Assault refers to the act of performing intentional actions that imply that you are about to impact physical harm on someone. Even though you do not cause physical harm, the thought of doing so warrants charges of assault.
In Texas once charged with assault, the first smart step for the offender is hiring a criminal defense attorney. After finding the attorney, you then require to review together with your attorney all the facts that encompass your specific case in order to lay down strategy of defense.
Some instances of assault cases include: Knife waving at an individual or even threats with fists. The victim in such cases should however be aware that such is happening to them. This is to mean that for example you point a gun on someone when they do not know, this cannot be referred as an assault but if the victim the gun is pointed to is aware, that becomes assault.
Ways that individuals get assault charges include:
- Threat to an individual of bodily injury.
- Intentional body injury causing.
- Intentional physical contact when the individual knows such is offensive.
Assault penalties in Texas.
Simple assault defined as one that inflicts minor injury by law is called class A misdemeanor. Such is charged with a punishment of serving in a county jail for a year accompanied by a fine of about $4,000.
Assaults involving only threats without physical injury is referred as class C punished by a fine worth $500.
The other penalty type is third-degree felony. It is a much serious violation punishable with fine $10,000 and ten years’ service in prison.
Types of assault defense.
Assault charges have two defense categories against. First category is the attempting to dispute presented evidence by prosecutor. Such relies mostly on your case facts and ability of evidence refuting. Second attempt is affirmative defense which requires admission to committing of alleged actions by prosecutor.
If charged with assault, you should discuss which defense type to use with your lawyer. Ask of the available defense types and even when guilty the lawyer can talk down such that the sentence is cut down.