Assault covers a wide assortment of violent behavior, and punishment varies depending on the circumstances. However, any conviction can have serious implications for your future, so it is imperative to secure an adept criminal attorney for assistance. By entrusting your case to a driven Frisco assault lawyer at Barbieri Law Firm, you may obtain a more favorable resolution to your case.

What Qualifies as Assault in Frisco?

Under state law, assault refers to crimes of violence, but it does not require physical contact to establish illegal conduct. Under Texas Penal Code Annotated § 22.01, threatening behavior that puts another person in reasonable fear of being the subject of an attack will suffice. The alleged victim’s trepidation and the accused’s ability to complete the act could be enough to support a conviction. Additionally, even when contact does occur, bodily injury is not required.

The level of violence and the injuries sustained dictate the severity of the charges. State law divides assault into two categories: simple and aggravated. The more severe the behavior and injury are, the likelier the accused individual is to face aggravated assault charges. Assault law can be complex, so it is imperative to consult a knowledgeable lawyer in Frisco right away to avoid facing the most severe of these charges.

Simple vs. Aggravated Assault

The lowest level of assault is referred to as simple assault, and it is a misdemeanor. As outlined in Tex. Penal Code Ann. § 22.01(b) – (f), varying circumstances elevate the charge to a felony, or aggravated assault. For example, prosecutors generally indict on aggravated assault if the subject of the violence is any of the following:

  • Family member or romantic partner
  • Member of law enforcement
  • Security personnel
  • First responder or public servant fulfilling their duties
  • Sporting event participant
  • Pregnant individual

Possessing a gun or other weapon during the incident may also increase the charge to a felony. After investigating the circumstances of an assault case, a well-versed attorney could work with an individual and the prosecutors to dismiss or reduce charges, arrange plea deals, and, if necessary, present a persuasive defense in a Frisco trial.

Punishment Depends on the Level of Offense

Tex. Penal Code Ann. §§ 12.21 through 12.23 identify the fines and jail times associated with varying misdemeanor charges. Tex. Penal Code §§ 12.31 through 12.35 do the same for felonies.

Misdemeanor assault is either a Class A, B, or C offense. Punishments start at $500 fines for Class C and escalate to maximum fines of $4000 and jail terms not exceeding one year for Class A. Further, the law distinguishes three degrees of felony assault—first through third—with first being the most serious.

Third-degree offenses receive sentences of two to 10 years in prison and up to $10,000 in fines. Those convicted of first-degree assault may face fines not exceeding $10,000 and five years to life imprisonment. The defenses raised to undermine the state’s case vary and are tightly linked to the facts of the case.

Plan Your Defense Strategy with an Established Frisco Assault Attorney

Because there is much at stake, you do not want to trust your freedom and future to an attorney with little experience defending against assault charges. Professional Frisco assault lawyers regularly handle such cases and have a dedicated support staff ready to investigate and put in place the right defense approach for you. Call our office today to schedule an initial case review.

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