Assault Defense Attorneys in Corpus Christi & Dallas, Texas 

Assault charges are serious business. They can have significant legal implications for charged individuals. So, getting the right legal defense can mean the difference between a fair defense and facing unjustified sentencing. At the Torres Law Firm, we proudly serve the Corpus Christi, Texas community. We also offer our legal experience to Dallas and Fort Worth residents, so if you need a strong advocate on your side, reach out today. 

Defining Assault in Texas 

Assault refers to causing bodily harm to one or more individuals. However, a broader definition of assault refers to the threat of causing harm. As a result, even when no action is taken, threatening someone can lead to assault charges. 

Domestic violence is a clear example of the situation described above. For instance, physically harming a household member during an altercation can lead to assault charges. Furthermore, issuing verbal threats without actually inflicting harm may also constitute assault charges. According to statistics, 40.1% of women and 34.9% of men in Texas suffer physical violence from a domestic partner. 

Types of Assault in Texas 

There are two main types of assault in Texas, and each type has varying consequences depending on the severity of the charge. 

Simple Assault 

A simple assault charge refers to physical harm or threat of physical harm. These charges often stem from altercations in which one individual uses physical force to inflict damage on another.  

For instance, two individuals drinking at a bar get into a fistfight. One individual causes the other injuries warranting medical attention. Consequently, the affected party files assault charges against the aggressor. 

Similarly, two individuals are involved in a traffic accident. One of the parties threatens the other with harm if they do not fix their car. The affected party files assault charges against the aggressor.  

These examples may constitute misdemeanor charges. Depending on the defendant’s criminal history, they may be sentenced to probation and pay a https://thetorresattorneys.com/practice-areas/criminal-defense fine. 

Aggravated Assault 

Aggravated assault refers to causing serious bodily harm to another person. While the definition of simple assault and aggravated assault are similar, the difference lies in two key areas: 

• The use of a weapon or device to inflict harm. 

• The intent to cause bodily harm. 

For instance, one of the individuals in the bar fight breaks a bottle to attack the other. Using the bottle as a weapon transforms an assault charge into aggravated assault. 

Aggravated assault charges are prosecuted as felonies and may carry serious penalties in Texas, such as incarceration of up to 20 years and a fine of up to $10,000. 

Possible Penalties for Assault Charges in Texas 

In general, there are two main types of penalties for assault charges in Texas: misdemeanors and felonies. 

Misdemeanor charges 

Misdemeanor charges can have a maximum one-year prison term and a monetary fine. Alternatively, individuals may be sentenced to probation or community services. Another common alternative sentence is psychological counseling, such as anger management training. 

Felony charges 

Felony assault charges carry a minimum one-year sentence. Depending on the circumstances, sentences may go up to ten years in prison. Additionally, convicted individuals may be sentenced to pay reparations for emotional damages. 

Depending on the circumstances, individuals may be sentenced to probation on felony charges. That is why having the right legal counsel can help charged individuals get a punishment that fits the crime. 

Possible Assault Defenses in Texas 

Fighting against your assault charge requires a strong defense. Depending on your circumstances, your attorney will strive to build your defense, with the goal to help you move on with your life, either by dropping charges or lessening them. Some of these defenses include: 

• False accusation. This defense is based on the plaintiff making false allegations or blowing facts out of proportion. As a result, an experienced criminal defense attorney may request the charges to be dismissed. 

• Self-Defense. Self-defense occurs when an individual inflicts harm on another in defense of their physical integrity. For example, an individual injures a robber during a mugging on the street. 

• Defense of Another. In this defense, individuals inflict harm on others in defense of a third party. For instance, one parent inflicts harm on the other in order to prevent an instance of child abuse. 

• Defense or Property. Defense of property involves demonstrating that harm was caused to others to protect rightfully owned property. For example, a store owner fights off looters during a riot. 

• Performance of Duty. Performance of duty involves service personnel such as law enforcement officers or military members. In this defense, the charged individual proves that using force was necessary to perform their duty. For instance, a suspect is hurt when resisting arrest.