A Strong Defense Against Assault And Battery Charges From A Seasoned Lawyer

Assault and battery are the same under Texas law. The official term – assault – encompasses actions that range from a serious threat of violence to an actual attack that causes bodily harm to another individual. The communication of a threat can also lead to a terroristic threat or harassment charge.

Assault is a serious issue. At the Law Offices of Charles T. Ganz, I have an excellent track record in defending people against criminal charges, including assault, across Texas. I’m a well-respected Houston defense attorney with many proven results and prestigious awards. My goal is to fight for your rights and your freedom until the very end. I am here to help you go back to living your life.

When Does Assault Become A Felony?

Assault charges in Texas can result in anything from a $500 fine to several years in prison. Several factors will determine whether you are facing a serious felony, including:

• Did you seriously injure the person? An assault doesn’t have to result in physical harm; it can be the threat of causing harm. If you do hurt another person, you could face more serious charges.
• Did you use a weapon? You may be facing an aggravated assault charge if you did, resulting in higher penalties.
• Did you assault your partner or a public official? Domestic partners as well as police officers, emergency workers, security workers and other public officials have unique protections. If you attack them, you could automatically be charged with a serious felony.

The worse the circumstances, such as the type of injury or relationship of the parties, the more trouble you may be in. Sexual assault charges, for example, carry particularly serious consequences.

Reducing The Assault Charges Against You

When you’ve been arrested for assault, prosecutors will often attempt to gather evidence to aggravate your charges or give you the maximum possible penalty. Even lowering your charges from a felony to a misdemeanor can save you thousands of dollars in fees and potentially keep you out of jail. The best-case scenario: I can get the charges dropped altogether. While not possible in every case, you can trust that I will explore every angle to pursue that outcome.

What Is The Penalty Of An Aggravated Assault Charge With A Weapon In Texas?

While the Lone Star State allows people to own firearms and freely carry weapons without a license, you could still face severe penalties if you face an aggravated weapons assault charge. All it takes is for the person on the other end of the conflict to feel threatened and face a charge; it doesn’t have to involve a weapon. Your stance, facial expressions or words could all be used as evidence against you in your criminal case.

If you receive an assault conviction in Texas, it could be a second-degree felony. These can come with severe fines and potential prison time. In Houston, assault crime charges may be suspended for various reasons which can influence your defense strategy.

Is An Assault Charge Treated Differently If It Is Against A Family Member?

Assault against a family member in Texas can result in enhanced penalties. For example, if the defendant was convicted of an offense against a family member, the assault could get elevated to a third-degree felony. Additionally, if the assault involves impeding the normal breathing or circulation of the blood of the family member, that can also result in a third-degree felony charge.

What Legal Defenses Do I Have If I Face Assault Accusations?

Under Texas Penal Code 22.01, there are a few different defense options for assault accusations. Those can include:

• Self-defense: You felt threatened by the other person’s actions or intended actions and acted to protect yourself from physical harm.
• Duress: Similar to self-defense, you could use this option if you believe you have no other way out of a situation that doesn’t involve getting physical.
• Lack of criminal intent: You try to prove that you didn’t intend to assault or harm the other person involved in the altercation.
• Mistaken identity: You could use this option if you believe you face false accusations of assault.
• Consent: You can use this defense if you can prove that the alleged victim consented to a physical altercation.
• Necessity: This is when you believe you had to get involved in a physical altercation to prevent further bodily harm.

Your ability to use these defense options often depends on the specific circumstances surrounding your case. Want to know more about how these defenses could play out for you? Call me at 713-364-0953 so we can start building an effective defense strategy.

How Does The Law Differentiate Between Intentional, Knowing And Reckless Conduct In The Context Of Assault?

Here is a breakdown of each:

• Intentional conduct: The accused had a conscious objective or desire to engage in the conduct or cause the result.
• Knowing conduct: The accused knows their conduct is sure to cause the result.
• Reckless conduct: The person is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur.

An assault and battery charge in Texas is something to take very seriously. If you face one of these charges, do not hesitate to call my office at 713-364-0953. I am here to provide you with the strong defense you deserve.

Seek The Strong Assault Defense That You Need

The sooner you act, the sooner I can begin your defense. To get my help in fighting the assault/battery charges against you, schedule an initial consultation. Call my office at 713-364-0953 or reach out online to get started.

I have represented clients accused of assault in counties across Texas. Below are some recent results focused on Harris County.