Hempstead Assault Lawyer

 

Hempstead Assault Attorney

Facing criminal charges of any kind, including assault charges, can be an overwhelming and frightening experience. You’re likely feeling uncertain about your future and are looking for assistance in navigating the legal proceedings to come. During this challenging time, you deserve someone who will look out for your interests and work to protect your future. A Hempstead assault lawyer from the Law Office of Joseph Ruiz, PLLC, is here for you.

The reality is that even if physical contact did not occur, you can still be charged with assault. These, unfortunately, common allegations can arise as a result of numerous kinds of actions deemed violent, threatening, or offensive. The state takes these cases seriously, and you need legal counsel and representation who takes your rights and freedoms just as seriously.

How Is Assault Defined in Texas?

In the state of Texas, assault that does not include any aggravating factors, such as the use of a deadly weapon, is considered “simple” assault. This type of assault can be broadly defined and can range from a bar fight to spitting at someone on the street. Under simple assault, the act of threatening someone without enacting physical contact can be considered assault. Simple assault can also be defined as:

• Causing bodily injury to another human being either intentionally, knowingly, or recklessly
• Threatening another human being with imminent bodily or physical injury in a knowing or intentional manner
• Making physical contact with another human being with knowing or intention that the victim will find it offensive or provocative

The severity of charges faced by the defendant will depend on the level of fear that was used in the alleged assault and if any physical contact occurred. Additionally, in the state of Texas, the more serious form of assault is considered “aggravated” assault. This type of assault occurs when someone causes bodily harm to another or uses a weapon during the assault. Penalties for these charges are typically more serious.

Why Chose the Law Office of Joseph Ruiz, PLLC

Navigating the landscape of these legal proceedings can be complex and overwhelming. It is vital to have someone on your side who fully understands the laws surrounding these types of cases and who can fight aggressively for your rights to be upheld and protected. For over a decade, our team has been counseling and representing clients facing a litany of criminal charges.

With a wealth of knowledge and experience, the Law Office of Joseph Ruiz, PLLC, can review your case and determine the correct course of action in order to fight the charges that have been brought against you. We care deeply for each and every one of our clients and have several potential routes to secure a positive outcome. No stone will be left unturned in the pursuit of justice, allowing us to build a strong defense personalized to your unique situation.

Penalties for Assault Charges in Hempstead, TX

In Texas, criminal charges are classified as either a misdemeanor or a felony. Depending on the circumstances of the assault, the charges you are facing can fit into one of the following categories and face the resulting charges:

• Class C Misdemeanor: This occurs when the defendant allegedly intentionally or knowingly threatens another with bodily harm or touches someone in a way that is perceived to be offensive or provocative. The penalties can result in a fine that does not surpass $500.
• Class B Misdemeanor: This occurs when the defendant, who is not the participant of a sport, allegedly commits assault against someone who is. The penalties can include a fine that does not surpass $2,000, imprisonment for no more than 180 days, or a combination of both.
• Class A Misdemeanor: This occurs when the defendant allegedly causes bodily injury to another either intentionally, knowingly, or recklessly, or threatens another individual this way or touches an elderly person, disabled person, or pregnant person in an offensive or provocative way. The resulting penalties can include a fine that does not surpass $4,000, imprisonment that does not exceed a year, or a combination of both.
• Third Degree Felony: This occurs when the defendant allegedly commits assault against a public servant, a security guard, a government official, someone who the defendant knows is pregnant, emergency services personnel, or a family or household member. The resulting penalties can include a fine that does not exceed $10,000 and imprisonment that lasts no more than ten years and no less than two.
• Second Degree Felony: This occurs when the defender allegedly commits an assault against someone who is a judge or peace officer or a member of their family or household. The resulting penalties can include a fine that does not exceed $10,000 and imprisonment that does not surpass 20 years and is no less than two.

FAQs About Hempstead, TX Assault Laws

What Are Some Common Defenses for Assault Charges in Texas?

In the state of Texas, there are many avenues your defense strategy can take, depending on the nature of the charges brought against you. These defenses can include self-defense, being granted consent, insanity, statute of limitations, acting in the defense of others, mistake of law or fact, age, or privilege. Your assault lawyer will review your case and determine which of these defenses is appropriate for your case.

What Is the Statute of Limitations for Assault Charges in Texas?

In the state of Texas, the statute of limitations for assault charges is two years. This means that for most misdemeanors, the state has two years from the time the crime is committed or from the time the crime is discovered to bring charges against the alleged perpetrator. However, the state has a three-year time period in cases of misdemeanor assault that involves family violence.

A criminal defense attorney can help you determine if the statute of limitations is still active for a crime you are accused of committing.

What Should I Do Following Being Charged with Assault in Texas?

If you have been charged with assault in the state of Texas, there are several things that you can do. It is important to act fast and be proactive in your defense. If you are arrested, remember it is your right to remain silent. You should also not attempt to contact your accuser and, instead, contact a trusted assault attorney who can help you fight these charges.

Can the Alleged Victim in a Case Drop Charges in Texas?

The short answer is no; an alleged victim cannot drop charges in an assault case in Texas. In these cases, only a district attorney can dismiss assault charges once those charges have been filed. Before they do so, however, the district attorney will speak with the victim to secure facts about the assault and determine whether those facts are sufficient proof that the assault occurred.

Contact a Hempstead Assault Lawyer Who Will Fight for You

Various nuances play into many assault charge cases. You need a criminal lawyer who understands these nuances and how to correctly build a defense strategy that will take these specific details into consideration. Contact the Law Office of Joseph Ruiz, PLLC, today to learn how we can effectively represent your case. Let us review your case and determine the right course of action for you to take. The road ahead might feel overwhelming, but you aren’t alone.