Aggravated Assault Charge Attorney
If you are charged with aggravated assault in Texas, you need to have an experienced and skilled criminal defense lawyer to help you with the process. A criminal defense attorney will help lead you in all possible ways, and possibly work to have the charges dismissed, reduced, or even acquitted (“Not Guilty”) following a trial.
In Texas, aggravated assault is considered to be a major felony offense, and one should take the matter with the utmost attention. Depending upon the facts alleged, one can be charged with aggravated assault and it could be classified as either a 1st or 2nd-degree felony offense. If a person is ultimately convicted of the charged as alleged, they could potentially be facing a lengthy prison sentence and possible expensive fines. If one has never been convicted of a felony previously, a person could be granted probation if convicted. Collateral consequences also exist with factors that could affect employment, housing, renting, and issues with child custody.
Aggravated Assault in Texas:
Aggravated assault is defined in Section 22.02 of the Texas Penal Code, and is stated as follows:
- When a person intentionally or knowingly causes serious injury to another person;
- When a person intentionally threatens another person with bodily injury and uses or exhibits some form of what would be classified as a “deadly weapon” in the process.
The charge is found in Section 22.02 of the Texas Penal Code under (Assaultive Offenses). Aggravated assault can be committed in two ways:
- Causing serious bodily injury to a person, intentionally, knowingly; or
Recklessly threatening a person with imminent bodily injury with a deadly weapon, Intentionally; or knowingly
How Can a Texas Criminal Defense Attorney Assist?
A criminal defense attorney can help to work to have the charges dismissed, reduced, or even acquitted (“Not Guilty”) following a trial. Texas Criminal Defense Attorney Carl D. Ceder has had past success in dealing with all forms of criminal cases, including charges of aggravated assault. Every criminal case should be initiated with basic and fundamental ground research to conduct an investigation of the facts relating to the charges against the citizen accused. From possible pertinent background information, a case may be built on another version of the facts, scenario, statements, and how the incident was written up by a police officer when the arrest was made. If this information differs, it is critical to effectively and persuasively present this to the jury.
The chances of success can be positively influenced if the case is approached in the proper fashion. The entire process can be lengthy in duration. Some of the things that may need to be done are filing and litigating any relevant pre-trial motions. A complete and thorough investigation into the facts of the case will continue throughout the entirety of the process. A sound, firm, and cogent legal argument made during the pre-trial phase usually sends a message to prosecutors that obtaining a conviction will not be easy. It also brings the opportunity for the Judge in the case to make decisions about the possible evidence that would be presented at trial. Depending on some of these pretrial rulings, the assigned District Attorney, after evaluating the facts of the case, may decide that it will be difficult to gain a conviction, and may look to alternative methods to dispose of the case in a more favorable fashion to the accused.
However, if your charge does not yield positive results during the pre-trial phase, the case will then lead in the direction of having a trial. This is the time when you especially need a very skilled, experienced, and knowledgeable criminal defense attorney who has a prior track record for success will the right expertise. Who ultimately defends one against charges such as this is the person that stands between freedom and a prison, and the stigma for the rest of their life of being a convicted felon.
Self-Defense (in an Aggravated Assault Case):
Simply put, an individual has the right to defend themselves from the threat and/or possible harm of another. This right includes using or threatening deadly force when necessary. The right to self-defense is what is termed an affirmative defense in Texas. However, merely alleging self-defense, even if the facts to support it are strong, may not lead to a prosecutor agreeing to drop all charges. To give yourself the best possible chance in this scenario, one must convey and adequately develop a compelling defense that demonstrates that the fear or threat was a legitimate one. In all forms of assault charges, many defendants assert self-defense as an argument to justify their use of violence. On the aggregate level, it can lead to prosecutors, judges, and juries being more skeptical of if the claim has merit. Thus, this makes for a well-prepared, and thorough defense all the more crucial.
Rarely is a criminal defense attorney able to develop an effective self-defense case from only relying on the evidence the prosecutor provides through the discovery process. This is why the independent investigation mentioned above is so critical. When your lawyer stands in front of a jury to tell your story he or she needs to have a factual and emotional understanding of your situation and your decision to defend yourself.
Under Section 9.31 of the Texas Penal Code, self-defense is defined as: “a person is justified in using force against another when and to the degree, the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” It should be noted that it is clearly outlined that “The use of force against another is not justified in response to verbal provocation alone.” In other words, mere threats, even if they are made in a violent and intimidating fashion, would not allow one to assert self-defense to justify their actions.
The justified use of force to protect yourself is what we call “self-defense,” and is limited to specific legal situations. You can use force (violence) against someone to protect yourself from the other person’s use or attempted use of unlawful force (violence). You can only use as much force as reasonably necessary to protect yourself. Texas law outlines situations where your belief that the force was immediately necessary is “presumed” to be reasonable. In addition, the rules are more strict if the person is claiming self-defense when the force was exerted against a peace officer (i.e. police officer, sheriff deputy). One cannot also “consent to the exact force” used against you. Asserting a claim of self-defense in any assault case, including a charge of Aggravated Assault, is intricate and can be very complex.
Contact Us Now
The possible penalties and punishment associated with a charge of aggravated assault can be harsh, strict, and severe. It is crucial, therefore, to seek out the legal services of a Texas Criminal Defense Attorney who has the skill, knowledge, and resources to mount a successful defense against the charges alleged. Contact Texas Criminal Defense Attorney Carl David Ceder if you have been charged with any assaultive criminal offense, including aggravated assault Carl has vast experience handling criminal cases all over the State of Texas with a great amount of success. Please call 214.702.CARL(2275) or 469.2000.DWI(394) for a free consultation on what your defenses are in fighting your aggravated assault case.