Houston Aggravated Assault Defense Attorney

Defending Your Rights Against Aggravated Assault Charges

If you have been arrested and charged with the serious crime of aggravated assault, you must hire a criminal defense lawyer immediately. Aggravated assault is a felony in Texas, and a conviction can result in negative long-term consequences. A felony criminal record can prohibit you from legally owning a firearm, enlisting in the military, obtaining a loan, and finding gainful employment. For these reasons, you must hire an experienced criminal defense attorney to thoroughly evaluate your case and determine a legal strategy to obtain favorable results.

At our law firm, we are dedicated to providing aggressive representation to protect your rights and fight for the best possible outcome in your case. Contact the Cory Roth Law Office today at 832-400-4133 to schedule a consultation and learn how we can help you.

What is the Difference Between Assault and Aggravated Assault?

Individuals are often confused about the difference between assault and aggravated assault. Assault can occur in three ways, which are chargeable offenses under Texas law. These three ways include knowingly, recklessly, or intentionally committing the following acts:

• Threatening another person with bodily harm.
• Causing bodily injury to another person.
• Purposely making bodily contact with another person when the perpetrator knows the contact would be viewed as provocative or offensive.

Even though the above are less severe forms of assault, they could still be charged as a misdemeanor.

A charge can be upgraded to a second-degree felony of aggravated assault if the following legal criteria exist:

• The victim suffered serious bodily injury.
• The perpetrator uses a weapon in the commission of the assault along with the previously described conditions that constitute assault.

If the perpetrator uses a deadly weapon against a family member to commit an aggravated assault, which results in serious injuries, the charges are then upgraded to a first-degree felony. Other factors that can result in the charges being upgraded include:

• The perpetrator commits an aggravated assault against a police officer or other public servant.
• The perpetrator discharges a firearm from a vehicle at another motor vehicle, building, or dwelling and causes serious bodily injury to the victim.
• The perpetrator committed an aggravated assault in retaliation against a witness, informant, or individual who reported a crime.

Any assault charge should be taken seriously; however, if the crime has been upgraded to aggravated assault, you must hire a skilled attorney from the Cory Roth Law Office who can prepare a defense strategy that will help you protect your freedom.

What Should You Do Immediately After Being Charged with Aggravated Assault?

Facing an aggravated assault charge can be overwhelming, and the steps you take immediately after being charged can significantly impact the outcome of your case. First and foremost, it is crucial to remain calm and refrain from discussing the details of your case with anyone other than your attorney. Anything you say can potentially be used against you in court. Contact the Cory Roth Law Office as soon as possible to secure legal representation. Our experienced attorneys will guide you through the legal process, ensuring that your rights are protected at every stage.

What Role Does Intent Play in Aggravated Assault Cases?

Intent is a critical factor in aggravated assault cases. Prosecutors must prove that the defendant acted with the intent to cause serious bodily harm or used a deadly weapon during the assault. Demonstrating intent can be complex, as it often involves examining the defendant’s state of mind at the time of the incident. An experienced defense attorney can challenge the prosecution’s evidence of intent, potentially weakening their case. At the Cory Roth Law Office, we meticulously analyze all aspects of your case to identify weaknesses in the prosecution’s arguments and build a robust defense strategy.

What Are the Criminal Penalties if a Person is Convicted of Aggravated Assault?

Texas law views aggravated assault as a violent felony. Convicted individuals can face a significant amount of time in jail or prison.

State law stipulates the following sentencing guidelines for aggravated assault convictions:

• A first-degree felony in Texas is punishable by a term of 5 to 99 years in prison and a fine of up to $10,000.
• A second-degree felony is in Texas punishable by a term of 2 to 20 years in prison and a fine of up to $10,000.

In addition, anyone convicted of aggravated assault can be required to pay restitution to the victim. Restitution typically includes reimbursing the victim for any damages they suffered, such as the cost of medical treatment, mental health counseling, and property damage.

However, the court has the legal discretion to grant alternatives to jail or prison time. Depending on the circumstances involved in the aggravated assault, the judge may order the defendant to be placed on probation. Probation may be ordered for up to 10 years for any felony charge. Additionally, the judge may order that the defendant serve 180 days in jail before beginning probation.

If you have been charged with aggravated assault, you stand a more significant chance of having your charges reduced or being sentenced to probation if you have a skilled criminal defense lawyer on your side. The Cory Roth Law Office has a proven record of obtaining positive results for clients accused of violent offenses.

How Can an Aggravated Assault Charge Affect Your Future?

An aggravated assault conviction can have far-reaching consequences beyond legal penalties. A felony record can severely limit your employment opportunities, as many employers conduct background checks and may be hesitant to hire someone with a criminal history. Additionally, a conviction can affect your ability to secure housing, obtain loans, or pursue higher education. It may also impact your personal relationships and reputation within the community. Understanding these potential repercussions underscores the importance of mounting a strong defense with the help of a skilled attorney from the Cory Roth Law Office.

Can Aggravated Assault Charges Be Reduced or Dismissed?

