Assault and Battery/Domestic Violence Defense
When defending an assault charge, several different defense strategies can be employed. In some cases, the accused may have been acting in self-defense, while in others, the alleged assault may have occurred as a result of medication reactions, post-traumatic stress disorder, or any number of other factors.
Regardless of the reason, when police are called to an assault situation, they usually arrest an individual even if the evidence is weak or if the accuser retracts their allegation. To avoid the penalties of an assault conviction it is imperative, you speak with an experience attorney as quickly as possible.
What is Assault?
In the state of Texas, any of the following criminal behaviors can result in an Assault charge:
- Knowingly or intentionally threatening another person, including your domestic partner/spouse, with any kind of imminent bodily harm or injury.
- Knowingly, intentionally, or recklessly causing bodily harm or injury to another person, including your domestic partner/spouse.
- Knowingly or intentionally causing physical contact with another person with the knowledge or reasonable belief that said contact will be regarded by the other as either provocative or offensive.
Though many do not realize it, this means that an assault charge can result without there being any harm, injury, or contact of any kind. Simply threatening to inflict said bodily harm can, in some circumstances, result in an assault charge in the state of Texas, including Fort Worth & Surrounding areas.
Assault charges can also be filed if the contact in question resulted in no harm whatsoever. This would mean act like poking your finger in someone’s chest during a heated argument could mean you end up facing an assault charge.
The bottom line is you should never assume there is no grounds for an assault charge when involved in an altercation in Fort Worth, Dallas, or the surrounding areas. You should do everything to protect yourself and contact a criminal defense attorney that works in your area. The Huston Frim is proud to serve anyone facing criminal assault charges in the greater Fort Worth area with experience, integrity, and a sound legal strategy that will help secure the best possible outcome for their case.
Committed to Protecting Your Rights in Fort Worth & Surrounding Areas
The Huston Firm in Fort Worth is committed to protecting your rights, helping you avoid the consequences of conviction, and keeping your record clean.
We defend clients with various types of assault charges like:
- Bar fights
- Domestic disputes
- Fights at sporting events
- Assault with a deadly weapon
- Spousal abuse
- Assault and family violence
G. Dewayne Huston and associates will aggressively seek the most favorable outcome for your case, whether it is a reduction or dismal of charges or an acquittal by jury. Put your defense in our hands. The Huston Firm represents clients throughout the Fort Worth and Dallas area.
Misdemeanor & Felony Assault Charges
In most simple assault cases, one that does not result in serious injury and does not involve the use of a firearm, the resulting charge is a Class A misdemeanor that is punishable by no more than $4000 in fines and a year in county jail. However, there are some circumstances in which a simple assault charge can become a third-degree felony in the state of Texas. These circumstances include:
- The assault in question was committed against a family member or someone you are romantically involved with AND you have a previous conviction for domestic violence.
- The assault in question was committed against someone you knew was a public servant OR someone acting in an official capacity and carrying out official duties OR in retaliation against a public servant for doing their job.
- The assault in question was committed against an emergency worker or security guard while the person was performing the duties required by their position.
In cases where the assault merely consisted of a touch or threat where no physical harm resulted, the assault charges may be reduced to a Class C misdemeanor which carries with it a maximum penalty of $500. However, such charges can still be upgraded in cases where the victim was elderly or working as a sports official.
Recent alterations to Texas law permits prosecutors to increase certain domestic violence misdemeanors to felonies. There’s two main ways this can be done: first, if you have two domestic violence offenses within 12 months for which you were not convicted, or secondly, if you have a domestic violence conviction and are charged again. Both of these can be increased to felonies.
Don’t Make A Move Without Consulting An Experienced Fort Worth Attorney
Domestic or family violence encompasses sexual, physical, psychological, or emotional abuse of romantic partners or family members. The penalties, which can range from counseling, probation, and community service for first-time culprits to significant fines and jail time for repeat offenders, are serious and consequential. The severity of these repercussions depend on various factors such as other previous offenses, presence of an injury, and the severity of the act. Choosing an experienced domestic violence attorney is critical for ensuring the best possible defense.
Call The Huston Firm today for a free consultation and discuss your options for defending your rights in a domestic violence or assault charge. The Huston Firm represents clients throughout the Fort Worth and Dallas area.