Former Prosecutor Insight for Collin County Assault Cases
At Lance Kennedy Law, we defend people accused of assault in Frisco and throughout Texas. Our team includes multiple former state and federal prosecutors who understand how criminal cases are investigated, charged, and tried. We examine the allegation, witness accounts, injury evidence, recordings, and police procedures before determining how to respond.
Founder Lance Kennedy is a former Assistant United States Attorney, former Assistant District Attorney, and former U.S. Army Judge Advocate. He has tried seven federal jury trials and more than 50 Texas jury trials, and two attorneys at our firm are Board Certified in Criminal Law by the Texas Board of Legal Specialization.
If you were arrested or accused of assault in Frisco, speak with us before making decisions about your case. Call (469) 737-9970 or contact us online to discuss the allegation, your court information, and your immediate next steps.
Intentionally, knowingly, or recklessly causing bodily injury to another person, including the person’s spouse.
Intentionally or knowingly threatening another person, including the person’s spouse, with imminent bodily injury.
Intentionally or knowingly causing physical contact when the person knows or should reasonably believe that the other person will regard it as offensive or provocative.
The charged subsection matters. An accusation involving bodily injury is classified differently from an allegation based only on a threat or offensive contact, even when both are described generally as assault.
What Is the Difference Between Aggravated & Simple Assault?
Depending on the specific circumstances of the case, assault can be classified as simple or aggravated. The legal distinction isn’t based only on whether the alleged harm appears severe.
Under Texas Penal Code Section 22.02, aggravated assault generally involves an assault that causes serious bodily injury or includes the use or exhibition of a deadly weapon. Aggravated assault is generally a second-degree felony, although specified circumstances can elevate it to a first-degree felony.
We evaluate the exact allegation, medical or injury description, claimed weapon, witness accounts, and applicable enhancement facts. That review helps us identify which elements the prosecution must prove and which parts of its theory can be challenged.
When Is Assault a Felony?
An assault allegation can become a felony based on the charged statutory subsection and specific facts, not simply because it is labeled serious. Assault causing bodily injury may carry a felony classification in circumstances involving certain public servants or specified family, household, or dating relationships, including situations involving qualifying prior convictions.
Serious bodily injury or the use or exhibition of a deadly weapon can support an aggravated assault charge. We review the alleged victim’s status or relationship, prior qualifying convictions, injury evidence, weapon allegations, and the prosecution’s chosen subsection when assessing the charge.
What Are the Penalties for an Assault Conviction?
The potential punishment depends on the statutory subsection, offense degree, prior convictions, and any applicable enhancements. These ranges describe general limits under Texas law and don’t predict the sentence or resolution in an individual case.
Certain allegations involving a threat or offensive or provocative contact may be charged as a Class C misdemeanor, generally punishable by a fine of up to $500. Assault causing bodily injury is commonly a Class A misdemeanor, which can carry up to one year in jail, a fine of up to $4,000, or both.
Felony Assault
When assault is charged as a third-degree felony, the statutory range is generally two to 10 years in prison and a fine of up to $10,000. A second-degree felony generally carries two to 20 years in prison and a fine of up to $10,000.
A first-degree felony generally carries five to 99 years or life in prison and a fine of up to $10,000. Actual exposure can also be affected by prior convictions, enhancement allegations, probation eligibility, plea negotiations, and sentencing evidence.
Defending Against Assault Charges
If you’re facing assault charges, we examine the evidence against you to develop a legal strategy for your case. Our experience as former prosecutors helps us assess investigative gaps, evidentiary weaknesses, and the government’s theory of the incident.
Relevant evidence can include witness accounts, messages, photographs, medical records, surveillance video, body-camera footage, recordings, and physical evidence. Potential defenses against assault include:
Self-defense. This argues that using force was necessary and reasonable to protect yourself from an imminent threat. The analysis can include the perceived danger, the amount of force used, and the surrounding circumstances.
Defense of another. Texas law may justify force used to protect another person under qualifying circumstances. The available evidence must support the claimed threat and response.
Lack of intent or knowledge. If bodily injury or contact was accidental, the evidence may not establish the mental state required by the charged subsection.
Mistaken identity. If you weren’t the person involved, location records, video, witness testimony, or other evidence may challenge the identification.
Insufficient evidence. The prosecution must prove every required element beyond a reasonable doubt. We can challenge evidentiary gaps through negotiations, motions, cross-examination, and trial preparation.
False or inconsistent allegations. Conflicting statements, omitted details, communications, or motives can affect an accuser’s credibility and the reliability of the prosecution’s account.
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A misdemeanor or felony assault case may involve an arrest or citation, arraignment, criminal case discovery, pretrial settings, negotiations, motions, and trial when necessary. Criminal case discovery is the evidence exchanged in the case, which may include police reports, recordings, photographs, witness statements, and other material held by the prosecution.
The timeframe can vary based on the charge level, court calendar, volume of discovery, witness availability, pending motions, negotiations, and whether the case proceeds to trial. Several months to a year or longer may be possible, but no general estimate can establish how long a specific Collin County case will take.
We analyze the evidence, explain the risks and available options, and prepare for each setting with the broader defense strategy in mind. We also work to reduce unnecessary court appearances when possible. Payment plans are available for clients who need flexibility when securing representation.
Bring your arrest or citation information, court paperwork, and immediate questions to an initial case review. Call (469) 737-9970 to schedule a consultation with our assault defense attorneys.
Yes, depending on the circumstances. Our lawyers can work to negotiate reduced charges or seek dismissal if there’s insufficient evidence or procedural errors.
Not necessarily. When simple assault is charged as a Class C misdemeanor, the potential penalties do not include jail time. While Class B misdemeanor simple assault, Class A misdemeanor simple assault, and aggravated assault include incarceration as a potential penalty, alternatives like probation may be possible depending on the specifics of your case and your criminal history.
You have the right to testify in your own defense, but you also have the right to remain silent. You should make this decision carefully while consulting your attorney and considering the specifics of your case.
Aggravated assault charges can have serious implications for non-citizens, potentially leading to deportation. If you’re not a U.S. citizen, it’s crucial to inform your attorney so they can consider immigration consequences in your defense strategy.
Our firm keeps all client details related to assault cases strictly confidential. We use them only to formulate the best defense strategy possible.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
