Assault is one of the most commonly charged offenses throughout Texas and the Houston area. Depending on the facts alleged, an assault can range from a fine-only misdemeanor to a serious felony with the possibility of jail or prison time and a permanent criminal record. In addition to the possibility of the loss of your freedom, an assault case could have severe consequences for your career, visitation rights or immigration status.
Attorney Jose Ceja is a former prosecutor with extensive experience prosecuting and defending all types of assault cases and violent crimes. If you are facing an assault charge anywhere in the Houston area, call Ceja Law Firm today for a free consultation to discuss your options. Attorney Jose Ceja and his staff are fluent in Spanish and regularly help Hispanic clients successfully defend assault charges.
When is assault charged as a misdemeanor in Texas?
In Texas, a person can commit misdemeanor assault in one of the following ways:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
- Threatening another with imminent bodily harm
- Causing physical contact with another person in a manner that would reasonably be considered offensive or provocative
Committing an assault by causing bodily injury is typically charged as a Class “A” misdemeanor (there are several situations in which an assault can be charged as a felony, such as assaulting a police officer). Threatening another with harm or causing offensive physical contact is charged as a Class “C” misdemeanor.
How is domestic violence assault charged?
An assault causing bodily injury that is committed against a family member, member of the household, or person in a dating relationship will be charged as a Class “A” misdemeanor (this charge is frequently referred to as assault-family violence). However, if you are convicted of assault and a court makes a finding that the case involved family violence, that could have several serious consequences, including the inability to get your records sealed, loss of gun rights, and the possibility that a future family violence charge could be filed as a felony.
When does assault become a felony in Texas?
Depending on the nature of the case, there are several situations in Texas where an assault charge could be filed as a felony. Some of the most common include:
- Aggravated assault: Aggravated assault involves committing an assault that results in serious bodily injury or using or exhibiting a deadly weapon during the commission of the assault (for example, by pointing a gun at a person). Most aggravated assaults in Texas are charged as second-degree felonies, but aggravated assault can be enhanced to a first-degree felony, depending on the facts of the case.
- Assault of a police officer: Assault of a police officer can be charged if it is alleged that a person committed an assault of a police officer who was in the process of discharging an official duty. Assault of a police officer is a second-degree felony.
- Assault family violence by strangulation: Although most domestic violence cases are filed as Class A misdemeanors, if it is alleged that an assault-family violence case involves choking, the charge will be elevated to a third-degree felony.
-Assault-family violence with a prior conviction: If it is alleged that a person committed domestic violence and the person has a prior conviction for assault-family violence, which became final after the new incident allegedly occurred, the new charge will be a third-degree felony.
How are assault charges defended?
To obtain the best possible result in an assault case, your attorney must challenge the State’s evidence while conducting his own investigation. Under Texas law, prosecutors have an obligation to provide the defense with all of the evidence in their possession or in the possession of law enforcement. In an assault case, the evidence typically consists of offense reports, videos, medical records, and witness statements. While it is necessary for a defense attorney to obtain full discovery from the State, it is also critical that the defense attorney proactively obtain evidence and statements that could help to establish a defense.
Self Defense
The most common defenses in assault cases are self-defense or defense of others. Texas law recognizes a broad right to use force to protect yourself or another person in many situations. However, the laws relating to self-defense can be complex, and it is important to hire an attorney with an in-depth understanding of the laws of self-defense, defense of third persons, and defense of property.
The goal of an assault case is to obtain a dismissal of the charge. However, the reality is that not every case will be dismissed, and if your case is not dismissed, you will have to choose between a trial or a plea agreement. It is impossible to predict how an assault case will be resolved, but the decision to go to trial or plea should be made after your attorney carefully reviews the evidence with you and fully discusses the consequences of any plea agreement. In addition to developing a strong defense, an effective criminal defense attorney should also obtain evidence that might justify a reduced charge or sentence (this is sometimes referred to as mitigation evidence).
How can you keep an assault charge off of your record?
In Texas, there are two ways to keep an assault charge off of your record – an expunction or a non-disclosure (sometimes referred to as “sealing” your record). An expunction is the best way to keep an assault charge off of your record as it would cause records of the arrest to be destroyed and even allow you to deny the existence of the arrest in most instances. However, a person is typically only eligible to receive an expunction of an assault charge if the case is dismissed or if a person is found “not guilty” at trial.
The other way to protect your record after an assault charge is by obtaining a non-disclosure. Under Texas law, if a person successfully completes a deferred adjudication probation, they would generally be entitled to have their records sealed. Getting your records sealed is not as good as an expunction, but it may be an effective way to prevent private employers from seeing an assault case. It is important to note that assault charges involving affirmative findings of family violence are not eligible for non-disclosure.
Can bond conditions in an assault case be modified?
After a person is arrested on an assault charge, a court will typically order bond conditions and possibly issue a protective order, prohibiting the defendant from contacting the alleged victim or going to their home or place of work. For obvious reasons, these restrictions can be extremely problematic as they can prevent a person from returning home. Fortunately, it may be possible to ask a judge to amend a bond condition or protective order with the help of an experienced criminal defense lawyer.
What can you do to help your assault charge?
The most important thing you can do to help your attorney obtain a good result in an assault case is to carefully obey your bond conditions. If it is alleged that a person violated bond conditions relating to the safety of the alleged victim, then you could get your bond revoked, held without jail, and even face a new charge for violation of a protective order. Additionally, a violation of a bond condition or protective order could complicate your case as it could send a message to the court or prosecutors that you are not taking the case seriously.
What happens if a person who is not a citizen or undocumented is charged with assault?
Depending on the facts, an assault charge can have serious immigration consequences that can lead to deportation, loss of residency, or inability to obtain legal status. At Ceja Law Firm, we focus our practice on defending criminal cases but frequently assist clients who are not United States citizens. In these cases, it is crucial to work closely with an immigration attorney to ensure that any criminal case result does not negatively impact a client’s immigration status.
Contact Our Houston Assult Lawyer Today
Although we are committed to having the charges dismissed or winning an acquittal, we will carefully weigh the strength of the evidence against you and determine whether negotiating a plea agreement is the best option for you. Above all, we will always put your best interests first and fight to protect your rights. If you have been charged with assault in Texas, don’t go it alone. Contact Ceja Law Firm today for an evaluation of your case.
Ceja Law Firm handles assault cases throughout Texas, including Houston, Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County, Walker County, and Waller County.
