Assault Crimes

El Paso Assault Crime Defense Lawyer

Helping Protect You from Harsh Penalties in Texas

If you are being investigated for assault, or you have already been charged, remember your rights. Don’t let the authorities pressure you into doing what they want. You have a Constitutional right to a defense.

Setra Law Firm P.C. is here to help you mount a strong defense against your charges. Our team has extensive experience with these assault cases, and we can help you explore all of your options.

For a consultation with an assault crime defense lawyer in El Paso, call (915) 221-9115 right away.

What Is the Definition of Assault in Texas?

Assault, defined in Texas Penal Code § 22.01, is a type of violent crime. It is generally charged as a misdemeanor, but aggravating factors can elevate the charge to a felony offense.

Under Texas law, an assault occurs when a person:

Intentionally, knowingly, or recklessly causes bodily injury to another person
Intentionally or knowingly threatens another person with imminent bodily injury
Intentionally or knowingly causes physical contact with another person when they should reasonably believe that the other person will regard the contact as offensive or provocative

Looking at that last standard, you can see how broadly the authorities can classify assault. For instance, simply throwing a drink in another person’s face could result in charges.

Remember, in any criminal charge, the prosecution must prove their case beyond a reasonable doubt. Our team is here to scrutinize the prosecution’s evidence. By revealing your side of the story, we may be able to create some doubt in your accuser’s narrative and help you maintain your freedom.

What Is the Definition of Aggravated Assault in Texas?

Aggravated assault, defined in Texas Penal Code § 22.02, is a more serious form of the crime. It involves the use of a deadly weapon or results in serious bodily injury.

Texas generally charges aggravated assault as a second-degree felony. However, certain factors can elevate the charge to a first-degree felony.

Under Texas law, a person commits aggravated assault if they:

Cause serious bodily injury to another person
Use or exhibit a deadly weapon while committing an assault
Causes bodily injury to a public servant, security guard, emergency services personnel, or other protected individual
Causes bodily injury to another person while committing or attempting to commit a felony offense, including arson, burglary, and robbery

Aggravated assault is a very serious crime in Texas, and it carries severe penalties. If found guilty, a person could face long-term imprisonment. If you are accused of this offense, seek legal representation right away. Our team can help you understand the charges you face and take immediate action to protect your rights.

When Is Assault a Felony in Texas?

Simple assault is typically charged as a Class A misdemeanor. This is the most serious misdemeanor offense, and it carries a maximum jail sentence of 1 year and fines up to $500.

If the accused has a previous simple assault conviction, the charge may be bumped up to a third-degree felony. This is the lowest felony in the state, and it carries a maximum prison sentence of 10 years and fines up to $10,000.

Aggravated assault, as mentioned above, is typically charged as a second-degree felony. This is a serious charge. It carries a maximum prison sentence of 20 years and fines as high as $10,000.

However, certain factors can elevate aggravated assault to a first-degree felony. Examples include:

The accused allegedly used a deadly weapon in the assault
The alleged assault was against a public servant or security guard

First-degree felonies are the most serious crimes in Texas. They carry a maximum of life in prison and fines of up to $10,000.

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Other Penalties for Assault

Depending on the circumstances, the state can also penalize assault in the following ways:

Class C misdemeanor: A fine of up to $500
Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000
Second-degree felony: 2 to 20 years in prison and a fine of up to $10,000

Moreover, an assault conviction can have a lasting impact on your personal and professional life. It puts a permanent stain on your criminal record. Anyone who performs a background check on you can easily access this information, including potential employers, landlords, and lenders.

A criminal record makes it difficult to secure employment, housing, and loans. It can also impact your right to obtain or maintain an occupational license. Our team is here to help you keep your record clean.

How Can I Defend Myself Against Assault Charges?

There is no one-size-fits-all answer to this question. Every case is unique. However, some well-known strategies are often effective in assault cases.

Some common defenses to assault charges in Texas include:

Consent
In some cases, the alleged victim may have consented to the offensive or provocative contact, or they may have engaged in “mutual combat,” where the participants agree to fight.
Self-Defense
You have the right to defend yourself against an attack. If you were acting in self-defense at the time of the alleged assault, we can help you gather evidence to support this claim.
False Allegations
It is common for people to face false assault allegations. For example, spouses often file false reports to gain an advantage in a divorce or child custody proceeding. We can help you build a strong defense against false claims.
Defense of Others
Self-defense rights extend beyond yourself. You also have the right to defend others against an attack, even if that other person is a stranger. If you were protecting another person when the alleged assault occurred, we are here to help you reveal the truth.

How Can a Lawyer Help with an Assault Case?

A defense attorney helps protect your rights, and they help you build a case against the charges against you. Remember, you are innocent until proven guilty. Our team can guide you through the legal process. We want to help you make informed decisions about your case.

Our assault defense attorney is here to help with all aspects of your case, including:

Representing you at trial, if necessary
Arguing for a reduction or dismissal of the charges
Collecting additional evidence to support your defense
Challenging the legality of the arrest, search, and seizure
Investigating the evidence and circumstances surrounding your arrest
Negotiating with the prosecution to secure a favorable plea agreement

You can count on us to provide you with personalized legal guidance. We will make sure you receive the aggressive defense you deserve.

To get started, contact us online. Our El Paso team is here to help you beat your assault charges.

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We give your case the care it deserves, taking the time to craft your legal strategy to fit your specific needs.
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We have a long history of winning for our clients, both in the courtroom and at the settlement table.
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Everyone deserves quality legal representation. We offer payment plans that are tailored to our clients' financial needs.

El Paso's Partner in Justice Contact Us Today Get A Fearless Legal Team On Your Side

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Call Us Today (915) 221-9115

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