Austin Assault Defense Lawyer
Criminal Law Firm in Texas - Advocacy for the Accused
If you’ve been charged with assault or aggravated assault, you could
be facing serious penalties. During this time, it is important you understand
the consequences you face and you seek out an experienced Austin criminal
attorney who can help you get the best outcome possible. At Hines Ranc
& Holub, our Austin criminal defense attorneys have over 85 years
of combined experience in the courtroom so you can be assured you’re
getting top-notch legal counsel.
Why Choose Hines Ranc & Holub?
Understanding Texas Assault Law
The state of Texas breaks up assault into two main categories, simple assault
and aggravated assault. While aggravated assault comes with more severe
a punishment, in both instances of assault you could face incarceration
or heavy fines.
The important thing to understand is that no actual contact has to occur
in order for the state to consider it assault. There only needs to be
the threat of harm by the offender that leaves reasonable cause for the
victim to believe they are about to be harmed.
Some examples of these instances could include:
- Bob and Jill are both teachers at their local highs school. Bob wants play
a prank on Jill for Halloween. He dresses up in a mask and buys a fake
gun that looks incredibly real then hides in her classroom early in the
morning before she gets there. When Jill gets to her classroom that day
Bob acts like he is a killer and points the gun at Jill like he’s
going to shoot her.
- Jackson and Janelle are a married couple. Jackson gets upset one night
at Janelle for coming home late and confronts her in the kitchen while
she’s drinking a glass of orange juice. He tells her, “Better
watch out. The next time you come home late, that orange juice is going
to be poisoned.”
In both instances no actual harm has come to Jill or Janelle but the intention
of the assault to take place is real. Should the offender end up physically
attacking the victim, then it would be considered battery.
What is Simple Assault?
Simple assault consists of intentionally, knowingly:
- Recklessly causing bodily injury to another person
- Threatening another person with bodily injury
- Causing physical contact with another that the victim finds provocative
Penalties for Domestic Assault
In the state of Texas, an assault that is committed by a blood relative,
spouse, ex-spouse or long time romantic partner can be considered a domestic
assault. Depending on the circumstances surrounding the assault, it may
be considered a misdemeanor or a felony. Do not hesitate to reach out
to an Austin criminal defense lawyer as soon as possible if you have are
currently facing charges.
If you are being charged with a simple assault you may face the following
- Class A Misdemeanor –anywhere between 2 to 20 years in jail and/or
a fine of $4,000
- Class B Misdemeanor – up to 180 days in jail and/or $2,000
- Class C Misdemeanor –a fine up to $500
In addition to the above penalties, you may also be required to pay your
victim restitution. Restitution payments could include costs for medical
bills, cost of counselling or therapy and the cost to replace or repair
any damages to property.
What is Aggravated Assault?
An assault that is more severe than simple assault is called aggravated
assault. To be considered aggravated assault it must fit the following criteria:
- Intentionally, knowingly and recklessly causing seriously bodily harm to another
- Using or displaying a deadly weapon while committing a crime. This can
include threatening someone or engaging in offensive conduct.
Deadly Contact: If you have recklessly engaged in a manner that has impending risks of
another person suffering severe injury or if you recklessly discharge
a firearm at another person, or towards a house, building or car without
regard to whether or not it is occurred.
Penalties for Aggravated Assault
The penalties for someone who has been charged with aggravated assault include:
- Second Degree Felony- 2 to 20 years in jail and fine $10,000
- First Degree Felony—5 to 00 years in prison and $10,000 fine
Deadly Misconduct Penalties:
- Class A Misdemeanor: up to 1 year in jail and/or fine of $4,000
- Third Degree Felony: 2 to 10 years prison and up to $10,000 fine
As with simple assault, in Texas, if you’ve been charged with aggravated
assault, you may be required to pay restitution to the victim of the assault.
Restitution means reimbursing the victim for medical bills, counseling
or therapy costs and the cost to repair or replace property.
Aggressive, Effective Defense Strategies - Call Today!
If you’ve bene charged with assault, it is imperative you find yourself
experienced, aggressive legal counsel who can help you build the best
defense possible for your individual situation. Our
Austin criminal defense attorneys provide high-caliber, legal advice. We are fierce advocates committed
to taking on criminal cases.
Ready to get started? – Call us today.