Are you facing assault charges in San Antonio, TX? A conviction for assault can negatively impact numerous aspects of your personal and professional life. You need experienced defense lawyers to help you protect your rights and fight for a fair outcome in your case.
Our criminal defense lawyers at Barton & Associates Attorneys at Law have decades of experience and have handled thousands of cases. They are seasoned trial lawyers who aggressively protect their clients inside and outside of the courtroom. We are committed to fiercely defending our clients during every stage of their cases.
Contact our law office or call us at (210) 500 0000 to schedule a free consultation with one of our San Antonio assault lawyers.
How Our San Antonio Criminal Defense Lawyers Can Help You With Assault Charges in Texas
Facing assault charges on your own in San Antonio, Texas can be daunting. An experienced defense attorney can help you in many ways, including making a significant difference in the outcome of your criminal case.
When you hire our top-rated San Antonio criminal defense lawyers, you can trust we will:
- Fully investigate the assault charges against you to analyze the circumstances leading to your arrest
- Evaluate the factors in your case to develop a defense strategy
- Analyze the prosecution’s evidence to identify weaknesses
- Collect evidence to support your defense and establish reasonable doubt
- Negotiate a fair plea deal to potentially reduce charges and penalties
- Take your case to trial if a plea agreement is not in your best interest
Our defense lawyers have top ratings from numerous organizations, including Super Lawyers and Martindale-Hubbell. At Barton & Associates Attorneys at Law, our attorneys have extensive experience in criminal law. We have the skills and resources to handle the most challenging cases.
Call us today to schedule a consultation with an experienced San Antonio assault lawyer.
Common Assault Charges in San Antonio, TX
Depending on the facts and circumstances of your case, you may be charged with misdemeanor or felony assault charges. The different types of assault charges in Texas include:
- Simple Assault: This is the lowest level of assault you can face. Simple assault is almost always charged as a misdemeanor.
- Aggravated Assault: This is a category of assault that results in serious bodily injury or involves using a deadly weapon to commit the crime. Aggravated assault is usually charged as a first or second-degree felony.
- Assault Family Violence: Assault family violence is better known as domestic violence. This charge refers to assault against a family member or someone who resides in your home. The level of the offense depends on the factors of the case and your criminal history.
- Sexual Assault: This type of assault includes rape, as it is defined as any non-consensual, unwanted sexual contact involving penetration. In most situations, sexual assault is a first-degree felony offense.
- Assault on a Public Servant: This type of assault is automatically charged as a felony offense. Public servants are anyone performing a government function, such as postal workers, jurors, police officers, and judges.
- Intoxication Assault: This assault charge is associated with operating a motor vehicle under the influence of alcohol or drugs (DWI) and causing someone serious bodily injury because you were intoxicated. Intoxication assault is generally a third-degree felony.
Assault charges are serious criminal cases. Do not allow police officers or prosecutors to lead you to believe you do not need legal counsel. The best way to protect your rights is by consulting a criminal defense attorney.
Overview of the Legal Elements of an Assault Charge in Texas
The Texas Penal Code defines assault as causing or threatening someone with bodily injury. Bodily injury is defined as illness, physical pain, or any impairment of physical condition. It also includes causing physical contact with someone that is offensive or provocative.
Assault charges involve three necessary elements which are:
Causing Bodily Injury
You can be charged with assault if you cause some bodily harm. The harm does not need to be severe; minor physical harm can result in an arrest for assault.
Threatening Imminent Bodily Harm
You can also be charged with assault if you intentionally or knowingly threaten someone with impending bodily injury. This criminal charge does not require you actually to harm someone to be convicted of a crime.
Causing Offensive Contact
Suggestive or offensive physical contact can also result in assault charges in Texas. Any type of physical contact the victim finds offensive could be the basis of an assault charge.
What Are the Penalties for an Assault Conviction in San Antonio, TX?
The punishment for an assault conviction varies depending on several factors. Whether you are charged with a felony or misdemeanor also affects the harshness of the punishment. Assault charges include offenses charged as Class C misdemeanors through first-degree felonies.
The potential penalties for a conviction of assault include:
Class C Misdemeanor Assault
Generally, assault is charged as a Class C misdemeanor when the offender threatens a victim without causing bodily injury. It is also used when the offender provocatively or offensively touches the victim. The penalty for a Class C misdemeanor is a maximum fine of $500.
Class B Misdemeanor Assault
Class B misdemeanor assaults can result in a maximum fine of $2,000 and up to 180 days in jail. This category includes assaulting a person participating in a sporting event, such as a player, umpire, or referee.
Class A Misdemeanor Assault
Class A misdemeanor assault is the most serious misdemeanor charge. It can result in a maximum fine of $4,000 and up to one year in jail. Class A misdemeanor assaults include causing bodily injury to an elderly person, making a terrorist threat against a public servant, and domestic violence.
Third Degree Felony Assault
An assault against specific individuals can result in the assault charges being upgraded to a third-degree felony charge. Examples include assaulting public servants, family members, and emergency personnel. Your criminal history can also result in the charge being upgraded to a third-degree felony. The potential penalty includes a maximum fine of $10,000 and two to 10 years imprisonment.
Second Degree Felony Assault
Aggravated assault results in a second-degree felony charge. That includes assaulting someone with a deadly weapon or causing serious bodily injury. The penalty for a conviction includes a maximum fine of $10,000 and a prison term of two to 20 years.
First Degree Felony Assault
This is the most serious form of aggravated assault, typically involving the use of a deadly weapon or causing serious bodily injury to a public servant or other protected individuals. A first-degree felony carries severe penalties, including a maximum fine of $10,000 and a sentence of up to life in prison.
Are There Defenses to Assault Charges in San Antonio, TX?
The defenses you raise in an assault case depend on the circumstances and evidence in your case. Examples of defenses to assault charges include:
Self-Defense
Texas laws protect a person’s right to defend themselves. Self-defense is a common defense strategy in assault cases. Generally, your use of force must be proportional to the threat you face to succeed with a self-defense strategy, and you must believe you were in imminent danger when defending yourself.
Lack of Intent
Generally, assault charges involve intent. The prosecution must show that you intended to engage in specific conduct. This defense can be used to argue that your actions were unintentional, such as accidentally causing someone harm.
Consent
You may be able to prove that the alleged victim consented to the conduct that resulted in their injuries. For example, perhaps you and the victim voluntarily participated in a sports activity that resulted in physical contact.
False Allegations
Attacking the alleged victim’s testimony and accusations to prove they are false is another option. For example, perhaps your ex-spouse is accusing you of assault to gain an advantage in a family law matter, or your ex-partner is accusing you of assault with the malicious intent to take revenge for a breakup.
Mistaken Identity
Assault may take place between people who know each other, but it is also a crime between strangers. You may argue that the alleged victim incorrectly identified you as their attacker because you have an alibi for the time of the crime or other evidence that calls the witness’ testimony into question.
An experienced assault defense attorney can help you prepare defenses that give you the best chance of avoiding an assault conviction and/or mitigating the penalties for a conviction.
Contact Us for a Consultation With a San Antonio Assault Defense Attorney
Facing criminal charges can be frightening, as the consequences could drastically impact your life. Our San Antonio assault lawyers can help you develop a solid defense against criminal charges. Call Barton & Associates Attorneys at Law today to schedule a consultation.