can a lawyer help me if I'm facing assault charges?
A skilled assault lawyer can help by:
- Evaluating the evidence against you and identifying weaknesses or inconsistencies.
- Developing a strong defense strategy tailored to your case.
- Negotiating with prosecutors for reduced charges or alternative sentencing.
- Representing you in court and advocating fiercely on your behalf.
Can I avoid jail time if I'm convicted of assault?
Depending on the circumstances of your case, it may be possible to avoid jail time through alternative sentencing options such as probation, community service, or participation in a diversion program. An experienced attorney can negotiate on your behalf to achieve the best possible outcome.
How long does an assault case typically take to resolve?
The timeline for resolving an assault case can vary widely depending on the complexity of the case, the court's schedule, and whether the case goes to trial. Your lawyer can provide a more specific timeline based on the details of your case.
Contact our firm today for a free initial consultation with an assault attorney near you. We can be reached at (210) 960-9557.
Our Clients Are Our Biggest Endorsers
Hear What They Have to Say
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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
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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
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They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.- Elmer Marqueiz
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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
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Case Dismissed Aggravated Robbery
Our client was accused of robbing another person at gunpoint for some sneakers along with a co-defendant and getaway driver. We investigated the evidence and discovered that it was the co-defendant who arranged for the purchase of the sneakers, and that surveillance video disproved the State’s theory that a gun was brandished or that our client knew what was going on.
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Charges Dismissed Assault Bodily Injury Family Violence
Our client was unfortunately in a bad relationship that was ending but before the end her boyfriend decided he was going to secure some property that didn’t belong to him. This led to an argument and for Police to ultimately be called. Our client didn’t want anyone to end up in jail so she downplayed the pushing that had been going on only to realize that the boyfriend had saved his own skin.
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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.
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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.
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Dismissed Possession of Controlled Substance
Our client was pulled over for expired registration. Police smelled marijuana coming from the vehicle and conducted a probable cause search. Police found marijuana and pills containing a controlled substance, and the State charged our client with a felony. Our client was already facing multiple misdemeanor charges in another county.