We Can Help You Avoid An Assault Charge Conviction

Don’t try to fight serious assault charges on your own. Team up with an experienced Fort Worth assault and battery attorney who can help you avoid a conviction.

Any criminal charges on your record can affect your future, but violent offenses are usually far worse than others. The charge alone is humiliating and could lead to you losing your job, especially if you have to spend time in jail following an arrest. It only goes downhill from there.

If convicted of a violent offense, you could have trouble securing decent employment, you could lose certain rights, and you could suffer some serious penalties. The penalties for assault and battery vary but often include prison time, hefty fines, and community supervision.

Don’t risk your future by trying to fight assault charges on your own. Contact a assault defense attorney from our law firm today. We will work hard to develop a solid defense against your assault charge. We are experienced criminal defense lawyers, and working with us will give you a strong chance of a positive outcome for your case.

Defining Assault in Fort Worth & Tarrant County 

In Texas, you can be charged with assault when you do any of the following:

• Intentionally or knowingly threaten physical bodily harm
• Actually cause bodily harm to someone
• Intentionally cause physical contact with someone when you know that person will be offended by the contact or find the contact provocative

Whether you will be charged with a misdemeanor or felony will depend on the situation. This is because there are different degrees of seriousness of the offense, depending on the circumstances of your case:

• Example One – If you intentionally or knowingly impede another person’s breathing by applying pressure to the person’s throat, restricting the airway (choking), you can be charged with a second-degree felony.
• Example Two – You can be charged with a third-degree felony if you assault a public servant while the person is engaged in his or her official duties.

Also keep in mind that aggravated assault is a higher degree of assault and is charged as a felony. An assault becomes aggravated when it results in serious injury or when a weapon is used while committing it.

Types of Assault Charges 

Some types of violent crimes are defined below:

• Assault Charges – Knowingly, intentionally causing another person physical bodily harm, threatening physical bodily harm, or touching someone in a manner he or she finds inappropriate or provocative
• Sexual Assault – Knowingly, intentionally engaging in sexual conduct with another person without his or her consent
• Aggravated Assault – Knowingly, intentionally causing another person physical bodily harm, threatening another person with physical bodily harm, or using a deadly weapon in the commission of the offense
• Kidnapping – Intentionally, knowingly abducting another person against his or her will
• Family Violence – Often referred to as domestic violence. Intent to cause bodily harm to a member for your family.

Understanding the Difference Between Felony and Misdemeanor Assault in Texas

Felony and misdemeanor assault differ depending on the harm caused or the circumstances of the offense.  A misdemeanor is often due to minor injuries or threats, while a felony is due to serious harm or the use of a weapon.

What is Misdemeanor Assault in Texas?

Examples of misdemeanor assault charges : shoving or spitting, causing minor bodily injury to another person, threatening someone with imminent harm without causing physical injury, engaging in a verbal or physical altercation that causes fear of harm, reckless actions resulting in minor injuries, and intentionally interfering with someone’s ability to feel safe or secure through non-physical actions.

Here are the key factors of a misdemeanor assault charge:

• Causing Minor Bodily Injury: Intentionally, knowingly, or recklessly caused  physical harm without serious injury.
• Threatening Harm: Threatening someone verbal or through actions with imminent bodily harm, regardless if no physical contact occurred.
• Physical Contact: physical contact was made (shoving or spitting).

Misdemeanor assault classification, fines and penalties are as follows:

• Class A Misdemeanor: Up to 1 year in jail, up to $4,000 in fines
• Class B Misdemeanor: Up to 180 days in jail, up to $2,000 in fines
• Class C Misdemeanor: Up to $500 in fines.

Misdemeanor assault is often charged when the harm was minimal and the assault did not involve aggravating factors such as the use of a weapon or harm to a protected class of individuals.

What is Felony Assault in Texas?

Felony assault charges in Texas are very severe compared to misdemeanor charges. Examples of Felony assault charges are as follows: Aggravated sexual assault, aggravated assault with a weapon, drive-by shootings, reckless child abuse,  family violence, family violence involving choking, assault on a police officer, child abandonment.

These types of charges are often due to significant harm caused. The penalties are severe, which includes lengthy prison sentences and steep fines. Here are some of the factors that lead to felony assault:

• Serious Bodily Injury: Harm was intentionally caused, which posed substantial risk of death, disfigurement, or impairment.
• Use of a Weapon: A firearm, knife, or object was used as a deadly weapon.
• Assault on a Protected Class: Intentionally assaulting certain individuals (public servants, law enforcement officers, or family members under domestic violence laws).

Felony assault classification, fines and penalties are as follows:

• First Degree Felony: 5 years to life in state prison, up to $10,000 in fines.
• Second Degree Felony: 2 to 20 years in state prison, up to $10,000 in fines.
• Third Degree Felony: 2 to 10 years in state prison, up to $10,000 in fines.

Felony assault charges include a loss of your rights, difficulty finding employment, and much more.

Avoiding An Assault Charge Conviction

In Fort Worth, the defenses against assault and battery charges are as varied as the types of assault themselves. There are many ways your attorney can defend you against conviction. A few defenses are outlined below:

Self-Defense 

This is a common defense in Fort Worth assault and battery cases, but there must be several elements present for this defense to work:

• There must be a threat of unlawful harm or force against you.
• You must be able to prove you had reasonable fear that a person intended to harm you.
• You must not have provoked a person to harm you.
• There must have been no other reasonable way you could have escaped the situation.

Consent Was Given

In many instances, a person can use this defense when he or she was given consent to engage in a certain act. If you were given consent, you can’t then be charged with assault and battery for that act. You can be charged if your actions went beyond the given consent.

Your attorney can help you determine whether this defense might work for your case.

Defense of Others

This defense is very similar to self-defense. The same elements must be in play: threat of harm, perceived fear of harm, no provocation, and no way to escape. Still, you can use this defense to justify a charge of assault.

Defense of Property

You are within your rights to use a reasonable amount of force to defend your property if someone, such as a pickpocket or purse-snatcher, is attempting to take it. You are also allowed under Texas law to defend your home from an invasion. This defense can be tricky in certain situations, however.

For example, if someone borrowed your shirt and you want it back, you aren’t allowed to go to his or her house and attack him or her in an effort to retrieve it. An attorney can help you work out the specifics of this defense and whether it will apply to your circumstances.

Cal For A Free Consultation Now

The circumstances that led to your assault charge are likely unique. Don’t allow just any lawyer to defend you as though you were just another case. You need an experienced defense attorney who is well-versed in Texas assault laws and who can develop a unique defense strategy based on you and your unique case.

Contact a defense lawyer with the Law Offices of Jeff C. Kennedy today. We will start building an aggressive defense strategy to minimize or altogether keep you from the penalties associated with an assault conviction. Call us at 817-605-1010 or fill out the contact form below to schedule a free consultation.