When facing assault charges in Texas, it’s crucial to understand the legal landscape surrounding these serious offenses. Assault can take various forms, from simple assault to aggravated assault, each carrying different legal implications and potential penalties. Understanding the definitions, consequences, and defenses related to assault charges can significantly impact the outcome of your case. This article aims to provide you with essential information on what constitutes assault in Texas, the legal processes involved, and how to navigate the complexities of the criminal justice system.
Why choose the Law Office of Bryan Fagan for your criminal defense needs
The attorneys with the Law Office of Bryan Fagan pride ourselves on being fortunate enough to serve our community. We focus on each of our clients individually and take none of our clients for granted. If you seek an attorney dedicated to service, effective communication, and skilled in achieving the results you need, contact the Law Office of Bryan Fagan today. We can work to schedule a free-of-charge consultation with one of our experienced criminal defense attorneys on your behalf. If you take every opportunity you have to prepare your case, then you give yourself the best opportunity to avoid some very negative outcomes in the world of Texas criminal law. The failure to prepare, however, means that you are preparing to fail.
One of the benefits of working with the experienced criminal defense attorneys with the Law Office of Bryan Fagan is that we have the experience that you need to succeed in your situation involving aggravated assault or any other criminal charge for that matter. We know what it takes to collect evidence, prepare a case, negotiate (if necessary) with the district attorney’s office, and then allow you to exit your case with your future intact when the dust settles on whatever legal controversy you are facing. Do not leave it to chance or hope that the lawyer you hired has what it takes to get your case over the finish line. The Law Office of Bryan Fagan has a proven track record of success and we hope that we can serve you in your legal matter, as well.
What is an assault under the law?
The Texas Penal Code contains the definitions for various crimes that a court would be applying to your situation. An assault occurs if you intentionally, knowingly, or recklessly cause bodily injury to another including the person’s spouse; intentionally or knowingly threaten another with imminent bodily injury including the person’s spouse; or intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Assault charges in Texas are a serious matter and can lead to significant legal consequences.
Since these definitions can be complex, it’s helpful to consider their real-world implications and how they apply to our everyday lives. Intentional conduct means setting out with the desire to cause an event to occur. If you intentionally hit someone that means that you approached the person with the goal in mind to cause your fist to meet some part of that person’s body and result in physical contact.
Understanding “knowingly” causing bodily injury in assault cases
The next key term in these definitions is to “knowingly” cause bodily injury to another person including that person’s spouse. To knowingly cause bodily injury means something similar to intentionally causing bodily injury. You willingly engaged in the conduct without any coercion and did not act by accident. In many ways, the terms intentionally and knowingly are similar enough to be indistinguishable from one another.
If you physically hurt someone or threatened to do so, you could face assault charges. In Texas, the state must provide evidence of your actions, which may include witness statements, video footage, or social media posts that correspond with the timing of the incidents. Keep in mind that based on the definitions just provided to you a moment ago you could have acted intentionally or even recklessly to be liable for one of these crimes. Even if you didn’t intend to harm someone, you could still face assault charges if your actions could reasonably have led to an injury.
Where the grey area applies to this situation is regarding what your mental state was in the period immediately preceding the alleged act of violence as well as what you ended up doing as far as an action is concerned. As any criminal defense attorney or prosecutor can tell you, proving the mental state of a defendant is not a simple task.
Understanding mental state in assault cases
For instance, a prosecutor needs to be able to prove your mental state since it is an important element in the crime of assault. Conversely, you and your attorney must demonstrate to a jury or judge that your mental state at the time of the act was not intentional, knowing, or reckless. This can be a challenging task. Experienced criminal law attorneys, like those at the Law Office of Bryan Fagan, are well-equipped to assist you in this process.
A reasonable person standard applies in assault cases. Would a reasonable person believe your actions to have been reckless related to the actions you made that day? Were you acting in a way that could have foreseeably caused an injury? It does not matter what you thought or what another witness thought. What matters is what a reasonable person would believe based on the totality of the circumstances surrounding the alleged incident. These fine points can easily get lost in the shuffle of a case. A witness’s interpretation of the events in question could differ from those which you possess of the day in question.
Self-defense- what it is and how to offer it as a defense in your assault case
You have the right to defend yourself in Texas. Suppose that another person was coming at you physically and threatened to cause you bodily harm of some sort. In this case, you would be entitled to protect yourself from injury or death. When taken out of context, self-defense can involve physical actions which in other contexts would be illegal. However, because you were facing the threat of imminent physical harm it may be legal to act as you did in a particular situation. When a person comes at you unprovoked, you do not have to stand there and take blows to the head. Rather, you would be allowed to defend yourself- within reason.
As with anything else in the law, it is easy to draw conclusions based on our reading of a book. However, when it comes to applying the laws of self-defense in the real world it becomes significantly more difficult to do so. A lot of the reason for this is that what first appears to be criminal behavior may be justified on your part due to the threat of imminent physical harm that you were facing at the time. It could be that you spoke to police officers at the scene of an incident and convinced them so thoroughly of the self-defense that you were never charged with a crime.
