Assault and Battery

Disagreements with a friend, family member, or stranger can sometimes escalate into an unpleasant situation. Many times, a person who calls the police first gets the opportunity to tell the story from his or her own point of view and police end up with a biased version of events and charge an innocent party with assault. The fair truth of the matter will only come out if you partner with an aggressive, dedicated attorney to show your side of events.

While conviction for assault is severe in itself, the charge is often combined with other criminal charges such as domestic abuse, sexual assault, alcohol or drug related charges, or weapons charges. In these cases, penalties can multiply, negatively affecting a person’s life through jail time, expensive fines, mandatory probation, and surrender of firearms. Moreover, the stigma that often goes along with charges of this type can put long lasting damage on a person’s professional advancement and public reputation.

Texas Assault Charges:

Texas law categorizes assault into different categories, depending on the situation:

Class C Assault

Assault charged as a class C misdemeanor is the lowest level assault charge, which results when a person threatens another with bodily harm or causes physical contact in a provocative or offensive way, with no aggravating factors.  Typical examples of class C assault are threatening a domestic partner without causing injury, or swatting another individual while drunk.

Class A Assault

Assault charged as a class A misdemeanor is similar to class C assault, but also includes actual injury rather than just threat.  A typical example is a domestic dispute that involves actual injury, usually small and without any use of a weapon.

2nd Degree Felony: Aggravated Assault With a Deadly Weapon

Another common assault charge that is more serious is aggravated assault with a deadly weapon, usually charged as a second degree felony.  A typical example of this charge would be threatening another with a weapon like a gun or a knife which reasonably caused fear of imminent bodily harm, or shooting someone in a manner that causes serious but not life-threatening injury.

What About Domestic Violence?

Texas law categories an assault as “family violence” when the defendant and the victim are spouses or ex-spouses, related by blood or marriage, or live together in the same household or were engaged in an ongoing intimate relationship.  In this circumstance, “assault family violence,” or “assault fv,” carries additional consequences under the law.  A conviction bars the person from owning guns or firearms for life, can carry mandatory restraining orders, and increased stigma on criminal records reports.

Contact a Dallas Assault Lawyer Today

Without skilled and aggressive representation, assault charges can threaten you with extended jail time, excessive fines, and a permanent stain on your record. If you or a loved one has been charged with assault, call Attorney Walker Fults immediately for a free consultation of your case to find out what your options are and how we can help.