The Woodlands Aggravated Assault Lawyer

The Woodlands Aggravated Assault Attorney

Aggravated assault is a serious crime in Texas. It can result in serious injury to another person, and the penalties are often swift and harsh. You do not want to fight your case alone. Instead, it may be time to consult with an experienced The Woodlands aggravated assault lawyer.

The Woodlands, with an estimated population of around 120,000, represents about 20% of Montgomery County’s population. The attorneys at Surginer Stewart, PLLC, have been assisting clients in the area in circumstances just like yours for a combined 30 years. Let us assist you in building a defense that can have your charges reduced or dismissed.

What Is Aggravated Assault in Texas?

Assault in Texas involves threatening to cause bodily injury or causing minor injury. Aggravated assault involves a person knowingly:

• Causing serious bodily injury to another person
• Exhibiting or using a deadly weapon
• Both causing serious bodily injury and using a deadly weapon to cause injury

Discharging or using a deadly weapon during an assault is a common form of aggravated assault in Texas. For example, in one case, a man was charged with aggravated assault with a deadly weapon in The Woodlands at Goose Acre pub for shooting three bargoers. Here are other scenarios that may constitute aggravated assault:

• Scenario 1: A man comes home and has a fight with his dating partner. Tempers flare, and the man punches his partner in the face, causing significant bruising and broken teeth.
• Scenario 2: Two men at a bar get into an altercation. One man gets seriously offended by the other, and he proceeds to shove him into a table and hits him with the butt of his pistol.
• Scenario 3: A woman and her friend have an argument. The friend threatens to hurt her, and then does so by hitting her repeatedly, knocking her unconscious.

Penalties for Aggravated Assault in Texas

Aggravated assault in Texas is generally treated as a second-degree felony, specifically for causing bodily injury or for discharging, threatening, or using a weapon during an assault. There are certain cases in which aggravated assault is treated as a first-degree felony, which typically depends on the type of victim, as well as whether injury is caused by a weapon discharge. Examples of victims that constitute first-degree felony aggravated assault include:

• A spouse, dating partner, cohabiting partner, or other family member who is seriously injured
• A security officer, a police officer, or a public servant performing civic duties
• A witness to a crime
• A pregnant person with or without causing an abortion

If you are charged with second-degree felony aggravated assault, you could be facing between 2 and 20 years in prison and pay up to $10,000 in fines. For first-degree felony aggravated assault, the penalty can be up to life in prison. Aggravated assault can be charged as a first-degree felony if the offender recklessly discharges a weapon while inside a vehicle or strangles the victim. An attorney can help you understand the charges against you.

Creating a Defense Strategy

Because of the severity of the crime, it is important for defendants to have a knowledgeable lawyer on their side to increase their chances of an optimal outcome. Your lawyer can investigate your case meticulously, challenging evidence against you while building a strong defense. Common defenses that are available to you if you are charged with an aggravated assault include the following:

• Self-defense: If you committed aggravated assault while defending another, your charges could be reduced or dismissed.
• Defending another person: If your loved one was being attacked or harmed, and you committed aggravated assault to protect or defend them, this may impact the severity of your charges.
• Lack of evidence: If there is not enough evidence that proves you committed aggravated assault, your lawyer may be able to negotiate your sentence.
• Lack of intent: Aggravated assault requires intention or knowingly causing harm. If you did not intend to harm or hurt the victim, you may have a chance to get your charges reduced.
• Necessity: In some cases, a person commits aggravated assault out of necessity, such as if their life was threatened or they are being blackmailed. In this case, it’s wise to have a lawyer explain this to the court.

FAQs

Q: What Is the Average Sentence for Aggravated Assault in Texas?

A: The average sentence for aggravated assault in Texas depends on the severity of the crime and whether or not it is a repeat offense. Aggravated assault in Texas is treated as either a second- or first-degree felony with prison sentences ranging from 2 years to up to life in prison. Aggravated assault sentencing is often determined by the intention of the crime, so if your lawyer can prove a lack of intent, they may be able to get your sentence reduced or dismissed.

Q: How Much Does an Aggravated Assault Lawyer Cost?

A: The cost of an aggravated assault lawyer depends upon various factors, including the skill and experience of your lawyer, the lawyer’s location, and the complexity of your case. More experienced defense lawyers can justify charging a premium, while firms in areas with a higher cost of living tend to be more expensive than others. Likewise, more complex cases tend to require more billable hours.

Q: Can Aggravated Assault Be Dismissed?

A: Yes, aggravated assault can be reduced or dismissed under various circumstances. Whether or not your charges can be dropped is heavily dependent upon the details of your case. Some scenarios where aggravated assault charges may be dismissed include a lack of evidence by the prosecution or their inability to prove intent.

Q: What Is a First Degree Aggravated Assault Charge?

A: There are several examples of first-degree aggravated assault, which is the most serious aggravated assault crime. These include assaulting a police officer, a public servant while on duty, and assaulting a spouse, former spouse, or other family member. First-degree felony assault may result in serving up to life in prison and $10,000 in fines.

How Surginer Stewart, PLLC, Can Help

If you are charged with aggravated assault, it may be hard to find someone to be on your side. At Surginer Stewart, PLLC, we are skilled lawyers who are unafraid to defend your rights and build you a solid defense. We understand that everyone makes mistakes and deserves a fair chance at freedom. Contact us today for a consultation to learn more about what we can offer you.