Aggravated Assault

San Marcos Aggravated Assault Attorney

Your Trusted Aggravated Assault Attorney in Hays County

Navigating through the complexities of criminal law is no easy task, especially when dealing with severe charges such as aggravated assault. If you or a loved one is facing such a situation, having a skilled and experienced attorney is vital. At the Law Offices of David C. Hardaway, we understand the gravity of these charges and are committed to providing the best legal representation possible.


Understanding Aggravated Assault in Texas

In Texas, an assault becomes "aggravated" if it involves serious bodily injury or the use of a deadly weapon. The law defines serious bodily injury as any harm that creates a substantial risk of death, causes death, leads to serious permanent disfigurement, or results in prolonged loss or impairment of any bodily organ or member. Aggravated assault is a grave offense, typically classified as a second-degree felony. The penalties for this crime can range from probation to a maximum incarceration period of 20 years. Charges are often brought against individuals in cases where someone is threatened with a deadly weapon, there has been a shooting or stabbing, or significant bodily harm has been inflicted.


Distinguishing Between Simple and Aggravated Assault

While the terms ‘simple assault’ and ‘aggravated assault’ might sound similar, they carry different legal consequences. Simple assault typically involves causing bodily injury to another person or threatening them with imminent harm, while aggravated assault involves the use or threat of a deadly weapon, leading to potentially more severe penalties.

When facing aggravated assault charges, securing representation from a skilled attorney is crucial. David Hardaway's expertise lies in identifying potential defenses, such as self-defense, necessity, or defense of a third person. He also challenges other aspects of the State’s case, like the absence of reliable eyewitnesses or inaccuracies in eyewitness identification.


The Consequences of an Aggravated Assault Conviction

The repercussions of an aggravated assault conviction in San Marcos are severe and can drastically change a person's life. One of the most immediate consequences is imprisonment. Aggravated assault is considered a First-Degree Felony in Texas, which means upon conviction, a judge must sentence the accused to at least five years in prison, possibly up to 99 years. This lengthy incarceration period can lead to significant personal and professional setbacks. In addition to prison time, substantial fines may be imposed, which can burden those convicted and their family, causing immense financial hardship.

A conviction will result in a permanent criminal record, which could be accessible in background checks, potentially limiting future employment prospects. Many employers are hesitant to hire individuals with a serious felony conviction, which can lead to long-term unemployment or underemployment.

A criminal record can also negatively impact personal relationships. The stigma attached to a felony conviction can strain family ties and friendships, leading to social isolation. Moreover, after serving the sentence, many individuals are shocked to find that their troubles don't end upon release. They may face challenges in securing housing, as landlords often conduct background checks. Voting rights and the right to own firearms may also be affected.

Certain types of aggravated assault, such as those involving household and family members or protected individuals like public servants, could be classified as a third-degree felony. This classification could affect the severity of the penalties and eligibility for probation or parole. Given the potential consequences, it is crucial to seek experienced legal representation when facing charges of aggravated assault. An attorney can provide guidance, build a strong defense, and work to achieve the best possible outcome in the case.


What to Do If Accused of Aggravated Assault

If you're accused of aggravated assault in San Marcos,  your first step should be to secure the services of an experienced attorney. Next, it’s critical to refrain from making any statements to law enforcement without your attorney present, as anything you say can potentially be used against you in court proceedings.

An aggravated assault attorney is knowledgeable and confident. Your attorney is responsible for your defense. Building a case requires investigation skills,  a thorough case review, challenging the prosecution’s evidence, negotiating plea deals, and representing you in court. With his extensive experience and legal acumen, Attorney Hardaway can help you navigate these complex legal proceedings with confidence.

Trust the Law Offices of David C. Hardaway to guide you through this challenging time. Our team is committed to providing the best possible defense for our clients while ensuring their rights are protected every step of the way. 

Contact our San Marcos aggravated assault attorney today at (512) 846-9966 to schedule a consultation.