San Antonio assault attorneys Christine & Mario Del Prado have years of successful trial experience helping accused individuals clear their good names. We know that an assault conviction can seriously damage your ability to find gainful employment, not to mention potentially put you behind bars for years.
Legal Definition and Penalties for Assault in Texas
Being arrested for assault can be very nerve-wracking. It is important to remember, though, that the burden of proof lies with the state to prove your guilt. San Antonio attorneys Christine & Mario Del Prado will thoroughly analyze the specifics of your case and work as a team with you on developing the best defense.
Like many other states, Texas no longer differentiates between assault and battery. The description of assault is outlined in the Texas Penal Code, Title 5, Ch. 22§ 22.01. Assault is defined as an intentional or knowing:
- Act which causes bodily harm to another person.
- Threat toward another that includes the element of imminent bodily injury.
- Physical contact that is considered offensive or provocative by the victim. An example of this would be poking someone in the chest during a heated exchange.
Depending on the specifics of the case, a charge can be brought as a Class C misdemeanor up to a third degree felony. Chapter 22 of the Texas Penal Code calls for a fine and possible jail term to be imposed for a misdemeanor conviction. However, a felony can result in a fine of up to $10,000 and incarceration in state prison for from 2 to 10 years.
When the victim suffers serious injury as a result of the assault, or a weapon is used, the charge becomes aggravated assault. Prosecutors bring such charges as felonies, which carry much stiffer sentences: a first degree felony conviction will mean a prison term of at least 5 years, and up to 99 years, or even life. When the defendant is finally released, his prospects for employment are seriously diminished, and he will permanently lose his right to vote, own a firearm, or hold public office.
Defending Assault Charges
All this may be very disturbing to read for someone who is facing assault charges. However, there is good news. San Antonio assault attorneys Christine & Mario Del Prado will work with you to develop the defense strategy best-suited to the facts of your case. Among the possible defenses are:
- The assault did not occur
- You were not the perpetrator of the assault
- The assault was not intentional
- The actions of the defendant were misinterpreted
In some instances an “affirmative action” defense may be pursued. In such a defense, counsel argues that the defendant committed the assault, but there were extenuating circumstances. For instance, the act may have been committed to prevent the victim from hurting himself or someone else, or from stealing your property.
If You Are Facing Charges
We know how frightening it can be for individuals facing charges of assault. San Antonio assault attorneys Christine & Mario Del Prado will do the utmost to help you through this tumultuous time of your life by providing the highest quality legal services. We will work with you to protect your good name. Call us to arrange a free consultation today at 210-698-3533.