Are you facing assault charges in Conroe, TX? If so, you must take swift action. This will allow you to build a strong defense to protect your rights. Your first step should be to contact an experienced criminal defense lawyer. You can contact us at Napier Law Firm to consult a highly skilled and experienced Conroe criminal defense lawyer who has successfully defended cases that involve assault charges.
Assault Charges in Conroe, TX
Texas Penal Code § 22.01 defines three forms of assault: intentionally, knowingly, or recklessly causing bodily injury; intentionally or knowingly threatening imminent bodily injury; or intentionally or knowingly making physical contact while knowing or having reason to believe the other person will regard it as offensive or provocative.
Bodily-injury assault is generally Class A, while threat/contact assault is generally Class C. Living with someone does not by itself make assault a felony. A qualifying family-violence prior or impeding breathing or circulation can support a third-degree charge; the qualifying prior-plus-impeding route is second degree. Known peace-officer or judge bodily-injury assaults have a separate second-degree route. Elderly or disabled status does not create the blanket third-degree rule: § 22.01(c)(1) addresses offensive contact, and § 22.04 defines separate injury offenses. Other statutory enhancements may apply.
Ordinary third-degree punishment is 2–10 years in prison and a fine up to $10,000. Second degree is 2–20 years, and first degree is 5–99 years or life, each with a fine up to $10,000. Enhancements can change these ranges.
Aggravated Assault Charges
Under Texas criminal law, aggravated assault is more serious than simple assault. You can be charged with aggravated assault if the assault causes serious bodily injury or if you exhibit a deadly weapon during the assault. The penalties for aggravated assault charges vary widely as several factors have to be considered, including the defendant’s criminal history and the severity of the bodily injuries suffered by the alleged victim.
Legal Defense to Texas Assault Charges
An attorney will have to assess your case to determine the best legal strategy to defend against the assault charges. Several factors would need to be considered, including the available evidence in the criminal case.
Self-defense may apply when and to the degree you reasonably believe force is immediately necessary against another person’s use or attempted use of unlawful force. Deadly force has additional requirements under § 9.32. No-retreat rules and presumptions have their own conditions; they are not automatic permission to use force. If the evidence raises self-defense and it is submitted to the jury, reasonable doubt on that defense requires acquittal. You do not have to prove your innocence.
The State must prove the mental state required for the charged form of assault. Bodily-injury assault can be intentional, knowing, or reckless, so lack of an intent to injure does not by itself defeat that charge. Evidence of an accident matters if it leaves the State unable to prove the required mental state beyond a reasonable doubt.
Consult an Experienced Criminal Defense Attorney in Conroe, TX
An assault charge is a very serious offense that can have severe consequences. Not only do you face imprisonment, and fines, but you also get a criminal record that can impact the rest of your life. However, with the assistance of an assault defense attorney in Conroe, TX, you can fight against the charges.
You don’t have to search online for an assault lawyer near me when you can have Napier Law Firm represent you. With our deep understanding of Texas criminal law and experience in criminal cases that involve assault charges, we know how to defend against the charges. Contact us to schedule a consultation with a Conroe assault defense lawyer.