Class A Misdemeanor Assault
Class A misdemeanors are considered some of the most severe offenses. This kind of assault occurs when you physically harm another person. It can escalate to a third-degree felony if the harm was committed against a police officer, family member, first responder, or government official. The punishment for this type of offense is up to one year in jail and a $4,000 fine. Aggravating factors that increase the severity include the use of a weapon or prior convictions.
An assault becomes a felony when the individual attacked is a:
- Public servant
- Family member
- Roommate
- Government contractor for Family Services
- Emergency first responder or another medical professional
- Security professional
Third-Degree Felony Assault
The punishment for a felony is much more severe than a misdemeanor. You could face up to 10 years in prison and up to $10,000 in fines. These offenses carry lasting consequences, impacting civil rights such as voting and owning firearms.
Second-Degree Felony Assault
This charge is used for assault with a deadly weapon or assault that caused an individual bodily severe harm. This type of assault carries a penalty of up to 20 years in jail and up to $10,000 in fines. Additional penalties may involve mandatory community service and restitution to the victim.
First-Degree Felony Assault
This is the most severe assault charge. Examples include attempted capital felonies like murder, arson causing death, aggravated robbery, felonies using a deadly weapon, and sexual assault. The penalties for this type of assault include anywhere between 5 years to life in prison and up to $10,000 in fines.
Defenses Against Assault Charges in Texas
If you are facing assault charges, there are several possible defenses that an experienced assault attorney can explore to help reduce or dismiss your charges. Some common defenses include:
- Self-Defense: One of the most frequently used defenses, self-defense, applies if you protect yourself from imminent harm or danger. Texas law allows individuals to use force when necessary to defend themselves from an unlawful threat. This defense must be supported by evidence showing the threat was real and immediate.
- Defense of Others: Similar to self-defense, this defense is used when you are protecting another person from being harmed. This could be a valid legal defense if you reasonably believed the individual you defended was in danger. Documenting the context of the defense action is crucial for legal proceedings.
- Lack of Intent: In some cases, an assault may have occurred without the intent to cause harm. For instance, accidental actions that result in injury may not meet the legal definition of assault under Texas law. Witnesses and character references can strengthen the argument against intentional harm.
- Consent: In rare situations, if the alleged victim consented to the act that led to the assault charges (such as during a sports event), it may serve as a valid defense. Documentation or testimony regarding consent is vital.
Every case is different, making it crucial to have an experienced assault defense lawyer review your circumstances and identify the best defense strategy. The nuances of these defenses are best interpreted and presented by experienced legal advocates.
Local Considerations in Fort Worth Assault Cases
Understanding Fort Worth's unique legal landscape is vital when facing assault charges. Local courts may interpret Texas laws in distinct ways influenced by precedents and regional legal culture. An experienced assault lawyer in Fort Worth will be familiar with these nuances, providing a strategic advantage by leveraging local court tendencies and connections to navigate the legal challenges effectively.
Additionally, Fort Worth has specific community resources, such as local counseling centers and rehabilitation services, which can be beneficial during the legal process. These resources can aid in mitigating the impact of charges, providing defendants with opportunities for personal development and demonstrating a commitment to remediation. Utilizing such local resources can be advantageous when negotiating plea bargains or demonstrating good faith in legal proceedings.
Sexual Assault in Texas
Texas defines sexual assault as one individual intentionally or knowingly doing the following:
- Penetrating the sexual organ or anus of another individual without that person’s consent.
- Penetrating the mouth of another individual using a sexual organ without that person’s consent.
- Causing the sexual organ of another person, without consent, to touch or penetrate the mouth, anus, or sexual organ of another person. Offenders may face strict scrutiny and substantial penalties.
Without consent refers to one person forcing another person to perform or receive a sexual act using physical force, violence, or coercion. It can also refer to an individual who is unconscious, under the influence of a substance, physically unable to resist this assault due to a mental disease or defect, unaware of the sexual assault, or afraid to deny the act as the individual committing it is in a position of power and influence. These dynamics complicate cases and require skilled legal interpretation.
What to Do if You Are a Victim of Sexual Assault
If you are a victim of sexual assault, the first step you should take after someone assaults you is to focus on your safety. Call 911 to notify law enforcement and file a police report. Contact a hotline, such as the Rape Abuse Incest National Network, at 800-656-4673 to gain access to resources and establish a plan with details about how to protect yourself. Hire a lawyer to learn more about obtaining a protective order and potentially filing a lawsuit against your attacker.
What to Do if You Have Been Falsely Accused of Committing Sexual Assault
The ramifications of sexual assault in Texas – especially repeat offenses – are harsh. You could face fines and significant jail time. The first step you should take after being wrongly accused is to contact a lawyer at our firm. We are happy to assist you as you navigate this difficult time. Building a solid defense is critical, and early legal intervention can make a significant difference in the outcome.
Fort Worth Assault FAQs
What Should I Do Immediately After Being Charged with Assault?
If you are charged with assault in Fort Worth, the first thing to do is contact an assault attorney in Fort Worth who is knowledgeable about local laws and procedures. Do not discuss your case with anyone until you have spoken with your attorney. Collect any evidence or contact information for witnesses that could support your defense. Avoid making statements that could be used against you, and fully cooperate with your legal counsel to develop an effective defense strategy.
How Does Fort Worth Handle Minor Assault Charges?
Fort Worth may handle minor assault charges, such as those classified under Class C or B misdemeanors, through community service, fines, or probation, especially if it's a first-time offense. The approach in Fort Worth often involves considering alternative sentencing that encourages rehabilitation over incarceration for lesser offenses. Engaging a local attorney can help in negotiating these options, ensuring that outcomes are as favorable as possible based on the specifics of your situation.
Can An Assault Charge Be Expunged From My Record in Fort Worth?
In Fort Worth, an assault charge can be expunged from your record under certain conditions, typically if the charge was dismissed, you were acquitted, or if you completed deferred adjudication probation successfully. Hiring an attorney who is well-versed in Texas law can help determine your eligibility and guide you through the expunction process. Clearing your record can be crucial for restoring your personal and professional opportunities, making it essential to pursue this option proactively if you qualify.
Contact Our Fort Worth Assault Attorney Today
Assault should not be taken lightly. There are long-term consequences for everyone involved in an assault case. If you were accused, you should contact us today to learn how we can defend you. Understanding your legal rights and receiving guidance from skilled assault defense attorneys is vital in such circumstances.
If you are a victim of assault, we cannot even begin to imagine what you have been through, but we are ready and willing to do everything in our power to make sure your rights are protected. Our commitment is to provide empathetic and robust legal representation, ensuring your voice is heard and justice is sought.
Contact the Law Offices of Mark M. Childress today to schedule a meeting with our assault lawyer.
