Aggressively Defending Against Assault Charges in Harris, Fort Bend, and Montgomery Counties & the Houston Metro Area
At Lance Kennedy Law, we understand the high stakes involved in assault cases. If you were arrested for assault in Houston, securing a robust defense is critical to safeguarding your future and freedom. Whether the incident resulted from a misunderstanding or an act of self-defense, our assault defense lawyers are committed to restoring your liberty by providing the tenacious representation you deserve.
As former prosecutors, our award-winning attorneys bring invaluable knowledge and insights to every case. Our goal is to dismiss or reduce the charges against you while defending your rights and hard-earned reputation in and out of the courtroom. With our exclusive focus on criminal law, proven track record of results, and recognition from The National Trial Lawyers® and Super Lawyers®, you can trust us to pursue the best possible outcome in your case.
If you were arrested for assault in Houston, our attorneys can work tirelessly to reduce or dismiss the charges. Contact us online to discuss your case.
What Constitutes Assault in Texas?
Assault charges can arise from various situations, such as domestic disputes, bar fights, road rage incidents, and law enforcement confrontations. Texas Penal Code § 22.01 outlines the different ways in which assault is committed, including:
Intentionally, knowingly, or recklessly causing bodily harm to another individual or their spouse.
Intentionally or knowingly threatening imminent bodily injury to another person or their spouse.
Intentionally or knowingly causing physical contact despite the knowledge or reasonable belief that the other person will regard the contact as offensive or provocative.
Understanding the Different Types of Assault
Simple Assault
Simple assault involvescausing bodily injury, threatening someone with imminent harm, or making physical contact that is offensive or provocative.
Aggravated Assault
On the other hand, aggravated assault involves additional elements that make the crime more serious, such as causing serious bodily injury and using or exhibiting a deadly weapon.
When Is Assault a Felony?
Assault can lead to misdemeanor or felony charges, depending on the specific case. For example, simple assault is typically a misdemeanor, but may be elevated to a third-degree felony when aggravating factors are present, such as if the victim is a public servant, elderly individual, or family member. Aggravated assault can be charged as a second-degree or first-degree felony.
What Are the Penalties for an Assault Conviction?
The penalties for an assault conviction depend on the type and severity of the crime, as well as any prior convictions or aggravating factors. Even misdemeanor assault charges carry long-term consequences, making it crucial to have a knowledgeable defense lawyer in your corner.
Below is an overview of common assault offenses and their associated penalties:
Simple Assault
A class C misdemeanor is punishable by a fine of $500.
A class B misdemeanor is punishable by up to 180 days in jail and a $2,000 fine.
A class A misdemeanor is punishable by up to one year in jail and a $4,000 fine.
A third-degree felony (elevated simple assault) is punishable by 2-10 years in prison and up to $10,000 in fines.
Aggravated Assault
A second-degree felony is punishable by 2-20 years in prison and up to $10,000 in fines.
A first-degree felony is punishable by up to 99 years or life in prison and a maximum fine of $10,000.
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I Was Arrested for Assault During a Night Out in Midtown. Where Will My Case Be Heard?
If you were arrested for assault in Midtown, your case will likely be heard at the Harris County Criminal Justice Center located at 1201 Franklin Street. The courthouse is open Monday through Friday from 8:00 AM to 4:30 PM. Our firm is familiar with local court processes and procedures to help you navigate the complexities of criminal court.
Common Defense Strategies in Assault Cases
If you’re facing assault charges, building a strong defense is imperative to avoiding the life-changing consequences of an assault conviction. Our attorneys can evaluate your specific case to determine an appropriate legal strategy to employ in your defense.
Some common defenses against assault include:
Defense of self or others. If you used force to protect yourself or others from imminent harm, we can argue that your actions were reasonable and necessary.
Lack of intent. Assault generally requires intent, knowledge, or recklessness. If the injury was accidental, this may be a valid defense to dismiss the charges.
Alibi. If you were not present when the assault occurred, we can gather witness testimony, surveillance footage, and other evidence to establish an alibi.
False accusations. In some cases, false accusations may arise due to ulterior motives. If you didn’t commit the crime, we can fight to prove your innocence.
Insufficient evidence. The prosecution bears the burden of proof in criminal cases, meaning they must prove your guilt “beyond a reasonable doubt.” If there is insufficient evidence to convict you, we can file a motion for dismissal.
When your freedom is at stake, don’t settle for less than aggressive representation from Lance Kennedy Law. Our goal is to reduce or dismiss the charges against you while defending your rights at every step.
Facing assault charges can be daunting, but you don’t have to fight them alone. Call (737) 324-7540 to schedule a free consultation. Se habla español.
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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I will lead you every step of the way. Together, we will fight for a dismissal.
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Work to get the best results possible so you can get your life back.
