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Building a Strong Defense for Assault with a Deadly Weapon in Houston
Aggravated assault with a deadly weapon is a serious criminal offense in Houston, Texas. If you or a loved one is facing aggravated assault charges, it is crucial to have a skilled defense attorney on your side. At our law firm, we specialize in providing aggressive defense strategies 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 discuss your legal options.
How is Assault Defined Legally?
Assault with a deadly weapon is a category of assault. The actual, full offense is considered ‘aggravated assault with a deadly weapon’ and occurs when a deadly weapon is used during an act of assault.
In Texas, aggravated assault with a deadly weapon is a criminal offense defined as intentionally, knowingly, or recklessly causing serious bodily injury to another person or using or exhibiting a deadly weapon during the commission of an assault.
To break this down even further, an assault is defined by the state of Texas as intentionally, knowingly, or recklessly causing bodily injury to another. Assault can also include threatening to cause imminent harm to another.
This means that simply brandishing a weapon and threatening someone can land you with an aggravated assault with a deadly weapon charge.
What Are Some Examples of a Deadly Weapon?
The State of Texas defines a deadly weapon as a firearm or anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury. Anything that, in the manner of its use or intended use, is capable of causing death or injury.
This means that things like guns and knives are obviously considered deadly weapons. However, things like bats, pipes, chains, axes, and any other improvised weapons are considered deadly weapons if they were used in a fashion that was meant to cause serious bodily injury or death. For example, pillows, ropes, fists, vehicles, and countless other items can be considered deadly weapons depending on how they are used.
It is important to note that if you were charged with assault with a deadly weapon, but the weapon you were accused of using is not listed here, it does not mean you can’t be stuck with the aggravated assault charge. The courts only care about whether or not the weapon was used or threatened to be used in a potentially deadly manner.
What Steps Should You Take If Charged with Assault with a Deadly Weapon?
If you find yourself facing charges of assault with a deadly weapon, taking immediate and informed action is crucial. First and foremost, refrain from discussing the details of your case with anyone other than your attorney. Anything you say can be used against you in court, so it’s essential to exercise your right to remain silent.
Next, contact an experienced criminal defense attorney as soon as possible. They will provide you with the guidance needed to navigate the legal process and help you understand your rights and options. Your attorney will advise you on the best course of action, whether it involves negotiating a plea deal, preparing for trial, or exploring alternative resolutions.
Additionally, gather any evidence or documentation that may support your defense, such as witness statements, photographs, or video footage. This information can be invaluable in building a strong case. Remember, time is of the essence, so acting quickly and decisively is key to protecting your future.
What Are Some Common Defenses When Facing an Assault With A Deadly Weapon Charges?
The most common defense available to someone who has been accused of assault with a deadly weapon is usually self-defense. If the accused can prove that they were in a position where they were forced to defend themselves or others from the actions of an aggressor, then they may be able to have the charges no-billed by a grand jury, dismissed by the prosecutor, or be found not guilty at trial at the conclusion of a judge or jury trial.
In Texas, a person is justified in using force against another:
- When and to the degree the actor reasonably believes
- The force is immediately necessary to protect the actor against the other’s
- Use or attempted use of unlawful force.
- The person’s belief that force was immediately necessary is presumed to be reasonable if the actor:
- knew or had reason to believe that the person against whom the force was used
- unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
- unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment, or
- was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery;
- did not provoke the person against whom the force was used; and
- was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
- knew or had reason to believe that the person against whom the force was used
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
This means that if you have been accused of assault with a deadly weapon, but you believe that you were forced to defend yourself, you did not instigate a hostile interaction. Someone accused of assault with a deadly weapon can also claim that they were put into a position where they felt they needed to defend others around them. This is called the defense of a third person. The above bases must still be true, plus the actor must reasonably believe that his intervention is immediately necessary to protect a third person.
Another defense is consent. Suppose multiple people agree to an activity where there is a decent likelihood of bodily injury, and the activity itself is legal. In that case, you are generally protected from legal charges as a result of injuries. The defense of consent is also known as ‘mutual combat’ in Texas.
For example, let’s say you and your friends are playing a game of basketball. You all go into the game aware that injuries are a real possibility. If an accident as a result of the game should occur and someone catches an elbow to the nose, they cannot seek criminal charges because they were aware of the possibility of injury. Or if two people agree by words or conduct to fight, there is no assault. If you think back to country western movies, a shootout duel between two bad guys is another great example of mutual combat.
Of course, the very best outcome can be blamed on a simple case of mistaken identity or, even more simply, that an aggravated assault never even took place. Perhaps you were in the wrong place at the wrong time and did not have anything to do with a situation where a deadly weapon was used. Yet, in the commotion, you are pinned as the person who was the aggressor. If you can prove that you were not the person committing the crime, then, of course, your charges will be dropped.
What Are the Potential Consequences of a Conviction for Assault with a Deadly Weapon?
