Fighting to Protect Your Freedom
If you have been charged with the serious crime of assault and battery, you must hire an experienced criminal defense lawyer immediately. An assault charge should always be handled by a skilled attorney with extensive experience with the Texas criminal justice system.
If convicted of an assault and battery charge, an individual could be forced to deal with negative lifelong consequences, including being branded a convicted felon. If a person is convicted of a felony aggravated assault charge, it could prevent them from being able to legally own a firearm, vote, enlist in the military, or attend the college of their choice.
Furthermore, even a misdemeanor assault conviction could make it challenging for a person to obtain gainful employment or find suitable housing.
Therefore, if you have been arrested for an alleged assault, contact the Cory Roth Law Office, and ask to schedule a consultation to discuss your case. We will be happy to sit down with you to review your case and determine what legal options may be available.
What is Considered Assault and Battery?
Texas is unlike other states that separate assault charges from battery charges. In other states, assault charges usually involve one person threatening the other with serious bodily harm and battery, a physical act that results in harm.
Instead, the Texas penal code combines assault and battery into one singular charge. As a result, individuals can face assault charges even if they never physically touched the other person.
Individuals can be charged with assault and battery for any of the following reasons:
- The alleged perpetrator intentionally caused bodily injury to their spouse, family member, or another person due to reckless behavior.
- The alleged perpetrator knowingly threatened their spouse, family member, or another person with physical harm.
- The alleged perpetrator made unwanted physical contact with another person, making them uncomfortable.
A first-degree felony assault charge could result if the perpetrator committed the offense against a government official, household member, family member, witness, or security guard. Additionally, if the assault and battery involve serious bodily injury against a child, elderly, or disabled person, they will be charged as a first-degree felony assault. If serious bodily injury results from using a deadly weapon, the defendant can face a second-degree aggravated assault charge.
Texas law defines a deadly weapon as any object that can potentially cause a lethal physical injury and includes using a blunt or heavy object or running another person over with a motor vehicle.
What Are the Criminal Penalties For Assault and Battery?
If a person is convicted of aggravated assault charges, they could face considerable time in jail or prison. In addition, the court could also order that the defendant reimburse the medical expenses they have incurred due to the assault.
Some of the criminal penalties for assault charges include:
- Simple assault: Usually charged as a class C misdemeanor, assault typically carries a penalty of up to a $500 fine.
- Class B misdemeanor: A sentence of up to 180 days in jail and a fine ranging up to $2,000.
- Class A misdemeanor: A sentence of up to one year in the county jail and a fine ranging up to $4,000.
- Third-degree felony assault: A sentence of up to 10 years in prison and a fine of up to $10,000.
- Second-degree felony assault: A sentence of 2 to 20 years in prison and a fine of up to $10,000.
If a deadly weapon were used in the commission of the crime, the assault and battery charges could be bumped up to first-degree felony assault charges. First-degree felony assault charges carry a sentence of 5 years to life in prison. Additionally, prior convictions for assault and battery can play a considerable role in the court’s sentence.
Why Do I Need to Hire a Houston Criminal Defense Attorney?
When individuals become involved with the Texas criminal justice system, they often feel overwhelmed and uncertain about the future. If you are facing criminal charges, you may have heard a lot of advice from several sources.
However, it is always best to hire a highly experienced criminal defense attorney who can fight to protect your freedom. Often, a police officer quickly arrests someone if the alleged victim, such as a dating partner, claims they were assaulted.
However, not all assault cases are so clear cut as often the alleged victim may not tell the truth or be a case of self-defense. Sadly, in some domestic violence cases, the accused is actually a victim who has been wrongfully accused.
Regardless of the circumstances surrounding your assault and battery charge, you must have qualified legal representation. You cannot afford to go into criminal court with a highly trained criminal defense lawyer who will act as your legal advocate with the prosecution.
In many instances, the Cory Roth Law Office has obtained favorable results for clients through negotiations with the prosecutor. Nevertheless, Cory Roth is a client-centered trial lawyer fully prepared to take your case to court if necessary.
Your I Depend on Your Law Firm to Provide Me With Quality Legal Representation?
The Cory Roth Law Office understands that, often, good people make poor choices in the heat of the moment. If you or a loved one have been charged with assault and battery, you must hire an attorney who can provide you with quality legal representation.
Texas takes a dim view of any type of assault. Still, if you have been accused of assault and battery on an elderly person, sports official, or emergency services personnel, you could face even harsher penalties.
Cory Roth recognizes that the government does not always tell the truth. As a result, people are often left to fight simple assault or aggravated assault charges in criminal court. If we agree to take your case, the first step will be to thoroughly examine the state’s case and look for any weaknesses that may be present. Next, we will investigate by interviewing witnesses and examining any evidence that may be available. Finally, we will determine a defense strategy to provide the most favorable results for your situation.
Contact the Cory Roth Law Office in Houston, TX, at 832-400-4133 and ask to schedule an initial consultation to discuss your case and answer any questions.