Compassionate and Strategic Assault Defense Representation
When authorities arrest you or someone you love for any type of assault charge, your world can feel like it’s crumbling around you. The fear, uncertainty, and stress can be overwhelming. You might worry about your future, your freedom, and how this charge will impact your life. You need a legal ally who understands what you’re going through and will fight tenaciously for your rights with the optimal combination of experience, skill, and dedication.
At Lance Kennedy Law, we understand the devastating impact these charges can have on individuals and families. We’ve seen firsthand the anxiety and sleepless nights that come with facing such serious allegations.
We can bring a unique perspective to your defense, as our founding attorney, Lance Kennedy, served as both a U.S. and Texas criminal prosecutor before transitioning to defense work. This background gives our team invaluable knowledge of how prosecutors build and present their cases, allowing us to anticipate and counter their strategies effectively.
Our approach to assault defense involves:
Thorough case preparation and attention to detail
Aggressive advocacy in and out of the courtroom
Clear communication and accessibility to clients
Strategic thinking and creative problem-solving
Compassion for clients and their families during a difficult time
We are available 24/7, so don’t wait to call (737) 324-7540 or contact us online to schedule a free case review with our Austin assault defense lawyers. Se habla español.
Understanding Assault Charges in Texas
To effectively fight aggravated assault charges, you need to know what you’re up against. Texas law takes assault offenses very seriously, and the penalties can be severe.
Types of assault charges in Texas include:
Simple assault. A person commits simple assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, or if they intentionally or knowingly threaten another person with imminent bodily harm. It can also be defined as intentionally or knowingly making physical contact with another person that the offender knows will be regarded as offensive or provocative.
Aggravated assault. An assault becomes “aggravated” when it causes seriously bodily injury to another person or involves the use or exhibition of a deadly weapon during the commission of the assault.
Domestic assault. An assault charge can be elevated to a domestic violence charge if the alleged offense is committed against a person with whom the offender has a specific relationship. This includes a current or former spouse, a family member by blood or marriage, a person who shares a child with the offender, individuals who are in or have been in a dating relationship, or any member of the same household.
Assault on a public servant. This serious felony offense charge may apply when a person allegedly commits assault against an individual that they know to be a public servant who is lawfully performing an official duty. The charge also applies if the assault is committed in retaliation for the exercise of official power. The term "public servant" is broad and includes a wide range of individuals, such as law enforcement officers, judges, firefighters, and emergency medical personnel.
Differences Between Simple and Aggravated Assault
Someone can be charged with simple assault if they deliberately or recklessly caused bodily injury to another person, threatened another person with imminent bodily injury, or touched someone in a manner that they knew reasonably should have known would be considered offensive or provocative. Aggravated assault charges only apply in scenarios with additional elements, such as the use or exhibition of a deadly weapon, causing “serious bodily injury,” or assaulting a public servant.
As its name would imply, aggravated assault is a more serious charge than simple assault, reflecting the increased danger or harm involved in the alleged incident. It’s also important to note that “serious bodily injury” goes beyond minor cuts or bruises. The term refers to injuries that create a substantial risk of death or cause permanent disfigurement or the loss or impairment of any body part or organ.
Common Scenarios Leading to Aggravated Assault Charges
Someone can easily find themselves charged with aggravated assault instead of simple assault if an altercation escalates. As soon as a serious bodily injury, deadly weapon, or public servant becomes involved, these more serious charges may apply.
Aggravated assault charges can arise from various situations, including:
Domestic disputes that escalate to violence involving weapons
Bar fights or altercations where serious injuries occur
Road rage incidents involving threats with a vehicle or other weapon
Confrontations with law enforcement officers
Attacks resulting in severe injuries, such as broken bones or head trauma
Potential Consequences of an Assault Conviction in Texas
The repercussions of an aggravated assault conviction extend far beyond the courtroom. The penalties can potentially impact every aspect of your life.
Here’s what could be at stake:
Prison time. Simple assault in which the alleged victim sustained only minor bodily injuries is generally charged as a Class A misdemeanor, which comes with up to a year of jail time. Aggravated assault is typically charged as a second-degree felony in Texas, carrying a potential sentence of 2 to 20 years in state prison. In some cases, such as assaults against public servants or involving domestic violence, it may be elevated to a first-degree felony, with penalties ranging from 5 to 99 years or life in prison.
Fines. An individual may be charged with a Class C misdemeanor if their alleged assault only involved touching or threats but no actual bodily injury. A conviction can still result in up to $500 in fines. A Class A misdemeanor assault conviction can result in up to $4,000 in fines. Individuals convicted of aggravated assault may face fines of up to $10,000. These financial penalties can create a significant burden, especially when combined with legal fees and potential civil lawsuits.
Long-term impacts on employment, housing, and personal opportunities. A felony conviction for aggravated assault can have far-reaching consequences, as the criminal record will appear on background checks. This will likely make securing jobs or housing especially difficult. A felony conviction can also result in the loss of professional licenses and certifications, restrictions on firearm ownership, strained personal relationships, and social stigma. Non-citizens may face immigration consequences.
