San Marcos Assault Lawyer

Experienced Defense Strategies for Assault Charges in Hays County

If you or someone close to you was arrested for a violent crime, like assault, you must take immediate and appropriate action to build a strong defense. Violent crimes tend to be punished harshly in Texas, and the consequences of being convicted could be very serious and life-altering. You may be sentenced to a significant jail term, and your criminal record could impede your access to housing, gainful employment, and educational opportunities. 

Protecting your future and freedom with the help of experienced legal representation is in your best interest. The Law Offices of David C. Hardaway can help you explore your defense options, whether your case involves false allegations, self-defense, or something else entirely. Our San Marcos assault lawyers have what it takes to deliver favorable results and will do everything possible to secure an optimal outcome.

We take cases in many areas, including but not limited to Seguin, San Antonio, Comal, Caldwell, Bastrop, Bexar, Guadalupe, Blanco, Gonzales, Wilson, and Medina Counties.

Call The Law Offices of David C. Hardaway today at (512) 846-9966 or contact us online to schedule a meeting with our assault attorney in San Marcos! Se habla español.

What Is Assault in Texas?

You probably already have an idea of what the word “assault” refers to when we are talking about violent crimes. However, Texas defines assault in very specific terms. The context in which the assault was committed, the victim of the assault, and whether a deadly weapon was involved will all impact how an assault is ultimately charged.

In Texas, an assault occurs in any of the following scenarios:

• Someone “intentionally, knowingly, or recklessly” causes physical harm or injury to another person
• Someone intentionally threatens another person with imminent physical harm or injury
• Someone engages in knowingly provocative or offensive physical contact with a person

An individual accused of assaulting someone else may face Class C misdemeanor charges if they only threaten physical harm or provocatively or offensively touch someone else. Even these seemingly minor charges can result in up to $500 in fines.

What are the Penalties for Assault in Texas?

A person charged with assault will automatically face Class A misdemeanor charges if they inflict physical harm. The penalties for a Class A misdemeanor conviction include up to a year in prison and up to $4,000 in fines.

Third-degree felony assault charges may be pursued when the individual is accused of assaulting (and physically harming) certain parties, including some types of government employees and emergency service personnel. If someone is a repeat domestic assault offender, they could also face these elevated charges if they commit a subsequent offense. Suffocating, strangling, or forcibly impeding the breath of a family member, significant other, or roommate can also lead to these charges. Penalties include up to 10 years in prison and up to $10,000 in fines. 

You should never assume you will only be dealing with misdemeanor charges, even if you are confident that you did not physically harm anyone. Prosecutors may attempt to strategically elevate your charges, which is why you need an experienced legal professional on your side. Our San Marcos assault attorneys can help you understand the charges you are facing and look to get inflated charges reduced or dropped. 

When Does Assault Become Aggravated in Texas?

Texas law distinguishes “simple assault” and “aggravated assault.” As its name would imply, aggravated assault is a more severe charge that carries harsher penalties.

An assault becomes “aggravated” in Texas if it causes serious bodily injury or involves using a deadly weapon. Under the Texas penal code, a severe bodily injury “creates a substantial risk of death or that causes death, serious permanent disfigurement, or rotracted loss or ipairment of the function of any bodily member or organ.” 

Self-Defense in Texas 

Sometimes, you may understandably feel using force – even deadly – is necessary to protect yourself, your property, and others. In Texas, the law does permit you to use violent force under certain circumstances. For example, it is lawful to use force that might otherwise constitute assault if you only use the level of force needed to sufficiently protect yourself or if you use force to stop someone else from committing an illegal, violent act. 

You also generally have the right to act in self-defense when in a private space like your home, especially when defending yourself, the space’s occupants, or your property is necessary. Successfully using self-defense as a defense against assault charges can be challenging, however, even when the scenario seems straightforward, you should not wait to get legal advice if you are charged with a criminal offense after an altercation.

Contact The Law Offices of David C. Hardaway today to start your defense with our aggravated assault lawyer in San Marcos!