Fort Worth Second-Degree Assault Lawyer
Second-degree assault is defined by intentionally, knowingly, or recklessly causing bodily injury to another person, which could include a family member. The main secondary case is when the assault is committed on a family member and the offender was previously convicted of a choking charge or any other severe assault case. Second-degree assault charges in Fort Worth are heard at the criminal district court. Anyone facing these charges is looking at severe penalties and long-term consequences. To learn how a Fort Worth second-degree assault lawyer could help, call today to schedule a consultation with an experienced assault attorney.
Role of Intent for Second-Degree Assault Charge
Mens rea refers to criminal intent and is required to prove most crimes. It is intentionally, knowingly, or recklessly, setting out to commit a crime. For example, when an individual in court claims that the accused offender choked them, impeding the breath, they must prove it was done intentionally, which can be difficult. It may be that the defendant was impeding the person’s breath, but their intention was not to choke them. They did not intentionally try to impede the individual’s breath. This means that the prosecutor must show that the defendant knowingly or recklessly held the person’s breath with the intention of harming them.
Prosecutor’s Burden of Proof
As previously mentioned, the prosecutor has the difficult task of demonstrating the mens rea, the intentionally, knowingly, or recklessly taking an action to cause harm. Another element of the case that might be a problem for the prosecution depends on whether the accused offender falls under the family code. Although they are a family member of the accuser, they may not fit under the family code situation. Another factor to the case that may be difficult for the prosecution team is if there is a prior offense. Due to Texas being such a large state, a prior offense might be difficult for the prosecution to get the judgment sentence to prove the offense.
However, it is important to remember that the prosecutor will work tirelessly to prosecute someone accused of assault. Therefore, it is essential for the defendant to hire a Fort Worth second-degree assault lawyer as soon as possible.
Penalties for Second-Degree Assault
An individual charged with second-degree assault is looking at serious penalties. In Fort Worth, a second-degree assault charge carries from two years in the Texas Department of Corrections and Penitentiary to up to 20 years in prison. The offender could also be hit with a fine of up to $10,000. There are also other consequences associated with an assault charge. A second-degree assault conviction could affect an individual’s employment and their ability to legally own a firearm.
Defense Strategies for Assault Charges
One of the defenses that a Fort Worth second-degree assault lawyer may use is identifying the instigator of the fight. After identifying the instigator of the fight, the attorney could claim that the defendant was acting in self-defense. Defense of others might also be used as a defense in an assault case. A dedicated lawyer should also be looking for any mitigating factors in the case. If the defendant has prior offenses, the attorney will investigate the time between of the prior offenses and how it applies or does not apply to the case.
Benefit of a Fort Worth Second Degree Assault Attorney
If you are facing second-degree assault charges, contact an accomplished defense attorney right away. A Fort Worth second-degree assault lawyer could stand by your side and fight on your behalf throughout the legal process. Do not fight these charges alone. Call today to get started on your defense.