In Texas, misdemeanor assault can result in jail time and fines.
Assault charges in Texas are serious matters that can have far-reaching consequences on your life. It's important to fight misdemeanor assault charges with the same power as felony assault charges. A conviction in either category may result in significant penalties, including fines, jail time, and a marked criminal record.
Depending on the circumstances, a person charged with assault in Conroe, The Woodlands, or another nearby community has many options for a strong criminal defense. Here is what you need to know about misdemeanor assault defense strategies in Texas.
What is a misdemeanor assault in Texas?
Texas broadly defines assault. Typically, for charges to stick, a prosecutor must prove the accused did one or more of the following:
- Intentionally, knowingly, or recklessly caused bodily injury to another person; or
- Threatened someone with imminent bodily harm; or
- Made offensive provocative physical contact with another individual.
Assault can result in a Class A misdemeanor or third-degree felony charge, depending on the circumstances. A misdemeanor conviction comes with penalties of up to 1 year in jail and a $4,000 fine. A third-degree felony conviction can be penalized by 2-10 years in prison and up to a $10,000 fine.
Defense options for Texas assault charges
Defending against a criminal misdemeanor assault charge in Texas involves a careful examination of the circumstances surrounding the arrest and the evidence used to support the charge. It's important to review arrest records for any mistakes that could work to the accused's advantage. Texas law provides three primary ways to beat an assault charge:
- Self-defense. You can argue that the assault you committed was a justified response to protect yourself against a real perceived threat of violence. Texas law ("Stand Your Ground") specifies that you can respond to a threat of violence with a minimum amount of force necessary for self-defense.
- Defense of others. In addition to protecting yourself, you have the right to intervene to protect others against violence or threats of violence. You must respond with the minimum amount of force necessary to ensure the other person's protection.
- Defense of property. Texas law allows you to use force to defend your property, such as your home or car.
Misdemeanor assault is a serious crime in Texas
If you were charged with assault, it's important to understand your potential legal options. There's a lot at stake, and having an experienced criminal defense attorney on your side is invaluable in ensuring your rights are protected.
At The Webb Firm, P.C., we have the knowledge and experience to help you find your way forward. Founding attorney Amanda Webb is a former prosecutor in Montgomery County, where she worked as an assistant district attorney. She knows how the prosecution thinks and how to work that knowledge to your advantage.
If you're facing misdemeanor assault charges in Conroe, Montgomery County, or another area community, don't hesitate to schedule a free case evaluation. A member of our team is always available to hear you, day or night. Your future and your rights are worth defending from the consequences of an assault conviction. Contact us today for your free evaluation.