Assault

Assault

Austin Assault Defense Attorney

Assault is one of the most common charges filed in Texas. Because it is a violent crime, it is taken very seriously. However, you can be found guilty of assault even if you did not injure – or even touch – the victim. There are several different types of assault. The severity of the charge and the possible punishment depends on the circumstances involved.

Types of Assault

Simple Assault consists of:

  • intentionally, knowingly, or recklessly causing bodily injury to another person;
  • intentionally or knowingly threatening another person with imminent bodily injury; or
  • intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.

The classification for this type of assault depends on what you are accused of. Threats alone will be considered a Class C Misdemeanor. However, this can be elevated in certain circumstances. For example, it is a Class A Misdemeanor if the threat is made to a victim who is elderly or disabled. An assault that causes bodily injury is a Class A Misdemeanor. Again, this can be elevated to a third-degree felony if the victim comes from a certain class of people (such as a public servant or volunteer firefighter). This is why you need a criminal defense attorney from Smith & Vinson Law Firm to review the charges that you are facing.

Domestic Assault occurs when both the offender and the victim are members of the same family or household. Domestic assault can be characterized as either a misdemeanor or felony, depending on your criminal history.

Aggravated Assault occurs either when the assault results in serious bodily injury or was committed using a deadly weapon. Aggravated assault is a second-degree felony, punishable by between 2 and 10 years in prison and a fine of up to $10,000.

Sexual Assault and Aggravated Sexual Assault are typically rape or molestation cases. Sexual assault is a second-degree felony and aggravated sexual assault is a first-degree felony.

Defenses

Just because you have been arrested for assault, does not mean you are guilty. Police will often make an arrest on very little evidence. Something as simple as a neighbor calling to report a loud argument could easily lead to an arrest for assault. If you are charged, there could be a number of defenses available, including:

  • Self-Defense
  • Defense of Others
  • Mutual Combat
  • Necessity
  • Duress
  • Insanity
  • Mistake of Fact
  • Involuntary Intoxication
  • Castle Doctrine

Central Texas Assault Lawyers

The State of Texas aggressively prosecutes cases when there is an alleged victim. This is why you need to mount an aggressive defense. The State of Texas is working against you. You need someone working for you. We will work for you. Smith & Vinson Law Firm represents client’s accused of assault crimes in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and all around the Central Texas area. Contact us now for a free consultation at 512-549-6339

What To Do If You’ve Been Charged With Assault

Do not talk to the police, except to provide identifying information, such as your date of birth or name. The police will say anything to elicit a response from you. They are allowed to lie to you in order to get you to say what they want. Nothing you tell them will help you; it will only be used against you. If questioned, tell them you cannot speak without an attorney present. Do not sign a waiver of your rights.

Call Smith & Vinson Law Firm. Once you have politely and firmly asserted your constitutional rights, you need to call an attorney who will fight for you. At Smith & Vinson Law Firm, we are on call 24/7. Call us immediately so that we can begin gathering information, interviewing witnesses, and protecting your rights.

Do not contact the victim, even if he or she is a member of your household. If you become subject to a restraining order, follow all restrictions.

If you are in jail, do not talk to anyone about the case. All phone calls in and out of the facility are recorded and may be used against you. Further, anything you say to a cellmate could potentially be used against you at trial. The only person you should talk to if you are in jail is your attorney.

In one instant, a heated argument can turn into an assault conviction and a criminal record. If you are facing assault charges, don’t wait. Call Smith & Vinson Law Firm. Jarrod Smith and Brad Vinson are Texas defense lawyers available 24/7 to protect your rights. Let us fight for you.

Austin Criminal Defense Attorney’s

If you have been arrested or charged with an assault offense in Austin, Round Rock, Georgetown, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas contact Smith & Vinson Law Firm.

At Smith & Vinson Law Firm, we take your assault charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that will fight for you from day one to get the best possible resolution for your case.

Contact our office today for a free initial consultation.

NOTE: This information is not legal advice. It is provided for educational use only. If you need legal advice regarding a criminal offense in the State of Texas, please contact Smith & Vinson Law Firm at 512-549-6339.