assault.jpg

Assault charges can have a tremendous impact on your or your loved one's life - a conviction even more so! It is imperative to act quickly and contact an attorney as early in the process as possible. Because the penalties and consequences vary depending on the circumstances of the case, it is important that the case is properly evaluated. Contact us TODAY at 512-872-3131 for a FREE consultation!

ASSAULT

Texas Penal Code Sec. 22.01

The Texas Penal code states that a person commits an offense if the person:

  1. intentionally, knowingly, or recklessly causes bodily injury to another (including the spouse);

  2. intentionally or knowingly threatens another with imminent bodily injury (including the spouse); or

  3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

In Texas, a simple assault  can be charged as a Class C misdemeanor, a Class B misdemeanor or a Class A misdemeanor. It all depends on the seriousness of the alleged attack. Under certain circumstances however the charge may be enhanced to a Felony. Thus, every case is unique an must be evaluated thoroughly to ensure that your are getting the best outcome possible. Contact us TODAY for a FREE consultation at 512-872-3131.

If you are convicted of a misdemeanor Texas assault, the sentences may include:

  • Community Supervision (Probation)

  • Reporting to a Probation officer

  • Community Service

  • Mandatory Courses

  • Court costs

  • Class A misdemeanor: up to one year in jail and/or up to a $4,000 fine

  • Class B misdemeanor: up to 180 days in jail and/or up to a $2,000 fine

  • Class C misdemeanor: a fine up to $500

 

ASSAULT - FAMILY VIOLENCE

Texas Penal Code Sec. 22.01

Similar to Assault charges, Domestic Violence charges are governed by the same section of the The Texas Penal Code. However, it includes the relationships defined under Chapter 71 of the Texas Family Code. 

If the State wants to charge you with Assault Bodily Injury Family Violence, it must prove: 

  1. the identity of the defendant

  2. Date of the offense

  3. County where the alleged offense took place

  4. Mental State: intentionally, knowingly, or recklessly

  5. caused bodily injury

  6. to the complaining witness (the alleged Victim)

  7. The manner and means for casing bodily injury 

  8. The relationship as defined by Chapter 71 of the Family Code.

A conviction for Assault Bodily Injury Family Violence can have serious consequences!  For example, you will not be able to own or purchase a gun! Also, if you are arrested for Domestic Violence a second time, it may be charged as continuous family violence and can be enhanced to a Felony! Call us TODAY at 512-872-3131 for a FREE consultation. 

If you are convicted of Assault Bodily Injury Family Violence, the sentences may include:

  • Community Supervision (Probation)

  • Reporting to a Probation officer

  • Community Service

  • Mandatory Courses 

  • Court costs

  • Class A misdemeanor: up to one year in jail and/or up to a $4,000 fine

Every case is unique and should be reviewed thoroughly to prepare the best defense possible. Things like an Affidavit of Non-prosecution are not always useful and will not automatically lead to a dismissal! In Texas, the prosecutor does not have to honor the alleged Victim's wishes to dismiss the case. Instead, the prosecutor will look at all the evidence and will then decide whether he or she will file the charges. 

As a former prosecutor, Andromeda Vega Rubio knows what prosecutors are looking for and how to properly evaluate the case and evidence. Call us TODAY at 512-872-3131for a FREE consultation!