San Marcos Assault Attorneys

Aggressive Defense Strategies for Aggressive Accusations in Hays County

If you or someone close to you was arrested in connection with a violent crime, like assault, it is crucial for you to 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. 

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

If you have been charged with any kind of violent crime, do not wait to speak to an attorney. Contact us online or call (512) 846-9966 to schedule a free initial consultation. 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.

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 draws a distinction between “simple assault” and “aggravated assault.” As its name would imply, aggravated assault is a more serious charge that carries harsher penalties.

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

Can I Act in Self-Defense in Texas?

Sometimes, you may understandably feel the use of force – even deadly force – 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 you are in a private space like your home, especially when it becomes necessary to defend yourself, the space’s occupants, or your property. Successfully using self-defense as a defense against assault charges can be challenging, however, even when the scenario seems straightforward, so you should not wait to get legal advice if you are charged with a criminal offense after an altercation.