Ceja Law Firm discusses the defenses you can use if charged with assault.

I’ve Been Charged with Assault in Texas: Now What?

It can be very alarming when you have been charged with assault in Houston. Regardless of whether or not you have committed this crime, the short- and long-term effects and consequences can prove quite severe. There is a lot at stake. Should you be found guilty, you could be facing everything from jail time to fines, including restitution. 

In Texas, there are two different types of assault charges: assault and aggravated assault. 

Assault

Simple assault charges may be brought if you have:

  • Threatened another person with imminent bodily harm;
  • Intentionally or knowingly engaged in physical contact with another person when you knew or should have known that this contact would be considered provocative or offense to them; or
  • Intentionally, knowingly, or recklessly caused bodily injury to another person. 

Aggravated Assault

To be charged with aggravated assault, the assault must have either caused serious bodily harm to another person or you wielded deadly weapon during the commission of the assault. According to Chapter 5, Section 22.01 of the Texas Penal Code, aside from simple or aggravated assault, you may also be charged with any of the following:

  • Abandoning or Endangering a Child
  • Aggravated Sexual Assault
  • Deadly Conduct
  • Injury to a Child, Elderly Individual, or Disabled Individual
  • Leaving a Child in a Vehicle
  • Sexual Assault
  • Tampering with a Consumer Product
  • Terroristic Threats

Defenses to Assault

Dependent upon what you have been charged with (which class of misdemeanor or which degree of felony), the consequences can range from a fine of up to $500 all the way to 10 years to life in prison and/or a fine of up to $50,000.

Luckily, dependent upon the circumstances of your specific case and arrest, an attorney may have several different defenses that he or she can assert to get the charges reduced or even dropped. Such defenses include the following:

  • You were acting in self-defense
  • This is a case of mistaken identity – you are not the person responsible
  • The victim knew that the conduct which occurred was an inherent risk of their occupation or a recognized method of medical treatment or scientific experiment
  • The victim and/or witnesses are not being truthful
  • Prosecutors failed to meet one of the necessary elements of the crime

Ceja Law Firm PLLC Helps Those in Houston Who Have Been Charged with Assault

If you or a loved one has been charged with assault, the possibility of a conviction could leave many negative, long-term effects. That is why it is so important to consult with a knowledgeable and experienced Texas Criminal Defense Attorney. At Ceja Law Firm PLLC, we care about you and will fight to get you the best possible outcome. To learn more or to schedule a consultation, call us at 713-987-3425 today!