Dallas Assault Lawyer
Providing Aggressive Defense for Assault Charges in Texas
It is important to understand that a person can still be guilty of assault even if the person did not intend to cause harm to another. If the person should have reasonably believed that the contact would have been harmful or offensive then the person can be guilty of assault, but as long as the person intended to make physical contact.
In Texas, you may be charged for this offense if you:
- Intentionally, knowingly, or recklessly cause physical injury to another person
- Intentionally or knowingly threaten another person with physical injury
- Intentionally or knowingly causes physical contact with another person with the intent to offend or provoke
A more serious form of assault is “aggravated assault.” Under Texas’s statute, aggravated assault occurs if the person commits assault and causes serious bodily injury, including the person’s spouse; or uses or exhibits a deadly weapon during the commission of the assault.
Don’t wait until it’s too late, let our Dallas assault attorney fight for your legal rights to make sure that you are not wrongfully convicted. We have extensive experience helping defendants fight all types of assault charges. As a former prosecutor and criminal court judge, Patrick J. McLain has learned all aspects of the criminal justice process to be an effective advocate for you.
Penalties for Assault in Texas
Assault is a Class A misdemeanor, which carries a fine up to $500. Assault, however, can be raised to a third degree felony if the offense is committed against:
- A public servant while lawfully discharging an official duty or acting in their official duty;
- A person who lives with the defendant, a blood relational, or a romantic partner;
- A security officer while the officer is performing a duty as a security officer;
- Emergency services personnel while the person is providing emergency services.
A third degree felony is punishable by a prison sentence from 2 years to 10 years and a fine up to $10,000. Under certain circumstances, a third degree felony assault charge can be raised to a second degree charge. A second degree charge carries a penalty from 2 to 20 years in prison and a fine up to $10,000.
Aggravated assault also carries a second degree penalty. Aggravated assault, may be raised to a first degree felony under certain situations, such as using a deadly weapon during the commission of the assault and causes serious bodily injury to family member. A first degree penalty can result in a prison sentence from five years to life in prison.
Defenses to Assault Charges
If one is facing assault charges, there are various defenses that our Dallas assault lawyers can raise.
These common defenses include:
- Mistake of law or fact
- Statute of limitations
Facing Assault Charges? Contact a Texas Assault Defense Attorney.
If you are facing an assault charge, call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392. McLain and his team of Dallas assault lawyers know how to fight allegations of violence like assault, aggravated assault, assault with a deadly weapon, intoxication assault, and many other related charges.
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