Given these severe and long-lasting consequences, it is in your best interest to start mounting a solid defense against aggravated assault charges as soon as possible. Our attorneys at Lance Kennedy Law understand how serious your situation is and are prepared to work diligently to protect your rights and lessen the potential impact on your life and future.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
When facing assault charges in Texas, having a skilled defense lawyer by your side can make all the difference. Our approach to defending our clients is comprehensive and tailored to the specifics of each case.
Case Evaluation
We start by thoroughly reviewing all aspects of your case. This comprehensive evaluation allows us to identify strengths and weaknesses in the prosecution’s case and develop the most effective defense strategy.
We typically assess:
Police reports and witness statements
Physical evidence and forensic reports
Surveillance footage or other visual evidence
Your version of events
Evidence Gathering and Analysis
A strong defense often hinges on uncovering evidence that supports your side of the story. We understand how to effectively investigate assault cases.
Our team can:
Interview witnesses and gather additional statements
Consult with experts in relevant fields (such as forensics, ballistics, or medical professionals)
Analyze crime scene evidence and police procedures for any irregularities
Investigate the backgrounds of key witnesses for potential credibility issues
Negotiation with Prosecutors
In many cases, skilled negotiation can lead to favorable outcomes without the need for a trial. Lance Kennedy’s experience as a former prosecutor gives us unique insight into the other side’s thought processes. We know how to talk to prosecutors and negotiate effectively.
We can:
Engage in plea bargaining discussions with prosecutors
Advocate for reduced charges or alternative sentencing options
Present mitigating factors that may influence the prosecution’s stance
Negotiate for dismissal of charges when appropriate
Development of Defense Strategies
Based on the specifics of your case, our team can craft a defense strategy designed to achieve the best possible outcome. Throughout the process, we keep you involved so that you understand your options and can make informed decisions about your case.
Your defense strategy may involve:
Challenging the admissibility of evidence
Questioning witness credibility
Demonstrating lack of intent or mitigating circumstances
Presenting alternative theories of the incident
Common Defense Strategies for Assault
Every aggravated assault case is unique. The best defense strategy depends on specifics of what happened and the strength of evidence against you.
Here are some common approaches our lawyers may consider when building your defense:
Self-defense. If you reasonably believed you were in imminent danger of harm, you may have been justified in using force to protect yourself. Texas law recognizes the right to self-defense. However, we must be able to demonstrate that your actions were proportional to the threat you faced.
Defense of others. Similar to self-defense, you may have acted to protect another person from imminent harm, such as your child or spouse. This defense requires showing that a reasonable person in your situation would have believed intervention was necessary.
Lack of intent. Assault charges require proving that you intentionally, knowingly, or recklessly caused bodily injury, threatened someone with imminent bodily harm, or touched them in a way you knew would be considered offensive or provocative. We may be able to explore a lack of intent defense if your actions were accidental or you didn’t have the required mental state.
Mistaken identity. In some cases, you may have been wrongly identified as the perpetrator. This defense involves challenging eyewitness identifications and presenting evidence of your whereabouts during the incident.
Challenging evidence or witness credibility. This strategy involves scrutinizing the prosecution’s evidence and witnesses for inconsistencies, bias, or procedural errors that could undermine their case against you.
What’s the Legal Process for an Assault Charge in Texas?
The criminal justice process for any assault charge follows a certain procedure. Remember, the sooner you exercise your right to seek defense representation, the better. Our attorneys provide guidance, protect your rights, and fight for the best possible outcome throughout each stage of the legal process.
Here’s what to expect:
Arrest and booking. The process typically begins with an arrest, either at the scene of the alleged incident or later based on a warrant. You’ll be taken to a local jail for booking, which involves fingerprinting, photographing, and collecting personal information.
Bail and pretrial hearings. Shortly after your arrest, you’ll have a bail hearing where a judge determines whether to release you and, if so, under what conditions. This is followed by an arraignment, where you’ll enter a plea: guilty, not guilty, or no contest. Additional pretrial hearings may be scheduled to address various legal issues before trial.
Plea bargaining. Many cases are resolved through plea negotiations between your defense attorney and the prosecutor. Our experience on both sides of the courtroom gives him a unique advantage in these negotiations.
Trial. If the prosecution won’t offer a fair plea agreement, your case will proceed to trial. This involves jury selection, opening statements, presentation of evidence, witness testimony, closing arguments, and jury deliberation. We can guide you through each step while asserting your rights and presenting the strongest defense possible.
Sentencing (if applicable). If the court finds you guilty or you accept a plea deal, your case moves to sentencing. We can advocate for the most lenient sentence possible and present mitigating factors to reduce the severity of the penalties. Our team can also argue for alternatives to incarceration when appropriate.
Take the first step to protecting your rights and future. Call (737) 324-7540 or contact us online to schedule your free, confidential consultation with our team.
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.
