Sugar Land Aggravated Assault Lawyer

Sugar Land Aggravated Assault Attorney

If you have been accused of aggravated assault in Texas, you could be facing stiff consequences. Aggravated assault is a felony, which means you could serve years in prison or pay hefty fines. A Sugar Land aggravated assault lawyer with skill and experience can help.

While some individuals commit assault intentionally, in many cases, people commit assault out of self-defense, necessity, or to defend others. Whether you made a mistake in the heat of the moment or you maintain your innocence, the compassionate lawyers at Surginer Stewart, PLLC, are here to defend you. We can evaluate your case and ensure your rights are protected.

What Is Aggravated Assault in Texas?

In Texas, aggravated assault is when a person intentionally causes serious bodily harm to another person. Serious bodily harm can include disfiguration, loss of limb, deep cuts, a traumatic brain injury, and other injuries with a high chance of leading to death. Aggravated assault also includes using a deadly weapon to cause bodily harm or even exhibiting one during an assault.

A person may also be charged with aggravated assault due to road rage. For instance, it is felony aggravated assault if a person discharges a weapon while driving a motor vehicle. An example of this occurred in Sugar Land, Texas, when a man shot himself on Westpark Tollway near Beltway 8 during an instance of road rage. He discharged his weapon while inside the car and was charged with aggravated assault even though he only shot himself.

In general, aggravated assault is either a second- or first-degree felony in Texas, depending on the crime. Here are examples of first-degree aggravated assault charge scenarios:

• Assaulting a spouse, intimate partner, cohabiting individual, or other relative, and they become seriously injured
• Assaulting a police officer, security officer, or public servant performing their duties
• Assaulting a witness to a crime or a public servant in retaliation for performing their duties
• Assaulting a pregnant person, whether it causes an abortion or not
• Discharging a firearm while in a vehicle, recklessly, and with the intent to harm someone

What Are the Penalties for Aggravated Assault?

The penalties for aggravated assault depend on whether the assault is charged as a first- or second-degree felony. The penalty for a first-degree felony could be spending two years to up to 99 years or even life in prison. For second-degree felony aggravated assault, the penalty can be 2-20 years in prison. For both charges, the fines can be up to $10,000.

In addition to serving jail time and paying hefty fines, an aggravated assault conviction goes on your permanent record. This could inhibit your chances of obtaining certain jobs as well as securing housing. Getting your case dismissed before your charges turn into a conviction may be your greatest chance of avoiding this and other consequences.

Common Defenses for Aggravated Assault

Aggravated assault is one of the most severe charges in Texas. You want to hire a lawyer who can thoroughly investigate your case and build a solid defense. A lawyer can inform you of your rights, including your right to remain silent at any stage of the criminal process. Here are some of the defenses used in aggravated assault cases:

• Self-defense: You and a coworker have a disagreement at a company outing. Your coworker starts arguing with you and begins punching you repeatedly. In self-defense, you hit him back, and the blow knocks him into the table, and he becomes unconscious.
• Defending another person: Your wife is being harassed by a drunk, angry fan at a basketball game. She begins to feel threatened, so you scream that you can hurt him while pointing your gun toward him.
• Lack of evidence: You were accused of hitting your girlfriend with your handgun while at a party on Thursday night, but you have evidence that shows you were at your parents’ house.
• Lack of intent: You and a college friend have a wrestling match while at a party, and he hits his head, causing a deep laceration that requires stitches. Your intention wasn’t to hurt him or cause bodily harm.

FAQs

Q: What Is the Optimal Defense Against Aggravated Assault?

A: The optimal defense against aggravated assault varies by case but often includes justification, lack of intent, defending someone else, or lack of evidence. For example, if you were defending yourself, believing you were in imminent harm or danger, and had no other choice but to assault someone to protect yourself, you may have a solid defense.

Q: Can Aggravated Assault Charges Be Dismissed in Texas?

A: Yes, aggravated assault charges can be reduced or dismissed in Texas depending on the discretion of the judge and the skill, strategy, and experience of your lawyer. If your skilled defense lawyer is able to build a solid defense strategy with clear evidence and reasoning, you may be able to have your charges dropped. Another way to have your charges dropped is if the statute of limitations has been exceeded.

Q: What Is the Statute of Limitations for Aggravated Assault in Texas?

A: The statute of limitations for aggravated assault in Texas is no more than two years from the alleged assault. The statute of limitations makes it so that a person cannot bring a case to trial years after the incident, deterring false accusers from making claims. The Texas Court of Criminal Appeals determines the statute of limitations, and in some cases, if the assault has other aggravating factors, the statute of limitations may be increased to five years.

Q: How Common Is Aggravated Assault?

A: Aggravated assault rates are relatively low in Sugar Land, Texas. For example, a 2018 FBI report showed there were only 22 aggravated assaults for a population of about 89,000 people. Aggravated assault is considered an extremely violent crime like robbery, rape, and murder and penalties are often swift and harsh in Texas.

Contact Surginer Stewart, PLLC, Today

If you are charged with aggravated assault, you should consider hiring legal representation today. Our lawyers at Surginer Stewart, PLLC, are ready to handle your case with dignity, competence, and the aggressive pursuit of justice. Do not hesitate to contact our office today for a consultation.