Assault Cases
Accused of an assaultive offense in Houston? The Gagliardi Law Firm PLLC will fight for you.
Accused of Assault?
In the state of Texas, assaultive offenses may be classified as either a misdemeanor or a felony largely depending on the nature of the assault, and any injuries that may have been sustained by the target of the assault.
These are crimes involving violence which almost guarantees that you’ll be painted as a monster by the prosecution in court. Also, assault isn’t necessarily required to be a tangibly violent act as a prerequisite of drawing criminal charges.
Definition of Assault in Texas
Assault is an action that causes bodily injury, verbal threats of imminent assault, or an action in which physical contact is made, but known to not be welcomed. Assault can be charged if you physically attack/threaten to attack, or touch some one who doesn\’t want to be touched.
If you were accused of any form of assaultive offense in Texas, whether misdemeanor or felony, we may have a strategy that can keep you out of prison, if not beat the case entirely. Call us today, at 713-224-6277 if you have questions, or if you\’re ready to schedule an appointment.
Criminal Penalties for Assault
Aside from the obvious; dealing with an arrest, having to be processed in and out of jail, going through the trouble of posting a bail-bond, missing time from work, and having to appear in court, there are serious penal consequences that may apply if you\’re convicted.
Simple Assault, a Class A Misdemeanor, must be witnessed by a police officer prior to an arrest. Otherwise, the officer will need to obtain a warrant for your arrest, or issue a court date to proceed with criminal charges.
Felony Assault
Simple assault can be enhanced to a 3rd Degree Felony if you’ve assaulted a family member and have a previous conviction for family violence, you’ve assaulted a public servant and was aware of the fact that they were public servant, or if you assaulted a security guard while they were on duty.
Criminal Penalties for Felony Assault in Texas: If convicted in the court of law, criminal penalties for 3rd degree felony assault in the State of Texas include a potential prison term that ranges from 2 to 10 years in addition to a fine of up to $10,000.
Defending You
There are number of potential defenses which may prove vital improving your innocence and/or beating criminal charges related to assault in court. In a number of cases, these criminal charges are misapplied to cases in which self-defense can be easily proven is applicable.
In other cases, allegations of assault proved to be nothing more than frivolous claims. Even if the defendant is guilty as charged, the burden of proof is on the prosecution; meaning witnesses have to appear, get cross-examined, in addition to the examination evidence allowed in court.
Charged With Assault? Contact Us
The Gagliardi Law Firm, PLLC is on your side if you’ve been arrested in Houston and criminally charged with assault. Attorney Joseph Gagliardi has successfully defended hundreds of defendants in his service as a criminal lawyer in Houston, in his private practice, for over 14 years.
Simple assault cases can be difficult to prove. Witnesses almost never appear to testify in these cases leaving the prosecution in a bad situation when facing a criminal defense attorney like Joseph Gagliardi.
If you need to talk with an experienced criminal defense attorney about your assault case, make sure to contact us at 713-224-6277.