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Houston Aggravated Assault Defense Attorney

Providing Aggressive Legal Representation For The Accused

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 long, 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.

If you or a loved one have been charged with aggravated assault, contact the Cory Roth Law Office of Houston, TX, and ask to schedule an initial consultation to discuss your case and learn what legal options may be available.

What is the Difference Between Assault and Aggravated Assault?

Often, individuals are 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 these 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 Are the Criminal Penalties if a Person is Convicted of Aggravated Assault?

Texas law views aggravated assault as a violent felony, and 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.

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 innovative approaches 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.

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

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.

Therefore, 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.