agg assault texas

Agg Assault Texas - According to the Texas Penal Code, when you injure someone, you commit assault. Actually, you are

This is in contrast to many other states, which typically impose a separate "battery" charge if you consider the personal contact to be indecent or provocative. Both are considered assault in Texas.

Agg Assault Texas

In order for someone to be sued, they must be proven negligent. "Silence" is something that is not necessarily done.

Aggravated Assault With A Motor Vehicle Lawyer

Harming another but still poses an unfair risk or is done with full consideration of the possibility of some injury.

In most cases, unless you have a previous conviction for similar charges, you will simply be sentenced.

However, there are certain elements that can lead to serious felony charges, and in today's post we want to talk about those elements and how they affect how your crime will be charged, tried, and punished.

If the assault includes any of the following elements, your charges will automatically be classified as aggravated assault. If you have been charged with aggravated assault and one of these elements is not clearly stated in your charges, an attorney can review them and help you understand your best course of action.

What You Need To Know About Posting Bail For Assault Charges In Texas

Assault with a deadly weapon. Under Texas law, any object designed or adapted to cause serious bodily injury or death can be considered a deadly weapon. There are the obvious things like guns, knives, and ropes, but some body parts like cars, baseball bats, or teeth or fists must be proven to be adapted or used as deadly weapons.

Physical damage is not required to attack you. It is enough to brandish the weapon in such a way that the victim believes that he is in fear for his safety.

So, whether it's a physical attack or just a threat - if they involve a deadly weapon, you have the potential to face aggravated assault charges.

The attack caused serious injuries. The Texas Penal Code defines serious bodily injury as an injury that results in "death or a serious threat of death, permanent disfigurement, or long-term loss or impairment of the function of any body part or organ."

What To Do After Being Arrested For Aggravated Assault In Texas

Often our thoughts go straight to things like broken bones, gunshot wounds, or stab wounds. Anything that can cause large scars or blemishes. However, a blow to the side of the head that results in traumatic brain injury or permanent hearing loss may be considered an aggravated assault, which may result in more serious injury.

Assault on public servants or government officials. The law is clear about who is protected under the Texas Penal Code and when.

These measures are, for example, if you have an altercation with a police officer and you should definitely seek the advice of an experienced lawyer.

Simple assault usually carries a Class C misdemeanor charge (or Class A for an elderly or disabled person), so most offenders pay up to $500 in fines.

Lil Reese Arrested Again For Aggravated Assault

However, penalties for misdemeanors can range from a few hundred dollars and a few months in jail to a year behind bars and fines of up to four thousand. For lower-level felony charges, you face 10 to 20 years in prison and a fine of up to $10,000.

Quite a difference, isn't it? Simply put, adding an aggravating factor to your assault charge can mean the difference between a slap on the wrist and decades in prison.

Jeff Hampton began practicing criminal law in Texas in 2005 after receiving his Juris Doctor from the University of Houston Law Center. Before becoming a lawyer, he worked as a prosecutor for the Tarrant County District Attorney's Office. doubts the arguments that can be used against his clients. Throughout his career, he has helped countless Texans defend their rights and obtain the best possible outcome in their criminal cases. His talent has earned him recognition as a top consultant by National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Best Criminal Defense Lawyer, Best DUI & DWI Lawyer, 10/10 Best Score). Texas has severe penalties for assault crimes. For those charged with assault with a deadly weapon, also known as aggravated assault, convictions can include years in prison, expensive fines, and other permanent restrictions on your freedom and future. If you are facing second or first degree felony charges for a felony in the Pearland or Houston area, contact a qualified criminal defense attorney immediately to ensure your rights are protected. Here are the key things you need to know about aggravated assault charges and what to expect in the weeks and months ahead.

Under Section 22.02 of the Texas Penal Code, Title 5, a person “(1) seriously injures another person, including a spouse; or (2) uses or displays a deadly weapon during the assault. Under this definition, even if you did not use a deadly weapon at the time of the incident, you may face second-degree felony charges for assault. Criminal charges can also be raised to a first-degree felony, depending on the circumstances, such as assault with a deadly weapon and aggravated assault of a spouse or family member, or aggravated assault against a security guard or public servant. .

Texas Man Charged With Aggravated Assault Of A 7 Week Old Child

Most felonies are charged as misdemeanors of the second degree. If convicted, you could face 2 to 20 years in prison, a fine of up to $10,000, and other barriers to employment and housing upon release. For first-degree felonies, the court can sentence defendants to 5 to 99 years in prison. These sentences have life-changing consequences, which is why it is so important to seek the help of a trusted and experienced criminal lawyer as soon as possible.

When law enforcement arrests you for aggravated assault, avoid making any statements until you have had a chance to discuss your situation with your criminal defense attorney. Even trying to explain yourself or your actions can be used against you later, so exercise your right to remain silent until your attorney advises you on what steps to take. You and your attorney will determine the best course of action – whether to argue that the act was a form of self-defense or prove that the witness mistook you for someone else, be sure there are several defense strategies to explore. Apply now to protect yourself and your future.

If you or a loved one has been charged with aggravated assault in the Pearland or Brazoria County area, call Keith G. Keith today at (832) 230-0075 to discuss your case with an experienced criminal defense attorney. Call Allen, PLLC. When it comes to aggravated assault in Texas, you need to be aware of the charges and be prepared for what you can do about them. Below, we detail the law and the associated penalties and explain how a knowledgeable criminal defense attorney can help you.

"Intentionally, intentionally, or recklessly inflicting serious bodily harm on another person" or "using or displaying a deadly weapon in the commission of any offense, including threatening to inflict bodily harm on another person or performing an act likely to cause harm to the victim."

Aggravated Assault With A Deadly Weapon

Let's break down the parts of this definition. We must first begin by analyzing the state of mind that must be proven by the State of Texas beyond a reasonable doubt.

In other words, a person who takes a gun, points it at another person, and pulls the trigger, consciously causes that person to be injured by the gun.

For example, if someone shoots a target knowing there are people around, it doesn't matter if the shooting was "intentional." In this scenario, they should have known that.

Foolishness is acting without conscious consideration of the consequences of an action. For example, a reckless driver does not necessarily act with the intent to cause harm, but there is a risk of harming another driver through reckless actions such as speeding or tailgating.

Aggravated Assault Charges In Texas

What if someone were to overtake another person on a public road and during the race lost control of their car, collided with another car and the driver in question was seriously injured? Was this negligence under the Texas Penal Code? Yes i do! Even if the driver did not intend to injure anyone, his actions were a deliberate disregard of the risks and consequences of serious injury to someone.

What if guilt is proven by the prosecutor? Is there another area that your attorney should explore in order to have a positive outcome?

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