While aggravated assault charges are serious, there are circumstances under which they can be reduced or dismissed. Factors such as lack of evidence, procedural errors, or compelling defense arguments can lead to a favorable outcome. For instance, if it can be demonstrated that the alleged victim’s injuries were not as severe as claimed, or if there is evidence that the defendant acted in self-defense, the charges may be reduced. The Cory Roth Law Office is dedicated to exploring every possible avenue to achieve the best outcome for our clients, whether through negotiation or trial.

What Steps Can Be Taken to Rebuild Your Life After an Aggravated Assault Charge?

Rebuilding your life after facing an aggravated assault charge can be challenging, but it is possible with the right support and resources. If you are acquitted or have your charges reduced, focusing on personal growth and rehabilitation can help you move forward. This may involve seeking counseling, pursuing educational opportunities, or engaging in community service. If convicted, exploring options for expungement or record sealing in the future can help mitigate the long-term impact of a criminal record. The Cory Roth Law Office not only provides legal defense but also offers guidance on steps you can take to rebuild and reclaim your life post-trial.

Are There any Defenses to Aggravated Assault?

Due to the serious nature of aggravated assault charges, individuals facing these charges must hire a highly trained attorney who understands criminal law and can use the necessary tools to reduce or possibly dismiss the charges.

However, there are also additional defense strategies that a skilled attorney can present, which include:

• Self-defense, defense of others, or defense of property.
• The alleged victim had an unreasonable belief that they were in danger of bodily harm.
• The defendant could not reasonably know that the victim would perceive the physical contact as being provocative or offensive.
• Both the defendant and the victim were mutual combatants involved in a physical altercation against one another.

If you still have questions about possible defenses to aggravated assault, contact our Houston law office, and ask to schedule a consultation with a qualified legal team member who will gladly answer your questions.

What Evidence is Crucial in Defending Against Aggravated Assault Charges?

In defending against aggravated assault charges, gathering and presenting the right evidence is crucial. This may include eyewitness testimonies, surveillance footage, and medical records. Eyewitnesses can provide accounts that support the defendant’s version of events, while surveillance footage can offer objective evidence of what occurred. Medical records can be used to challenge the severity of the alleged victim’s injuries. Additionally, behavioral analysts can provide insights into the circumstances of the incident, such as the use of force or the defendant’s mental state.

At the Cory Roth Law Office, we work diligently to collect and present compelling evidence to support your defense. Each piece of evidence can be instrumental in constructing a defense that not only challenges the prosecution’s case but also reshapes the narrative in favor of the defendant.

How Does the Legal Process Unfold in Aggravated Assault Cases?

Understanding the legal process in aggravated assault cases can help alleviate some of the anxiety associated with facing charges. After an arrest, the defendant will have an initial appearance before a judge, where bail may be set. This is followed by a series of pre-trial hearings, during which the defense and prosecution exchange evidence and negotiate potential plea deals. If the case goes to trial, both sides will present their arguments, and a jury or judge will determine the verdict. 

Understanding the defendant’s psychological state at the time of the alleged assault can be pivotal in aggravated assault cases. A comprehensive defense often includes a psychological evaluation to assess the defendant’s mental state, which might reveal significant factors like self-defense instincts triggered by perceived threats or reactions under extreme stress. Psychological testimony can help clarify the intentions and behaviors of the defendant, providing the jury with insights into any existing mental health issues, the impact of stress or trauma, and the overall context of the defendant’s actions. This evidence is crucial in helping jurors understand the complexities behind the defendant’s actions and can be a determining factor in the outcome of the trial. Throughout this process, the Cory Roth Law Office provides steadfast representation, ensuring that your rights are upheld and that you receive a fair trial.

When Should I Hire a Criminal Defense Lawyer to Handle My Aggravated Assault Charge?

Selecting the right attorney can make a significant difference in the outcome of an aggravated assault case. A knowledgeable and experienced attorney understands the nuances of criminal law and can craft a defense strategy tailored to the specifics of your case. They will also have the skills to negotiate with prosecutors and the tenacity to advocate for you in court. At the Cory Roth Law Office, our attorneys are committed to providing personalized and aggressive representation, leveraging their skill to protect your future and achieve the best possible results.

Why is Choosing the Right Attorney Critical in Aggravated Assault Cases?

If you have been charged with the serious crime of aggravated assault, you must hire an experienced criminal defense lawyer immediately. Unfortunately, some individuals make the mistake of waiting to obtain legal representation.

However, hiring an attorney as soon as possible is always the best option, as they can get a quick start on your case and determine possible legal options. When an attorney comes into a case late, they must play catch up to familiarize themselves with the facts and circumstances involved.

As a result, your case could be delayed considerably as your attorney tries to obtain police and witness reports or other pertinent legal documentation.

It is in your best interest to hire an attorney immediately after being charged with aggravated assault. The Cory Roth Law Office of Houston, TX, is dedicated to assisting clients charged with violent offenses and would be honored to assist you with your legal issues. Contact our law office at 832-400-4133 and ask to schedule a case evaluation.