Kingwood Assault Attorney
Defending Clients Accused Of Assault Or Domestic Violence in Texas
In Texas, assault is when a person causes or threatens to cause bodily injury to someone else. If the individual the actor is alleged to have harmed is a family or household member or dating partner, the situation becomes a domestic violence matter.
In either situation, because the offense can result in another person being hurt, the state takes these cases seriously. Upon a conviction, the minimum penalty a court can impose is a fine. The maximum penalty is a prison sentence of up to 20 years, depending on the facts.
No matter your circumstances, if you have been accused of assault or domestic violence, you need an attorney on your side, ready to pursue a just outcome and help avoid or minimize penalties.
Are you facing charges for assault or domestic violence in Texas? Call Boman Law PLLC today at (832) 307-3217 or contact us online to schedule a free consultation with our assault lawyer in Kingwood.
What is Considered Assault in Texas?
Texas Penal Code 22.01 is the statute concerning assault, and it provides that a person commits an offense when they:
- Cause bodily injury to another person,
- Threaten someone with bodily injury, or
- Make physical contact with another person that the individual considers offensive or provocative.
Assault can be considered domestic violence when any of the acts are committed against a family or household member or dating partner.
A family or household member includes:
- Persons related by blood or marriage
- Former spouses
- Parents of the same child (regardless of marital status)
- Foster parents and children (regardless of whether they live together)
Although many people consider an act assault when it results in physical harm to another person, actual bodily injury is not required for charges to be levied. The law states that a threat or offensive or provocative conduct may be a violation. Thus, someone may be accused of assault if they punch someone, spit on someone, or say they will hit someone with a bat.
You might have been alleged to have assaulted another person, but that doesn’t mean the evidence against you is sufficient to obtain a conviction. At Boman Law PLLC, we know what the district attorney needs to prove guilt beyond a reasonable doubt. Allow our Kingwood assault violence attorney to evaluate your case and determine how to challenge the prosecutor’s arguments against you.
Schedule a free consultation with our assault violence lawyer in Kingwood by calling us at (832) 307-3217 or contacting us online today.
Is Assault a Felony in Texas?
Assault can be either a misdemeanor or a felony in Texas. Domestic violence, on the other hand, is only a felony. The level of offense, class, or degree of charge depends on the conduct.
Understanding Assault or Domestic Violence Charges
Below are the potential charges that can arise for assault or domestic violence committed under specific circumstances:
- Class C misdemeanor:
- Threatening to cause imminent bodily injury to another person
- Touching someone in an offensive or provocative way
- Class B misdemeanor:
- Threatening or offensively or provocatively touching a sports participant when the actor is not a participant in the sport
- Class A misdemeanor:
- Causing bodily injury to another person
- Touching an elderly or disabled person in an offensive or provocative way
- Threatening or offensively or provocatively touching a pregnant person to force an abortion
- Third-degree felony:
- Causing bodily injury to:
- A public servant, government contractor, security officer, emergency services personnel, or process server when that individual is performing their official duties or in retaliation for them performing their official duties;
- A family or household member or dating partner when the actor has previously been convicted of domestic violence-related assault, homicide, kidnapping, indecency with a child, or continuous violence against the family;
- A family or household member or dating partner when the offense was committed by cutting off the other person’s breathing or blood circulation by choking or suffocating them.
- A pregnant individual to force an abortion;
- A person, the actor, knew or should have known was pregnant at the time of the offense; or
- An officer of the Texas Civil Commitment Office performing their official duties when the actor was a resident of the facility.
- Causing bodily injury to:
- Second-degree felony:
- Causing bodily injury to:
- A police officer or judge performing their official duties or in retaliation of them performing their official duties; or
- A family or household member or dating partner when the actor was previously convicted of domestic violence-related assault, homicide, kidnapping, or indecency with a child and the offense involved blocking the other person’s breath or blood circulation by choking or suffocating them.
- Causing bodily injury to:
Whatever your circumstances, our Kingwood assault lawyer is ready to defend you. We know that a criminal charge does not define a person, and good people can get caught up in bad situations. We will be your ally throughout your case.
What ARe The Penalties For Assault in Texas?
If a person is accused of assaulting someone in Texas, they could face jail or prison time, depending on whether they were charged with a misdemeanor or a felony.
Potential penalties for assault include the following:
- Class C misdemeanor:
- Up to $500 in fines
- Class B misdemeanor:
- Up to $2,000 in fines and/or
- Up to 180 days in jail
- Class A misdemeanor:
- Up to $4,000 in fines and/or
- Up to 1 year in jail
- Third-degree felony:
- Up to $10,000 in fines and/or
- Up to 10 years in prison
- Second-degree felony:
- Up to $10,000 in fines and/or
- Up to 20 years in prison
Our assault attorney in Kingwood loves to argue. This skill comes in handy when negotiating with prosecutors and presenting cases in court. Whether your case can be resolved with a plea bargain or must be taken to trial, we are prepared to seek an optimal outcome on your behalf, such as dropped charges, case dismissal, or reduced penalties.
Defenses To Assault Charges in Texas
When facing assault charges in Texas, there are several defenses you can use. Below are the most common:
- Self-Defense: A defendant could defend himself against an assault charge if they acted in self-defense. Defendants who claim to have acted in self-defense reasonably believed that force was necessary to protect themselves.
- Defense of Others: A defendant who acted in defense of another person may be able to defend themselves against assault charges if they believed another individual was in danger of harm.
- Consent: If the alleged victim consented to the defendant's actions, this could also be used as a valid defense to an assault charge. However, the consent must be informed and voluntary.
- Lack of Intent: If the defendant did not have the intention to cause harm, this again could be used as a valid defense to an assault charge.
It's important to note that every case is unique and that the specific facts of a case will determine which defenses are available and how effective they may be.
Contact Our Kingwood Assault Lawyer Today
At Boman Law PLLC, our Kingwood assault attorney provides the legal counsel you need. We represent clients throughout Humble, Harris County, Liberty County, Chambers County, and Montgomery County. Having been arrested five times, our Kingwood assault lawyer has a first-hand account of what it’s like to go through the justice system.
We know the fear and uncertainty that can arise during these challenging times, and we empathize with our clients. When you turn to us, your cause is our cause, and we will do what it takes to seek an optimal result on your behalf.
Contact Boman Law PLLC today to get started on your defense with our Kingwood assault attorney. We proudly serve Humble, Liberty County, Chambers County, and Montgomery County.
