A person being charged with an offense that is criminally charged in Texas is one of the most challenging experiences anyone can endure the fact is that few charges carry greater weight than aggravated assault in Texas. If you or someone else you know has been facing charges (or is under investigation) in any way), knowing the laws governing the assault of weapons in Texas is a most important step to ensure the future of your loved ones. This article provides the specifics of what this crime is and what the distinction between it and a normal offense, as well as the punishments likely, and the defense strategies that an experienced lawyer can employ to defend the accused.
What Is Aggravated Assault in Texas?
Based on Texas Penal Code Chapter 22 An assault that is considered to be acuted one is an offence that requires the an use of a deadly weapon or causing severe bodily injury to the victim. Although a normal assault can range from one small risk or an altercation with a victim, aggravated assault represents an increase in intensity and will be handled in authorities in the Texas justice system more seriously.
The charge may be upgraded from straightforward assault, to the level of aggravated, when prosecutor can demonstrate that the event caused physical harm that is an injury that is permanent and substantial and an unsafe weapon was used to commit a act of crime. An “deadly weapon” in Texas is broadly defined it could refer to guns, knives, cars as well as hands and feet that have been utilized in a manner that may result in fatal injury or even death.
How Is Aggravated Assault Charged?
The seriousness of the assault will depend on the specific situation surrounding an incident. In Texas the majority of cases are deemed to be a third-degree crime as well as a 3rd-degree criminal or a second-degree crime However, in some circumstances the case could be one of the crimes of first degree.
Third-degree criminal offense
It’s the usual amount for most cases of assault that is aggravated. This is generally the situation when severe physical injuries are resulted from the actions of another or the use of an instrument that could be extremely deadly, yet without the intention of inflicting the most quantity of harm.
Second Degree Felony
The offense is thought to be more grave when it is a result of sexual misconduct is committed against a public figure or due to the participation of the victim in legal matters, such as or witness harassment.
First-Degree felony
In the event of circumstances that are extremely, like situations, for instance, an assault that has been aggravated by the child in question or correctional officer, or when an attack occurs in the context of an event which involves gangs, it’s feasible for the crime to escalate to the level of first-degree felony.
Understanding exactly how your particular case falls into the spectrum of possibilities is essential as the consequences could be very different.
Penalties for Aggravated Assault in Texas
The penalties associated with convictions for aggravated for the offense of aggravated assault in Texas could be devastating and serious. overcoming stress is the consequence of every category of criminal:
Third Grade Felony Penalties
A conviction can cause two or 10 years in the prison system of the state, with punishments that can reach 10,000 dollars. Criminal convictions of this magnitude may affect the hiring process or housing arrangements or custody arrangements as well as the licensure of professional workers over the long term.
Second-degree Criminal Penalties
When the offense is classified as an offense of second degree The sentence can be up to five or 20 years, with fines that can be more than 10,000 dollars. Long-term consequences of the offense, such as difficulties in finding work are revealed.
First-degree Felony Penalties
If you are convicted of First-degree felonies has the most severe possible result, which includes five or more years in the state prison and fines that can reach as high as 10,000. This is when any impact to all areas of one’s life becomes almost always forever.
Over and above the sentence in jail and fines of a felony crime in Texas can revoke your rights to vote, use guns, have certain professional permits or affect the immigration status to those who do not have the legal status of U.S. citizen.
Common Defenses Against Aggravated Assault Charges
The fact that you are charged is not a guarantee the possibility of being found guilty. A competent defense lawyer will analyze all aspects of the incident in order to identify the most effective method to pursue. The most commonly used defenses include:
- Self-Defense or Self-Defense, or Defense of Others: Texas law, including the well-known Castle Doctrine and Stand Your Ground law, gives people the ability to use force — including deadly force, when they feel they are safeguarding themselves and others from danger. It is one of the most frequently discussed questions and, if appropriately defended, is one of the most effective options for defense.
- The lack of intention: The definition of assault rests on the level of intention. If the prosecution isn’t able to show that the defendant purposely caused grave injuries or used an instrument that may be harmful or cause harm, the case may not appear before an adjudicator. Unintentional and accidental injuries are treated as distinct by the law.
- The challenge to evidence Defense lawyers often review evidence from the prosecution, including the police report, witness declaring medical records, surveillance footage, and other evidence to identify contradictions, mistakes of the procedure, or holes which could lead to plausible doubt.
- Mutual Combat In the event that both sides agree to engage in an actual fight, it is legal, the circumstances of the fight change drastically. Although this won’t mean you are free from all responsibility but it can significantly alter the manner in which courts look at the event.
- Provocation While provocation might not constitute a valid legal defense in Texas but evidence proving that the defendant’s intent to provoke might be helpful when arguing the case or during plea negotiation.
Why You Need to Act Quickly
The most frequent error made by people after they have been accused of assault is waiting too long to seek legal advice. There is the risk of losing witnesses, evidence and other evidence. They are usually difficult to locate while the prosecution makes its arguments from the moment charges are filed. If you are able to get an experienced attorney to defend you to defend your rights, you’ll be able to protect those rights for your children members and your future.
Why Choose Experienced Criminal Lawyers Houston for Your Case?
If you’re faced with serious charges of assault anywhere in the Houston metropolitan area there is a chance that the stakes can’t get any more serious. The justice system for criminals in Houston may be a swift one, and the consequences of being convicted are with you throughout your life. Criminal Lawyers Houston with years of experience who work in Houston are knowledgeable about the court system in Houston Judges, the current trends in prosecutorial trends, which translate to better outcomes for the benefit the clients they represent. If the case you are facing is an easy case of self-defense or a complex set of cases, having a seasoned legal team is having someone that can negotiate the legal procedure to your benefit. You shouldn’t have to go through this all on your own.
Conclusion
The crime of committing assault with the intent to commit is one of the most serious crimes a criminal might face in Texas and could result in punishments that endure for years in prison with irreparable harm to your professional and your personal existence. But, it’s not always a case of conviction. Becoming familiar of the laws and punishments to be considered along with working with an experienced defense lawyer to build a solid defense is one of the most important actions to be taken now. If someone is facing this situation, reach out to an expert Texas lawyer to defend yourself today – your future could be in danger.