Understanding the categories of assault in texas

A domestic violence, assault charge in Denton, Collin, Dallas, and surrounding Texas Counties are regarded very harshly since it involves violence or a threat of harm. If a weapon, serious physical injury, or strangling is involved, an assault case might be filed as either a misdemeanor or a felony, depending upon the allegations.

If a police officer sees someone striking or attempting to hurt another person, they can instantly make an arrest and file an assault charge against them.

However, assault charges can be filed only after the accuser files a police report if the incident was not witnessed by the authorities.

Contrary to popular belief, it doesn’t have to be a physical attack to be considered an assault.  Even if no violence was committed, a police officer can arrest someone for assault if he or she threatens violence and incites fear in the victim.

Simple assault, assault with injury, and aggravated assault are all types of assault.

Contact the experienced Collin | Denton Domestic Violence Lawyers | Assault Lawyers at Ridgely Davis Law in Frisco, Texas to learn how we can help you protect your record.

What Exactly Is Simple Assault?

In a simple assault, the victim does not receive any observable bodily harm, but is either threatened or offended by the physical contact.  This time of assault is normally charged as a Class C misdemeanor with a fine of up to $500 that can imposed for a conviction of Simple Assault, however, there isn’t any jail time.  Simple assaults, while they don’t carry a stiff penalty, they should still be taken very seriously as the can impact family law proceedings, open a CPS investigation, result in protective order applications, or ultimately lead to enhancements if future charges are obtained.

Aggravated Assault: What Is It?

Severe bodily injury or assault with the threat of a lethal weapon, such as a knife or firearm, is an Aggravated Assault.

If convicted of Aggravated Assault, a sentence of 2-20 years or even life in prison might be imposed.

Assault Misdemeanor and Family Violence

A class A misdemeanor Family Violence (Domestic Violence) charge is defined as an assault involving bodily harm. Up to a year in prison and a $4,000 fine are possible punishments for this crime.

Domestic violence assault is normally a class A misdemeanor if it is the first charge.  Among other things, it entails a maximum sentence of one year in prison and a fine of up to $4,000. If you are charged with a class A Misdemeanor or Felony Assault especially one involving a family member, then you must take these charges extremely seriously and fight to win at trial or seek a dismissal.  If facing a charge like this, you should be aware of the following if found guilty:

It is impossible for you to own a gun or even ammo. If you do so, you could face further prosecution.

A second charge of domestic abuse is a felony punishable by up to ten years in prison.  The ability to enhance a family violence charge if it is a 2nd offense is the reason why prosecutors are rarely willing to dismiss these cases and must normally be fought in trial to obtain an acquittal.

It is impossible to seal your record if you are placed on probation.

In some situations, a domestic violence attack can be upgraded to a felony. A third-degree domestic violence charge may be added to your record if the accuser claims that you suffocated or strangled her or him during the course of the assault, or if you were previously arrested for domestic violence.

Beating the Assault Charge

Your only way out of this situation is to demonstrate that you are not guilty or to defend your actions. To put it another way, you have to fight against the allegation and use all potential defenses.  In point of fact, this is the only method for you to avoid receiving any form of short-term or long-term penalty.

Attorney Defending Clients Against Assault Charges in Houston

The specifics of each instance determine whether an assault is considered a misdemeanor or a felony offense. Assault can be committed in a variety of ways, all of which can result in criminal charges. When the alleged victim of an assault accusation is a public official or an elderly person, the charges and potential punishments will be increased accordingly. If you are found guilty of certain offences, you might face a jail sentence of up to twenty years.  During the process of sentencing, the courts obviously place a significant amount of weight on the degree of injury that was inflicted on the complainant. For instance, an assault by threat can only be considered a misdemeanor, but an aggravated assault might result in a conviction for a crime of the second degree.

The Frisco, TX Domestic Violence Lawyers | criminal defense attorneys at Ridgely Davis Law serving Collin, Denton and Surrounding Counties are committed to providing their clients with the most aggressive defense available against any form of assault case due to the severe nature of the allegations that have been leveled against them. Get in touch with us as soon as possible so we can start working on your assault defense in Collin, Denton and surrounding North Texas Counties.

The experienced Assault Family Violence Defense Lawyers at Ridgely Davis Law successfully navigated clients through these devastating charges and protected their name and future.

The Severity of A Domestic Violence Charge

According to the laws of the state of Texas, being accused of domestic violence is a severe crime that should not be taken lightly. It is possible that an individual might be prosecuted with this charge based on little evidence other than the complaint of a victim that is usually the spouse, and this has significant ramifications in the event that they are found guilty of even a misdemeanor offense. A conviction for domestic abuse may result in severe penalties, including monetary fines, jail time, the loss of some privileges, or intensive probationary supervision. Additionally, if another domestic violence charge is acquired in the future, the new domestic violence misdemeanor charge can be elevated to a felony charge. This exemplifies the state’s clear and evident goal of decreasing repeat offenses.

