Granbury, TX Assault Defense Attorney
Meet Our Criminal Defense Attorney
Rob Christian
Board Certified®
Assault Lawyer Building a Defense on Your Behalf in Hood County
Assault occurs when a person intentionally or recklessly causes physical harm or injury to another person. Assault can also be charged for intentionally threatening imminent physical harm or intentionally using offensive or provocative physical contact against another person. This means that harm or injury does not actually have to occur for a person to be charged with assault. If the other person had a reasonable fear of injury or harm as a result of a threat, assault can be charged.
Any type of offensive, unwanted touching could lead to assault charges. Whether the assault is charged as a misdemeanor or felony, the same general actions listed above are required. What separates a misdemeanor assault from a felony assault could have to do with who the assault was committed against, the context of the assault, and whether deadly weapons were used in the assault.
Assault is a criminal offense that can result in severe penalties in the state of Texas. The specific penalties a person charged with assault may face will depend on the circumstances. It is essential that you have a knowledgeable criminal defense attorney by your side to argue persuasively against false charges or excessive penalties. If you have been charged with any level of assault, The Law Offices of Rob Christian can provide you with strong legal representation to help you resolve your case successfully.
What Are the Types of Assault?
There are many different types of assault in Texas, including:
- If no harm resulted from the assault, it will likely be charged as a Class C misdemeanor. Any level of physical touch against the alleged victim in a "provocative" manner or threats of imminent physical harm could result in Class C misdemeanor assault charges. Penalties for a Class C misdemeanor assault conviction include a $500 fine but no jail or prison time.
- When there is physical provocation against a person participating in a sport by a person who is not participating in the sport, the defendant could be charged with a Class B misdemeanor. The sports event can be college, professional, or amateur, and the threat or physical provocation can be toward an athlete, referee, staff member, administrator, instructor, coach, or umpire who is performing their job. A conviction for a Class B misdemeanor can result in up to six months in prison and a fine as large as $2,000.
- When physical injury or harm results from an assault, the crime will—at the very least—be charged as a Class A misdemeanor. Assault may also be charged as a Class A misdemeanor when a disabled or elderly person is deliberately provoked in a physical manner or is threatened. The maximum sentence for a Class A misdemeanor conviction is up to one year in prison and a fine as large as $4,000.
- An assault that is intentional and brings physical harm to another person (and one that would normally be charged as a Class A misdemeanor) may be elevated to third-degree felony assault when the following is true: The physical harm was against a member of the defendant's family, a roommate, a dating partner, a public servant, a government employee, workers authorized by the government, security officers, firefighters, EMS personnel, emergency volunteers, or medical technicians. A prior assault conviction against a household member can also result in third-degree felony assault charges for a subsequent offense. A conviction of third-degree felony assault can result in two to 10 years in prison and a fine as large as $10,000.
All of the above levels of assault are charged as "simple assault." The charges are increased to aggravated assault when the victim suffers severe bodily harm or when a weapon is used or even displayed. Aggravated assault will, at a minimum, be charged as a second-degree felony, although depending on the person who was allegedly assaulted, charges may be increased to a first-degree felony. A second-degree felony assault conviction can result in two to 20 years in prison, while a first-degree felony assault conviction can result in life in prison.
Are There Defenses to Assault?
The defense your attorney may use will depend on the circumstances surrounding your assault charges, but they may include:
- Self-defense, defense of property, or defense of others—but only when no more force than necessary was used to deal with perceived danger and when you did not provoke the other person into attacking you.
- Consent is a defense to assault charges when physical contact is involved—such as during contact sports. The consent argument rests on the theory that the alleged victim consented to physical contact.
- Lack of mental state is a defense that means there was no intent to cause harm, that you did not act intentionally or recklessly, or you did not understand the nature of your actions.
Contact Our Granbury, TX Assault Attorney
Taking the first step toward hiring a highly skilled Granbury, TX assault lawyer means you are taking steps to safeguard your future. Securing legal representation is necessary to ensure your rights are protected and that the outcome of your charges will be as positive as possible. Contact The Law Offices of Rob Christian at 682-936-4003 to schedule a free consultation with a highly experienced criminal defense attorney.