Evaluating self-defense claims in aggravated assault cases
When charged with aggravated assault in Texas, you and your attorney should thoroughly evaluate your actions on the day of the alleged incident to assess any valid self-defense claims. Determining whether self-defense applies can be challenging, but it’s essential for your case. On top of that, you would need to be able to prove that you were engaging in self-defense. Some conditions make a self-defense claim more legitimate in the eyes of the court.
Specifically, three conditions must all be present concurrently for you and your attorney to be able to successfully claim self-defense. First, you must genuinely believe that you face immediate harm. If you believe that a person does not pose a threat of harm to you in the next few seconds, then you cannot use a self-defense claim successfully. Being in immediate danger carries with it the expectation that you do not have time to truly think through your options, but rather than arrive at the decision you made in a spur-of-the-moment manner.
The reasonable person standard and proportionality in self-defense cases
Next, the reasonable person standard comes into play as the judge would consider whether a reasonable person would have agreed with your interpretation of the situation being one where you are facing a genuine threat of imminent bodily injury or death. This is left up to the judge or jury to decide. Put a typical adult in your situation and that person would need to determine much like you did that he or she was in a situation where he or she was facing an immediate threat of harm.
Finally, we deal with the proportionality of your response to the other person. Your response to an immediate threat must be reasonable and proportionate to the danger you face. Ask yourself if most people would agree that your response to the threat of injury or death was imminent and that your response was fair regarding the threat made against you. For example, it would be unreasonable to use a knife for self-defense if someone simply pushed you. However, it is likely to be reasonable that you shot someone who first pulled out a gun to shoot you.
What to do if you plan on claiming self-defense in a trial
A self-defense claim can help you avoid serious consequences in a violent situation. However, it is not so simple a situation that you can tell the judge that you were acting in self-defense and just expect the situation to resolve itself after that. This is a more complicated situation than you may be giving it credit for now. As a result, working with an experienced criminal defense attorney with the Law Office of Bryan Fagan can make a tremendous difference in how effective your self-defense argument may be.
Differentiating between simple and aggravated assault
Your case may escalate from simple assault to aggravated assault if the incident results in serious bodily injury, such as broken bones or permanent impairment. Additionally, using a deadly weapon—whether a firearm, knife or even a household item like a baseball bat—can elevate a simple assault charge. An assault can also be classified as aggravated if it involves a family member or someone you are dating, highlighting the serious nature of such charges.
Aggravated assault can occur alongside other crimes, such as sexual assault or robbery. Charges may increase if the victim is a police officer, firefighter, or public servant. Moreover, if you have prior assault convictions related to family violence, a recent incident involving a family member could lead to aggravated assault charges. This context illustrates the various factors that can influence the severity of the charges against you.
The penalties for aggravated assault are more severe than those for simple assault, often resulting in longer prison sentences. Ultimately, the prosecutor bears the burden of proving the elements of aggravated assault to secure a conviction. This means that your defense should focus on presenting evidence and arguments that challenge the prosecution’s claims, highlighting the importance of having an experienced criminal defense attorney to navigate these complex legal waters effectively.
What steps should you take if you are charged with aggravated assault?
If you face charges of aggravated assault, interviewing multiple criminal defense attorneys should be your first step. We have walked through a few different scenarios related to this type of crime in today’s blog post. That said, we’ve only scratched the surface of what it takes to manage this type of case and ultimately achieve a not-guilty verdict for this serious crime.
Next, you should not speak to law enforcement under any circumstances until and unless you have an experienced criminal defense attorney by your side. Many people make the mistake of speaking to law enforcement, making statements upon arrest, or in an interview scenario. Defendants often make statements like this in hopes of reducing the likelihood of facing consequences or jail time. However, such statements can and will be used against you in court.
When deciding to hire an attorney you should consider factors beyond the cost of the lawyer. While cost will probably be a significant factor for you to consider, another characteristic of the attorney should be that he has experience working with clients who are facing similar circumstances as you are. You should ask the attorney about their level of experience and for information about how the lawyer envisions the remainder of your case going. Asking questions like this will allow you to determine how comfortable you are with the attorney as well as the extent to which you can rely upon the advice of that lawyer moving forward.
Conclusion
Understanding assault charges in Texas is essential for anyone facing these serious allegations or seeking to comprehend the legal framework surrounding them. The differences between simple and aggravated assault, as well as their potential consequences, emphasize the importance of being informed. Knowing your rights and available defenses can significantly influence the outcome of your case. Whether you are navigating the criminal justice system or supporting someone who is, having a clear grasp of the laws and processes involved can lead to better decision-making and outcomes. If you find yourself entangled in such legal matters, consulting a qualified attorney is crucial to ensure your rights are protected and to explore the best course of action.
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- Types of Assault Charges in Texas
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- What are the components of an assault charge?
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Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed criminal defense attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of criminal defense law as well as about how you can best proceed in whatever legal circumstance you currently find yourself involved in.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
