By Jeff Kennedy
Assault & Battery Charges In Fort Worth, TX
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-Related Charges
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.
Penalties for an Assault-Related Conviction in Texas
The penalties for all assault-related charges in Fort Worth will depend on the unique circumstances of each case. That’s why it’s always best to talk with an attorney to gain a better understanding of the charges and penalties you’re facing.
The following is a list of penalties you could be facing based on the class and degree of misdemeanor or felony assault charge against you:
| DWI Defense Attorney | Maximum Penalties |
| First DWI
Class B misdemeanor |
Up to 180 days in jail and a $2,000 fine, one Year license suspension anda three-year annual license retention fee of up to $2,000 |
| Second DWI
Class A misdemeanor |
Up to one year in jail and a $4,000 fine, one year in jail , two-year license suspensionand a three-year annual license retention fee of up to $2,000. |
| Third or subsequent DWI
State jail felony |
Between two and ten years in prison, a two-year license suspension
and a three-year annual license retention fee of up to $2,000. |
Defenses Against a Fort Worth Assault Conviction
In Fort Worth, the defenses against assault and battery charges are as varied as the cases 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
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.
Call Our Fort Worth Assault Lawyer Now
You are unique, and so are the circumstances that led to your assault charge. 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 Fort Worth assault 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.
