Aggravated Assault criminal Defense Lawyers, Frisco, Texas

Aggravated Assault in Collin, Denton & Surrounding Counties

In many cases involving Aggravated Assault there a variety of reasons that may explain or justify the offense.  Perhaps the individual was acting in self-defense. It’s possible that they were attempting to come to the aid of another individual being harmed which could justify the actions.  Regardless of the circumstances, an allegation of Aggravated Assault has been filed and is now a cloud over your head. A conviction of an Aggravated Assault can result in severe repercussions for the alleged offender. If you or a loved one finds themselves facing such criminal charges, do not dismiss the significance of the situation just because you consider and are confident that you are innocent or have some reason to justify your actions.  In many cases, especially in Collin and Denton Counties, you will likely face a lot of pressure from the prosecution to enter a plea of guilty, so you need an experienced Criminal Defense Attorney who will fight the Aggravated Assault Charges against you in order to preserve your rights and keep you free.

Ridgely Davis Law criminal defense lawyers in Collin and Denton County have been defending clients just like you, an otherwise law-abiding citizen or was at the wrong place at the wrong time, for more than two decades now.

AGGRAVATED ASSAULT AND WHAT IT MEANS IN ACCORDANCE WITH THE LAW IN TEXAS

A person is guilty of the more serious crime of aggravated assault if, in addition to committing simple assault, they: (1) cause serious bodily injury to another person, including a spouse; or (2) use or exhibit a deadly weapon while committing the assault. This provision can be found in the Texas Penal Code section 22.02.

SERIOUS BODILY INJURY

In order for the prosecution in Denton or Collin County to succeed in their case of Aggravated Assault, it must be shown that significant harm happened to the victim’s body as this is a necessary component of one type of aggravated assault. In the context of simple assault, the term “bodily injury” can refer to abrasions or scratches; however, in the context of serious bodily injury, the term refers to an injury that is significant enough to cause death, serious permanent disfigurement, or prolonged loss or impairment of the function of any body part. (Tex. Penal Code Ann. Section 1.07).

Case-by-case evaluation is the standard method for deciding whether or not an injury meets the legislative criteria for being considered “severe.” When a decision like this is taken, it is done so without taking into account the results of any medical treatment. That implies that the fact that victim was able to be saved by medical care is not something that is taken into consideration. The severity of the bodily harm sustained prior to receiving treatment will be evaluated to determine whether or not it was sufficient to result in death. If this is the case, the bodily harm can be considered substantial, and the charge might be upgraded from simple assault to one of aggravated assault instead.

It is also a question of degree in order to determine whether or not a person has sustained substantial permanent deformity and extended loss or impairment of the function of any body component. In most cases, a little scar, despite the fact that it is permanent, does not qualify as a significant physical harm; nevertheless, this does depend on the degree of deformity.

Facing an Aggravated Assault investigation or Criminal Prosecution in Denton, Collin, or surrounding Texas Counties?  The trusted and experienced Aggravated Assault Criminal Defense Lawyers at Ridgely Davis Law are ready to help.

DEADLY WEAPON

If a person commits an attack on another while brandishing or displaying a lethal weapon in Texas, they can be charged with aggravated assault even if they do not cause significant physical damage to the victim of the assault. In point of fact, you might be charged with aggravated assault even if all you do is brandish a lethal weapon in the other person’s direction without ever touching them at any point.

However, having a lethal weapon in your possession during an assault is not the same thing as brandishing or displaying a lethal weapon in any way. The use of the weapon or the way in which it was displayed, which facilitated the assault, will be taken into consideration when making the decision. If the weapon did not play any part in the incident, then the requirement of using or displaying a lethal weapon cannot be considered met.

People frequently wonder what is meant by the term “deadly weapon.” In a nutshell, it could be just about anything if it was meant to cause significant physical damage or if it has the potential to be used in such a way.

When determining whether or not something other than a handgun has the potential to cause death or serious bodily harm in the state of Texas, a variety of variables are taken into consideration.

How exactly did one make use of the ‘weapon’?

• How close were the victim and the item in terms of their physical closeness to one another?
• Have there been any threats or other kinds of words used by the defendant?
• What are the elements that make up the “weapon” in its physical form?
• Was the so-called “weapon” capable of causing death or serious injury in actuality? This may seem like an obvious point, but keep in mind that you can still be charged with aggravated assault even if you don’t do the victim any physical injury as long as you display the weapon.
  The question of whether or not anything constitutes a lethal weapon must be answered on an individual basis. Both expert expertise and testimony from ordinary people can be used to assist support a claim about whether or not something is a lethal weapon. In many cases, the ultimate decision is made by the jury.

AGGRAVATED ASSAULT DEFENSE

In the state of Texas, if you are facing charges of aggravated assault, you need a strong defense. A claim of self-defense, protection of another person, or defense of property is the defense that has the best chance of being successful. According to section 9.31 of the Texas Penal Code, the act of defending oneself is acceptable reason for aggravated assault.

In circumstances of serious attack, self-defense is permissible when the person or actor reasonably felt that they were in danger.

AGGRAVATED ASSAULT CLASSIFICATION AS A FELONY

Even in the absence of aggravating circumstances, the crime of aggravated assault is considered a felony of the second degree. It is elevated to the level of a crime of the first degree when:

• If the individual employs a lethal weapon and causes significant physical injury to another person who is a member of the family or home, or another current or previous intimate person, then the attack is considered a domestic assault.
• The alleged aggravating attack was committed against a peace officer or other public worker who was performing their job duties at the time of the incident.
• In an act of retribution against a witness or informant.
• A person in a motor vehicle shoots in a careless and reckless manner at a dwelling, building, or another motor vehicle, causing the occupant of the target to sustain significant physical injuries.

The penalties and repercussions for aggravated assault are as follows:

A conviction can result in severe punishments, on top of which may be added a lifetime’s worth of collateral repercussions.

You might expect to spend two to twenty years in jail and pay a fine that does not go over $10,000 if you are found guilty of aggravated assault, which is a felony of the second degree. If you are found guilty of aggravated assault in the first degree, you face a possible sentence of between five and 99 years in prison as well as a fine that cannot be more than $10,000. There is a wide variety of possible sentences, and one factor that will go into determining which one you get is whether or not you have any past convictions for misdemeanors or felonies.

In many situations involving assault, convicted individuals are mandated to make reparation payments to the victim. Restitution is a payment made to the victim to help cover the costs of medical care, counseling, or property damage repairs that the victim may have incurred as a result of the offender’s actions.

However, what a great number of offenders fail to consider are the effects that will continue after they are released from jail. Certain fundamental rights, such as voting and gun ownership, are revoked from a person who has previously been convicted of a crime. A person who has been released from prison will have a difficult time finding decent job or accommodation. A person who has been released from prison can continue their life as they were before their conviction, but if they do not have the support of their family or any means of financial assistance, they are in for a rough road ahead. It is impossible to place enough emphasis on the need of hiring a criminal defense attorney who has vast experience in dealing with Assault and Domestic Violence Allegations such as Aggravated Assault.  The Criminal Defense Attorneys at Ridgely Davis Law devote themselves to the defense of their clients and they possess the resources and the insight necessary to prepare a defense that is strategic, intelligent, and aggressive.  Put it simply, the Aggravated Assault Attorneys at Ridgely Davis Law are the kind of criminal defense lawyer you need to protect your future.