Assault Defense Attorneys in Georgetown
Former Prosecutor On Your Side
If you have been charged with assault, you need the help of an experienced attorney. At Smith & Vinson Law Firm, our Georgetown assault defense lawyers are ready to take on your case. We are prepared to help you fight back against your charges, and we are committed to helping you seek the best possible outcome for your situation.
Arrested for assault? Call (512) 337-1230 or contact us online to schedule a free consultation today. We're available 24/7 to help!
Understanding Assault Charges Under Texas Law
Assault charges encompass a wide range of behaviors, from verbal threats to physical harm. Under Texas law, a person commits an assault if they intentionally, knowingly, or recklessly cause bodily injury to another, threaten another with bodily injury, or cause physical contact with another that the person knows or should reasonably believe will be regarded as offensive or provocative.
Assault charges in Georgetown, Texas vary based on the specifics of the case, but generally can be categorized as follows:
- Simple Assault: This is the most basic form of assault in which a person intentionally or recklessly causes physical harm to another individual, or intentionally or knowingly threatens another with imminent bodily harm.
- Aggravated Assault: An assault charge can be elevated to aggravated assault if it involves the use of a deadly weapon or results in serious bodily injury. The severity of the charge also increases if the victim is a public servant, such as a police officer, or a family member.
- Sexual Assault: This includes any assault that involves a sexual act carried out without the victim's consent.
It's crucial for individuals facing these charges to understand the implications of each category. Simple assault, often considered a misdemeanor, can still result in severe penalties like fines, probation, or jail time. Aggravated assault charges bring about even more serious consequences, potentially leading to lengthy prison sentences and significant fines. Understanding these differences is vital for anyone navigating the Texas legal system.
What Can Make an Assault Charge More Serious?
Certain factors can elevate an assault charge, leading to more serious penalties if convicted. These include:
- Use of a Weapon: If a weapon is used during the assault, the charge can be upgraded to aggravated assault, a second-degree felony in Texas.
- Victim's Status: If the victim of an assault is a family member, dating partner, or public servant, the consequences of the charge become more severe.
In addition to weapons and the victim's status, the context of the incident also plays a crucial role. Assaults occurring in specific locations, like schools or government buildings, or those witnessed by children, can lead to enhanced penalties. Repeat offenders may also face harsher consequences, emphasizing the importance of addressing each charge with serious attention and appropriate legal support.
Potential Defenses to Assault Charges
Our team at Smith & Vinson Law Firm employs a range of strategies when building a defense against assault charges in Georgetown, TX.
These strategies can include arguing:
- Self-defense: If you were protecting yourself from harm, this defense may be applicable.
- Defense of Others: If you were protecting someone else from harm, this may also serve as a valid defense.
- Lack of Intent: In many assault situations, it must be proven that you intended to harm the victim. If it can be shown that there was no such intent, this may weaken the prosecution's case.
- Insufficient Evidence: If the evidence against you is weak or has been improperly obtained, it may be possible to challenge its validity.
Additional defenses could include mistaken identity or alibi, highlighting the complexity of each case. It is not uncommon for individuals to be wrongfully accused, necessitating a comprehensive examination of the incident and any available surveillance or witness testimony. A knowledgeable assault lawyer can explore these angles, ensuring every aspect of the defense is thoroughly evaluated to achieve the most favorable outcome.
Local Resources & Legal Support in Georgetown
Georgetown offers several local resources that individuals facing assault charges can utilize. Understanding the local legal landscape is crucial for creating a strong defense. The Williamson County Bar Association is a valuable resource for finding qualified legal professionals who understand the intricacies of local laws. Additionally, the County’s Law Library provides access to legal texts and documentation that can be useful for individuals and attorneys conducting research.
Moreover, local support groups like the Georgetown Police Department's Victim Services Unit offer assistance to those affected by assault. While primarily focused on victims, their resources can also provide insights into common procedures and practices that defendants might encounter during legal proceedings. Staying informed about the local legal processes and available resources can empower individuals to better navigate their legal challenges.
Frequently Asked Questions About Assault Charges in Georgetown
What Is the Difference Between Assault and Aggravated Assault?
In Texas, the distinction between assault and aggravated assault primarily lies in the severity and circumstances of the offense. Simple assault typically involves minor injuries or threats, whereas aggravated assault involves serious bodily harm or the use of a deadly weapon. The law considers aggravated assault a more severe felony, often leading to harsher penalties that may include significant prison time and fines. Understanding these differences is crucial, as they influence legal strategies and potential outcomes.
How Can I Protect My Rights During an Assault Investigation?
To protect your rights during an assault investigation, it is essential to remain calm and cooperative but also vigilant about your legal rights. Avoid making statements without legal counsel, as anything you say can be used against you. Request to speak with an attorney as soon as possible to ensure your rights are safeguarded. It's also helpful to gather evidence, such as photographs or witness information, to support your account of the events.
Can Assault Charges Be Dropped in Georgetown?
Assault charges can potentially be dropped, depending on several factors including the strength of evidence, witness credibility, and prosecutorial discretion. If new evidence emerges or if there are significant legal discrepancies, an experienced assault attorney can negotiate with the prosecution to have charges reduced or dismissed. Understanding your legal options and working with a skilled attorney can increase the likelihood of achieving a favorable outcome.
What Should I Expect During a Court Hearing for Assault Charges?
A court hearing for assault charges involves several stages, including arraignment, pre-trial motion hearings, and potentially a trial. During these proceedings, the defense and prosecution present their arguments, evidence is reviewed, and the judge makes rulings on motions. Witnesses may also be called to testify. Having a prepared legal team ensures you are ready for each stage, increasing your chances of a successful outcome.
How Does a Conviction Impact My Future?
A conviction for assault can have lasting impacts on your future, including difficulties in obtaining employment, housing, and educational opportunities, as background checks often reveal criminal records. Moreover, certain civil rights, such as voting or firearm ownership, could be affected. Understanding these potential implications underscores the importance of seeking qualified legal defense as soon as possible to mitigate negative outcomes.
Ask a Georgetown Assault Defense Lawyer
Being charged with assault can have serious, lasting impacts on your life. Don't face these charges alone. At Smith & Vinson Law Firm, we passionately defend our clients' rights and fight for their best interests.
Contact us today to discuss your case. Your consultation is free and confidential!
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation