Skilled, Aggressive Defense Against Assault Charges In Texas
Whether you’ve been accused of assault or aggravated assault, you’re facing one of the most serious charges of your life. An assault conviction puts a violent crime on your record, affecting your ability to find employment, win custody of your children, or maintain your freedom. At our firm, attorney Peter Barrett understands your fear and will fight for your freedom and your future with effective defense tactics.
For over 25 years, attorney Barrett has been a premier criminal defense attorney, protecting the accused from groundless accusations and harsh penalties. Since 1994, he has represented more than 3,000 clients, all of whom were facing life-changing consequences. Whether your case requires a reduction of your charges or a dismissal of your case, Mr. Barrett understands the best route to take for your case. Like thousands before you, you can be confident entrusting us with your case.
What Are The Categories Of Assault In Texas?
The categories of assault in Texas are:
- Class C misdemeanor is when a person threatens another with bodily harm or causes physical contact in a provocative or offensive way, and no other aggravating factors are present.
- Class B misdemeanor is when a person commits an assault against someone in a sporting event or because of a performance.Class A misdemeanor is when a person causes bodily injury to another including the elderly and no other aggravating factors are present.
- A third-degree felony is when a person assaults someone who is a family member, a person who contracts with government services for family services such as Child Protective Services.
- A second-degree felony is when a person knowingly or accidentally prevents the breathing of another person or by choking.
- A first-degree felony is when aggravated assault is committed against a police officer, security guard, informant, or someone the accused has a domestic relationship with.
No matter the level of your charge, our assault defense attorney can help you face this situation with peace of mind and confidence.
What Are The Penalties For Assault In Texas?
The penalties for assault in Texas vary depending on the classification of the assault. There are generally Class A, B and C misdemeanors, and first-, second- and third-degree felonies. The punishments are:
- Class C misdemeanors: Up to $500 fine
- Class B misdemeanors: Up to $2,000 fine, and up to 180 days in jail
- Class A misdemeanors: Up to $4,000 fine and up to 1 year in jail
- First-degree felony: Fines and 5 years up to life in prison
- Second-degree felony: Fine of up to $10,000 and 2-20 years in prison
- Third-degree felony: Fine of up to $10,000 and up to 10 years in prison
As a former president of the Dallas Criminal Defense Lawyer’s Association, attorney Peter Barrett is a leader in the field of criminal defense, and his work has led to the acquittal or dismissals of countless clients.
What Is Aggravated Assault In Texas?
Aggravated assault occurs when someone injures, threatens to injure, or physically contacts another person in an offensive or provocative way. It is more serious than assault in that it is committed under circumstances elevating the severity of the crime (Texas Penal Code § 22.02).
The situations in which assault become an aggravated offense include:
- Causing serious bodily injury to the other person
- Using or displaying a deadly weapon during the commission of the crime
At Peter Barrett: Dallas Criminal Defense Attorney, we want to hear your side of the story. Whether the accusations against you are founded or unfounded, we will advocate for you and craft an innovative solution for your circumstances.
What Are The Penalties For Aggravated Assault In Texas?
As with assault, the penalties for aggravated assault depend on the nature of the offense. Aggravated assault is a second-degree felony, with potential penalties including:
- Two to 20 years in prison
- Up to $10,000 in fines
However, aggravated assault is a first-degree felony when at least on of the following applies:
- The actor used a deadly weapon and caused serious bodily injury to a family or household member.
- The actor knowingly committed the offense against a public servant, process server, or security guard while that person was performing their official duties.
- The offense was committed by a public servant acting under the color of law.
- The actor committed the offense in retaliation against a witness or informant in a criminal case or a person who reported a crime.
- The actor was in a car, fired a gun at a home, building, or vehicle without considering whether the location was occupied, and they caused serious bodily injury.
When aggravated assault is charged as a first-degree felony, it’s punishable by:
- Five to 99 years in prison
- Up to $10,000 in fines
The maximum potential penalties for aggravated assault are severe. Still, you can fight your charge and seek to avoid or minimize sanctions. Our firm is ready to vigorously defend you.
Can Assault Charges Be Dropped In Texas?
Assault charges can only be dropped by the authorities, not by the victim. The victim cannot suddenly decide that the state must drop an assault charge. Only the prosecutor can decide if the charge will be dismissed or if the case will proceed to court. Often, an assault charge is made after a heated argument or some domestic crisis compels a wife, husband, girlfriend or boyfriend to contact police in order to calm things down. Unfortunately, this can set in motion a series of events which can then proceed without control by the complainant.
Discuss Your Legal Options With An Experienced Attorney
Peter Barrett: Dallas Criminal Defense Attorney serves clients in the Dallas-Forth Worth area and throughout Texas. To learn about your rights and legal options, contact our firm to schedule an initial consultation. Call 214-526-0555 or fill out our online contact form.