If you or a loved one has been charged with assault, you are likely wondering how to beat a simple assault charge in Texas. The first thing to do after being accused of assault is to remove yourself from the situation. The impulse to clear the air after a misunderstanding is understandable, but it will only make things worse. Why do we recommend this? Assault arrests are often made before the police have all of the facts, in order to protect everyone involved.
The second thing to do is to use your right to remain silent and contact an attorney as soon as possible. Do not tell the police your side of the story — only speak to your attorney. If you are in need of a good lawyer, Javier Guzman is a trusted, experienced Laredo criminal defense lawyer that knows how often misunderstandings can turn into guilty verdicts, and he knows how to beat a simple assault charge.
What is simple assault?
Simple assault generally involves physical contact or threats being made without the victim sustaining any serious injuries. Simple assaults often involve failed attempts to physically harm someone or verbal threats made without the threat or presence of a weapon.
Like any assault charge, in order for an arrest to turn into a conviction it will need to be proven that there was:
- Intent to harm the victim
- Reasonable apprehension of the intent to harm
- Harm done or fear of harm being done
One of the more common ways that an attorney will attempt to beat a simple assault charge is by disproving, or illustrating that the accuser is unable to prove, one of these three elements. If it cannot be proven that there was intent to harm, that the victim understood these intentions, or that they were harmed (or afraid of being harmed) by the accused’s actions, then the accuser’s case likely will not stand.
What are the penalties for simple assault in Texas?
Simple assault charge punishments can come with pretty steep penalties in Texas, depending on the charge. Penalties for lower grade assaults, although much less steep than those for aggravated charges, will still remain on your record forever.
What is the lowest charge of assault? First-time simple assault charges are effectively the least severe, and also the easiest to beat. A first-time simple assault charge is typically a Class A misdemeanor, which will carry a maximum $4,000 fine and up to one year in a state jail. You have a lot more hope of beating a simple assault charge than a charge for aggravated assault or assault family violence.
Penalties for aggravated assault and assault family violence (also known as domestic violence) are second- and third-degree felonies, respectively, that essentially guarantee jail time, even on first offenses. If you have been falsely accused of domestic violence, you need an attorney with an understanding of both criminal law and family law cases — contact a family law attorney in Laredo, TX that knows how to take a criminal case to trial, like Javier Guzman.
Can simple assault charges be dropped in Texas?
Regarding simple assault, can assault charges be dropped in Texas? The state can drop or dismiss simple assault charges in Texas, although it usually has more to do with your lawyer than it does with your accuser. Prosecutors do not always dismiss cases because of the wishes of the victim, in fact, they often continue with prosecution without the victim’s cooperation.
How can a Laredo assault attorney help get a simple assault charge dropped? Possible defenses for a simple assault charge include:
- Self-defense claims assert that the assault in question was actually a response to another assault or act(s) of violence made towards the accused. In Texas, you have the legal right to respond to violence in order to protect yourself but must use the minimum amount of force possible.
- Defense of others, where you were protecting another individual from an assault or act(s) of violence, operates like self-defense.
- Defense of property by force is allowed in Texas.
- Failure to prove intent, reasonable apprehension, or harm.
Beating your simple assault charge is imperative because convictions for simple assault will show up on a criminal record.
How to beat a simple assault charge: Hire an experienced assault lawyer to defend your case
Now that you know how to beat a simple assault charge, you can likely see that it isn’t as simple as it sounds. Without an aggressive, skilled attorney making your case, you may not stand a chance at freedom. Javier Guzman, founding attorney of Guzman Law Firm, is an aggressive and successful criminal defense lawyer who fights relentlessly for his clients.
We know that there are two sides to every story, and are ready to listen to yours. Take the first step in the fight for your freedom, call Guzman Law Firm at (956) 333-3977 or schedule a consultation online today.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.