Weatherford Assault Lawyer
If you are accused of assault, you may be stressed and unsure of what to do to protect yourself from the consequences of a criminal conviction. You may be worried about the impact of an arrest or charge on your professional life, your family, and your financial future. For these reasons, calling a Weatherford assault lawyer as early as possible following an arrest can be a positive and effective step towards reducing the consequences of the charge on your life. Reach out to our dedicated defense lawyers today to begin assessing your situation, building a strong defense, and having powerful support and representation if your case goes to court.
What are the Laws on Assault in Weatherford?
Assault occurs under Texas Penal Code § 22.01 when individuals take any of the following actions:
- Intentionally, knowingly, or recklessly causing bodily injury to another
- Intentionally or knowingly threatening another with imminent bodily injury
- Intentionally or knowingly causing physical contact with another when they know or should reasonably believe that the other will perceive the contact as offensive or provocative
In an assault, there does not need to be physical contact or injury at all. Rather, in some situations, threats of physical harm are sufficient to merit an assault charge.
Factors Leading to Aggravated Assault
There are circumstances that can elevate an assault charge in Weatherford to an aggravated assault charge. Under Section 22.02, aggravated assault occurs when a person causes serious bodily injury to another, including a spouse, or exhibits or uses a deadly weapon during an assault.
The main differentiating factor between assault and aggravated assault is that an aggravated assault charge requires a serious bodily injury. There must always be physical contact between parties to constitute aggravated assault; threats are not enough. Under Section 1.07, serious bodily injury is that which results in death, significant risk of death, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Potential Penalties for Assault
Under Section 22.01(b), assault is normally a Class A misdemeanor. Assault may be charged as a third-degree felony in situations where:
- The defendant is a public servant, security officer, or emergency services personnel who deviated from their official duties
- The assault is due to or in retaliation of an exercise of official powers by a public servant, this may also be considered assault
- The defendant has a previous assault charge and assaults a family or household member, a former or current spouse, a former or current dating partner, or a person with whom a child is shared
- The defendant has a previous assault charge the assault involves intentionally or recklessly impeding the subject’s ability to breathe
A Class A misdemeanor carries potential penalties of a jail sentence up to one year, a fine of up to $4,000, or both. If the assault offense is charged as a felony of the third degree, the potential penalty can range from two to ten years of incarceration and a fine of up to $10,000. Given the potential severity of assault charges, consulting with a Weatherford assault lawyer is highly advisable.
Texas Penal Code Section 22.02 designates aggravated assault as a felony of the second degree. A conviction carries a penalty ranging from two to 20 years of incarceration and a $10,000 fine.
In circumstances where an assault involves deadly weapons which cause serious bodily injury to certain people, the charge may for first-degree felony. A conviction carries a penalty of life in prison and a $10,000 fine according to section 12.32.
Let a Weatherford Assault Attorney Help
If you are facing a charge of assault, you may need to retain a Weatherford assault lawyer to protect your legal rights. Our attorneys can review the facts of your case, prepare a favorable presentation to the prosecutor, and stand by your side through the process of pursuing a favorable outcome. Contact our office to set up a time to talk our knowledgeable legal team about your situation.