In the event that you are accused of domestic violence in the state of Texas, it is vital that you obtain legal representation as soon as possible. This will ensure that your case is handled properly and that you put up a vigorous defense in the courts. Get in touch with the Domestic Violence Defense Attorneys at Ridgley Davis Law in Frisco, Texas right now at this number: (469) 935-4600.

DOMESTIC VIOLENCE LAWS IN TEXAS

According to the laws of the state of Texas, “family violence” is defined as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.” Defensive actions taken to protect oneself are not included in this definition.

An arrest for domestic violence and abuse may not always be justifiable, even though the circumstances that led to the arrest are similar. A skilled attorney will be able to analyze the particulars of your case to determine whether or not all parties, including the accused, who is presumed to be innocent until proven guilty, were treated in a fair manner.

A VIOLENT ATTACK ON A FAMILY MEMBER IN TEXAS

An individual is guilty of domestic violence if they conduct any of the following acts against a member of their family, a member of their household, or a current or previous partner in a romantic relationship:

• knowingly, intentionally, or recklessly causing bodily injury to another person;
• intentionally or knowingly threatening another person with imminent bodily injury;
• or intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive (Texas Penal Code Ann. 22.01.) are all examples of acts that are considered to be intentional assaults under the Texas Penal Code.

AGGRAVATED HOMICIDE ATTACK IN THE STATE OF TEXAS

The accusation of Aggravated Domestic Assault is a more serious and serious relative of the charge of domestic assault. Both charges are related to one another. It is a more serious allegation since it deals with incidents that resulted to “serious” bodily injury being sustained by an intimate partner, family member, or member of the household. Additionally, it pertains to incidents in which a lethal weapon was employed or shown. If a person meets any of the following criteria, they will be charged with aggravated domestic assault:

• knowingly, intentionally, or recklessly causes serious bodily injury to another person;
• uses or exhibits a deadly weapon in the course of committing any assault crime, including threatening another person with bodily injury or engaging in conduct that the victim likely will find offensive (Texas Penal Code Ann. 22.02);

TEXAS HAS AN ONGOING PROBLEM WITH VIOLENCE DIRECTED AT FAMILIES

If an individual is accused of committing two attacks on a family member or household member during a period of one year, they will be charged with “continuous aggression against family.” There was no requirement for either an arrest or a conviction to have followed any of these two attacks. Because of this, a person who has never been convicted of domestic violence can still be charged with a crime under the CVAF statute as long as there were two previous occurrences that featured domestic violence (regardless of conviction or arrest). This might include instances that concluded with a police visit but no arrests being made, as well as situations that concluded with a deferred adjudication.

PENALTIES FOR DOMESTIC VIOLENCE IN TEXAS

The following are some of the punishments that can be given for convictions of domestic violence:

• Class A misdemeanor: up to one year in jail, or a fine up to $4,000, or both
• Third-degree felony: from two to ten years in prison, and a fine up to $10,000
• Second-degree felony: with a sentence of between two and twenty years in jail and a fine of up to ten thousand dollars.
• 1st-degree felony: carries a sentence of between five and ninety-nine years in jail and a fine of up to ten thousand dollars

A person who is guilty of assault may be required to pay restitution to the victim for any costs the victim incurred as a direct result of the attack, such as those associated with medical treatment and psychological therapy. This concept is referred to as reparation. It is essential to keep in mind that the circumstances of the case will determine the type of sentence that is given, and that more serious violations can result in sentences that are both longer and harsher in nature.

OPTIONS OTHER THAN TIME SPENT IN JAIL

Deferred adjudication and community supervision are two of the alternatives to jail time that are available to someone charged with a crime in the state of Texas.

DEFERRED ADJUDICATION

Under the terms of a deferred adjudication, the court will delay the imposition of sentence provided that the defendant honorably complies with all of the conditions that have been set down by the court. This might include making reparation payments, successfully completing one’s probation without incidents or new arrests, successfully completing therapy for domestic violence offenders, or participating in community service. Only first-time offenders of domestic violence are eligible for deferred adjudication; individuals accused with aggravated domestic assault are not eligible for this option because it is reserved solely for first-time offenders. If the defendant is able to fulfill all of the court’s criteria in a timely and effective manner, the case against them may be dropped, and they may be released. In the event that the court’s conditions are not met, the judge will proceed with carrying out the punishment and the conviction.

COMMUNITY SUPERVISION

Those who have been convicted may be eligible for community supervision or probation as an alternative to serving time in jail. Before starting community supervision, the offender could have to serve some time in jail first; for misdemeanors, this might be for 30 days, and for felonies, it could be for 180 days. Once the term of supervised probation has begun, it is possible that it will run for up to two years in the case of a misdemeanor and up to ten years in the case of a felony.

MAKE CONTACT WITH A LAWYER WHO focus on family violence CRIMINAL DEFENSE

A strong and effective legal counsel carries both an inherent and an indispensable value. Contact Ridgely Davis Law in Frisco, Texas as soon as possible if you have been accused of domestic abuse in Texas.

The experienced Assault Family Violence Defense Lawyers at Ridgely Davis Law successfully navigated clients through these devastating charges and protected their name and future.