If you are facing assault charges, call an experienced criminal defense attorney right away. Even if the prosecutor brings a misdemeanor charge, assault is a violent crime, and having a violent crime conviction on your record could have far-reaching consequences.

A McKinney assault lawyer can investigate your arrest and the facts surrounding the incident to identify all possible defenses available to you. Do not try to beat the charge alone. Rely on the experienced defense attorneys at Barbieri Law Firm, P.C to obtain a favorable outcome.

Misdemeanor Assault Covers a Range of Actions

Under Texas Penal Code §22.01, an individual could face simple assault charges if they intentionally, knowingly, or recklessly caused another person bodily injury.

Purposefully threatening someone with physical contact that they could fear would cause an injury is also simple assault under the law. Intentionally making physical contact that the person would find offensive is also legally considered assault.

Under the law, someone could commit an assault without making physical contact with the alleged victim. However, the alleged assailant’s actions must have caused the alleged victim a reasonable fear that they would experience physical harm. Inadvertent touching or contact that the accused had no reason to believe would be unwelcome are not assaults according to this statute.

Prosecutors could bring a Class A misdemeanor assault charge if the alleged incident involved a vulnerable victim such as an elderly or disabled person or caused significant bodily injury. A conviction for a Class A misdemeanor could lead to fines as high as $4000 and up to one year in jail.

Aggravated Circumstances Could Lead to Felony Assault Charges

The law describes numerous aggravating circumstances that increase the severity of an assault charge and its potential consequences. Prosecutors could charge felony assault if the alleged victim is a spouse or police officer, or if the incident occurred at a sporting event. Alleged assaults involving firearms or other weapons are automatically deemed aggravated assaults. When an alleged assault involved choking or attempting to strangle a family member, a prosecutor could bring felony assault charges.

Assault could be a third, second, or first-degree felony, depending on the surrounding circumstances. Any felony assault conviction could lead to hefty fines and significant jail time. A McKinney assault attorney could discuss the potential penalties in more detail and how to avoid them during an initial meeting.

Defenses to Assault Charges

A diligent assault lawyer in McKinney must always confirm that the police collected any evidence the prosecutor intends to use legally. If the police failed to respect the accused’s Constitutional rights, the defense can file a motion to suppress all the evidence the police obtained illegally.

The defendant’s intent is an essential element in proving an assault occurred. The prosecutor must prove the accused intended to cause bodily injury, engage in offensive contact, or purposefully put another person in fear of imminent injury. The defense can challenge the prosecutor’s evidence of intent. If their case or evidence is weak, a prosecutor might drop or lower an assault charge rather than risk an acquittal at trial.

Self-defense is another common defense to assault charges. However, self-defense is an affirmative defense, meaning that the accused must prove the elements of the defense for it to absolve them of the crime. The accused must prove that they reasonably believed force was necessary to protect themselves, their property, or others, and used no more force than necessary to defend themselves. They also must show that they did not incite the attack and they were not committing a crime when it occurred.

Rely on a McKinney Assault Attorney to Defend Your Rights

When facing a charge that carries a potential prison sentence and a record as a violent criminal, you need a seasoned advocate to present your case. A local legal professional can use all their experience to obtain the most favorable result available to you under the circumstances.

A McKinney assault lawyer can be by your side throughout the proceedings, ensuring you know what is going on with the case and what to expect at every turn. Schedule a consultation with the dedicated team of attorneys at Barbieri Law Firm, P.C as soon as possible after your arrest.

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