Frisco, TX Simple Assault Lawyers

Knowledgeable Attorneys Helping Clients Address Charges of Simple Assault in Frisco, Texas

Accusations of assault can arise in a wide range of situations. Arguments may escalate, or people may become involved in physical confrontations, and even minor altercations that do not result in any visible injuries could serve as the basis for assault charges. Even though simple assault may seem like a relatively low-level offense compared to an offense like aggravated assault with a deadly weapon, a conviction can still carry serious criminal penalties and long-lasting consequences.

The attorneys at Barbieri Law Firm understand the issues that may affect assault charges and the complex factors that may be involved in these cases. We provide our clients with practical defense strategies, working to protect their rights and limit the impact that these charges may have on a person's future.

How Simple Assault Is Defined Under Texas Law

Assault is defined under Section 22.01 of the Texas Penal Code. A person may be charged with assault for engaging in any of the following acts:

• Intentionally injuring someone or acting recklessly in a way that resulted in a bodily injury
• Purposely threatening to inflict a bodily injury on someone
• Intentionally coming into physical contact with another person in a way that the person considers to be provocative or offensive

Texas law does not require that an injury be serious in order for a person to be charged with assault. In fact, even minor harm, such as a bruise or the infliction of pain, may be enough for prosecutors to pursue charges. In fact, physical injuries are not necessary, and a person could face assault charges based on a threat of harm or offensive contact.

Penalties for Simple Assault in Texas

An assault offense involving a bodily injury may result in Class A misdemeanor charges. A person who is convicted could be sentenced to up to one year in jail, fined a maximum of $4,000, or both. In cases involving accusations of threats of harm or offensive contact, assault is usually classified as a Class C misdemeanor, which is punishable by a fine of up to $500 but does not carry jail time.

However, certain circumstances can lead to enhanced penalties, including:

• Assault family violence, which may include any form of assault against a family member, romantic partner, or household member
• Assault against a public servant or emergency worker, including a police officer, emergency medical technician, or firefighter who is on duty
• Assault against a doctor, nurse, or another person working at a hospital

In many cases, these forms of assault may lead to felony charges. Assault against police officers is taken especially seriously, and prosecutors will often seek harsh penalties in these cases.

Why Simple Assault Charges Should Be Taken Seriously

Many people assume that because simple assault is usually charged as a misdemeanor, a person will not face serious consequences. However, a conviction can have a lasting impact on a person. It may lead to:

• A criminal record that appears on background checks
• Difficulty obtaining or keeping a job
• Loss of the right to possess firearms in certain cases
• Child custody or immigration complications
• Ineligibility for certain professional licenses or certifications

Even a Class C misdemeanor, while not punishable by jail time, can damage a person's record. A misdemeanor conviction on a person's record can cause future criminal charges to become more serious.

Defending Against Assault Charges

At Barbieri Law Firm, our attorneys will take a detailed approach when developing defense strategies for clients who have been charged with assault. We will gather evidence, review witness statements, and identify violations of our client's rights. Every detail matters when challenging an assault charge. Some of the strategies we may use include:

• Self-Defense: Texas law permits a person to use reasonable force to protect themselves from harm. If a person acted to defend themselves or another person from another person's actions, this may serve as a defense to an assault charge.
• Lack of Intent: The prosecution must prove that the defendant acted intentionally or recklessly. If the incident was accidental, or if a person's actions were misinterpreted, we can take steps to show that there was no intent to cause harm.
• Insufficient Evidence: In many assault cases, there may be no witnesses other than the alleged victim and the accused. Our attorneys may challenge the credibility of the accuser, highlight inconsistencies in their statements, or demonstrate that there is a lack of physical evidence showing that the alleged assault occurred.

Our legal team will also evaluate the possibility of reducing charges or seeking alternative resolutions. In some cases, clients may be eligible for deferred adjudication, pretrial diversion programs, or the dismissal of charges when certain conditions have been met.

Real-World Results in Assault Cases

In one example of a successful defense against assault charges, our client was facing serious charges related to a domestic dispute. Our attorney recognized that the situation was more complex than the police report suggested, and we reached out to the alleged victim, who stated that they did not want to press charges. We guided them through the process of preparing an Affidavit of Non-Prosecution, ensuring that it was clear, detailed, and voluntary.

Once the affidavit was submitted, we worked with the prosecution to highlight a lack of intent and the absence of an ongoing threat. As a result, the case was dismissed, sparing our client from a criminal conviction and the collateral consequences they would have faced.

Contact Our Frisco, Texas Simple Assault Defense Attorneys

When facing charges of assault, your best course of action is to get legal help from an attorney as soon as possible. The sooner you get in touch with Barbieri Law Firm, the more options we may have to help you protect your rights and fight the charges. We will assess your situation, explain your options, and build a strong defense strategy designed to help you achieve the most favorable outcome possible. Contact our Frisco simple assault lawyers at 972-424-1902 to arrange a free consultation and begin building your defense.