DFW Metroplex Criminal Defense
The state of Texas has two main classes of assault charges: misdemeanors and felonies. Each encompasses its severity level, injuries, and consequences, but they essentially fall under the same basic rules of conduct - intentionally touching or hurting another individual. No matter which type of assault you face, you need the help of a seasoned Defense Attorney.
Misdemeanors
To convict someone of a misdemeanor assault, the prosecution must demonstrate that the accused knowingly and deliberately caused bodily harm to the victim. Under Texas Law, bodily harm is loosely defined as "pain." This means the prosecution only has to prove pain was inflicted; they do not have to demonstrate that blood was drawn or bones were broken. Misdemeanor assault charges can include actions like:
- Pushes
- Hair-pulling
- Slaps
- Scratching
- Kicking
- Punches
Despite the seeming insignificance of these actions, they carry severe consequences if convicted. Individuals guilty of a "Class A" misdemeanor assault can face up to $4,000 in fines and/or up to one year in county jail. Furthermore, entering a plea of guilty or being found guilty of family violence will result in any future family violence allegations being enhanced to a felony offense.
Felony or Aggravated Assault Charges
To increase from a misdemeanor to a felony, the assault must involve either a more severe injury or the use of a deadly weapon. An individual can be charged with aggravated assault if, for instance, they punch another person with brass knuckles.
Anything that can cause serious bodily injury is considered a "deadly weapon." These include but are not limited to:
- Guns
- Knives
- Brass knuckles
- Baseball bat
- Hammers
- Motor vehicles
- Hands
An aggravated assault charge can occur even if the individual only brandished the weapon. Either way, a conviction results in up to 20 years in state prison and up to $10,000 in fines. An aggravated assault conviction can also revoke certain civil rights, like voting, sitting on a jury, or carrying a firearm.
Assault Representation across DFW
No matter the situation, seeking the advice and assistance of an experienced attorney is vital. The Jones & Miyazono Attorneys and Counselors at Law, L.L.P will partner to create a strong case and procure the best possible outcome for your unique situation. We will tirelessly protect your rights and investigate every possible avenue for success.
Call today for your initial consultation. We help clients throughout the DFW Metroplex.