Being charged with assault using a deadly weapon in Texas is a serious matter, and understanding the potential repercussions is crucial. Being found guilty may result in harsh consequences, including substantial fines and long-term incarceration. In the state of Texas, using a deadly weapon in an aggravated assault is generally classified as a felony of the second degree, carrying a possible prison sentence ranging from 2 to 20 years and fines up to $10,000. However, in certain circumstances, such as when the assault is directed at a public servant or involves a family member, the charge could be elevated to a first-degree felony, resulting in even harsher penalties.
Beyond the immediate legal consequences, a conviction can have long-lasting effects on your life. Your chances of securing a job might be affected, as employers perform background checks and could be reluctant to employ an individual with a felony record.
Additionally, it can affect your housing opportunities, educational prospects, and even your ability to own firearms. Recognizing these possible results underscores the necessity of building the best defense.
What Are the Long-Term Implications of an Assault with a Deadly Weapon Charge?
Being charged with assault using a deadly weapon can result in serious outcomes that go beyond the immediate legal implications. A conviction can severely impact various aspects of your life, creating challenges that may persist long after serving a sentence or paying fines. One of the most significant long-term implications is the effect on your criminal record. A felony conviction remains on your record indefinitely, posing challenges in finding a job, since employers hesitate to hire those with a criminal history. This can limit your career opportunities and hinder your ability to achieve financial stability.
Moreover, a conviction can affect your personal relationships and social standing. Friends and family may view you differently, and the stigma associated with a felony charge can lead to isolation and strained relationships. Additionally, you may face restrictions on your civil rights, such as the right to vote or own firearms or ammunition.
Can You Expunge or Seal an Assault with a Deadly Weapon Conviction?
In Texas, whether a criminal record can be expunged or sealed hinges on the type of offense and the case’s resolution. Expungement, which completely removes an arrest or conviction from your record, is not available for felony convictions like assault with a deadly weapon. However, you may be eligible for an order of nondisclosure, which seals your record from public view, under certain conditions.
To qualify for an order of nondisclosure, you typically must have successfully completed deferred adjudication probation and met other specific requirements. Consulting with a knowledgeable criminal defense lawyer is crucial to assess your eligibility and guide you through the intricate legal procedures required to obtain an order of nondisclosure. While this won’t erase the conviction entirely, it can significantly improve your ability to find employment and housing by limiting access to your criminal record.
How Can an Experienced Attorney Help in Your Defense?
Having an experienced attorney, such as Attorney Cory Roth, by your side can make a significant difference in the outcome of your case. A skilled lawyer will thoroughly investigate the circumstances surrounding your charges, gathering evidence and identifying weaknesses in the prosecution’s case. We will work to build a robust defense strategy tailored to your specific situation, whether it involves proving self-defense, mistaken identity, or another applicable defense.
An attorney can also negotiate with prosecutors on your behalf, potentially securing a dismissal, or plea deal that reduces the charges or penalties you face. We will ensure that your rights are protected throughout the legal process and provide guidance and support as you navigate the complexities of the criminal justice system. With their knowledge and skill, you can have a better chance of achieving a favorable outcome.
What Should You Look for in a Criminal Defense Attorney?
Choosing the right criminal defense attorney is crucial when facing serious charges like assault with a deadly weapon. You should look for an attorney with extensive experience in criminal law, particularly in handling cases similar to yours. An attorney with a proven track record in defending assault cases will have the knowledge and skills necessary to build a strong defense strategy.
Additionally, consider an attorney’s reputation and client reviews. Positive testimonials and a history of successful case outcomes can provide insight into their effectiveness and dedication to their clients. However, don’t be tricked by law firms that have so many reviews that make the firm look too good to be true. Other law firms pay former clients and others to write fake reviews to take advantage of potential new clients. Our law firm does not do this. It’s also important to find an attorney who communicates clearly and regularly, keeping you informed about the progress of your case and explaining complex legal concepts in an understandable manner.
Finally, ensure that your attorney is someone you feel comfortable working with, as trust and open communication are essential to a successful attorney-client relationship. By choosing a qualified and compassionate attorney, you can increase your chances of achieving a favorable outcome in your case.
Why Choose the Cory Roth Law Office for Your Defense?
At Cory Roth Law Office, we understand the gravity of facing an assault with a deadly weapon charge and the impact it can have on your life. Our team is committed to providing personalized and aggressive defense strategies tailored to your unique situation. With extensive experience in criminal defense, we have a deep understanding of Texas law and the nuances of assault cases.
We prioritize open communication and work closely with our clients to ensure they are informed and involved in every step of the legal process. Our goal is to protect your rights and achieve the best possible outcome for your case. If you or a loved one is facing an assault with a deadly weapon charge in Houston, contact us at 832-400-4133 for a consultation. Let us help you navigate this challenging time with confidence.
