Houston Assault Lawyer
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Houston Assault Defense Attorney B. Keith Jackson
It’s scary to think that you could be charged with a serious violent crime simply based off of something you did or said in the heat of the moment. However, threatening another person with violence, putting another person in fear of harm, or making unlawful physical contact with another person could result in assault charges in Texas. If you have been charged with assault, having a Houston assault lawyer on your side can make all the difference in your criminal case.
Assault charges carry serious consequences, and without the right defense, you could face long-lasting penalties. B. Keith Jackson, Attorney and Counselor at Law PLLC will use his experience as a Houston, TX, violent crime defense lawyer to help protect your rights, ensuring they receive the best possible outcome in your assault case. He understands the stakes involved and approaches each case with the focus and dedication necessary to safeguard your future.
Take the first step toward defending your freedom: contact Attorney B. Keith Jackson today at (281) 545-5020 to schedule a consultation.
What is Assault?
In general, assault is defined as the act of intentionally causing or threatening to cause harm to another person. It can involve physical contact, such as hitting or pushing, or non-physical actions, like making credible threats of violence.
Assault vs. Battery
Assault and battery are often used interchangeably, but they are distinct offenses in many states. Assault typically refers to the threat or attempt to cause bodily harm to another, while battery involves actual physical contact with another, such as hitting or striking someone. In states that differentiate the two, assault does not require physical contact, whereas battery does.
However, in Texas, both acts fall under the definition of “assault.” This means someone can be charged with assault whether they threaten to harm, make unwanted physical contact with, or cause bodily injury to another person.
Texas Assault Laws
Under Texas law, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, threaten someone with imminent bodily injury, or make physical contact that they know, or should reasonably believe, the other person will find offensive or provocative (Tex. Penal Code § 22.01).
Someone can be charged with assault in Texas regardless of whether or not they make unlawful contact with the alleged victim. Assault applies so long as the victim has reason to believe they are in danger of injury.
The severity of an assault charge will depend on factors such as the status of the victim, the nature of the act, and the presence of any prior offenses on the alleged offender’s record. For example, assault that could be considered domestic violence could result in more serious penalties.
Assault vs Aggravated Assault
In Texas, aggravated assault occurs when someone commits assault that results in serious bodily injury or involves the use or display of a deadly weapon. Aggravated assault is a more serious charge compared to assault, due to the greater potential for serious bodily harm.
The penalties for aggravated assault are also more severe than simple assault, and charges of aggravated assault can result in either a second-degree or first-degree felony, depending on the circumstances.
Assault Penalties in Texas
The penalties for assault can vary based on the facts of a given case. Factors such as the presence of a weapon during the crime, the extent of the victim’s injuries, or the identity of the victim can play a role in determining the severity of an assault charge. If you have been charged with assault in Texas, an experienced Houston assault attorney can help you understand the severity of the charges you may be facing.
Misdemeanor Assault
Misdemeanor assault in Texas can be charged as a Class C, Class B, or Class A misdemeanor, with a Class A misdemeanor being the most severe. The penalties for misdemeanor assault charges in Texas include:
- Class C Misdemeanor Assault – a fine of up to $500
- Class B Misdemeanor Assault – up to 180 days in jail, a fine of up to $2,000, or both
- Class A Misdemeanor Assault – up to one year in jail, a fine of up to $4,000, or both
Felony Assault Penalties
In Texas, someone may face a felony assault charge if they commit simple assault under certain circumstances or assault certain people. The penalties for felony assault in Texas include:
- Third-Degree Felony Assault – 2 to 10 years in prison, a fine of up to $10,000, or both
- Second-Degree Felony Assault – 2 to 20 years in prison, a fine of up to $10,000, or both
More severe acts of assault could result in aggravated assault charges and increased penalties. If you have been charged with aggravated assault, it’s important to contact an aggravated assault lawyer in Houston like Attorney B. Keith Jackson.
Can a Victim Drop Assault Charges?
No, a victim cannot choose to drop assault charges in Texas. When someone commits a crime like assault, the district attorney’s office is responsible for choosing to pursue or drop charges against the alleged offender.
A victim can request an acquittal or refuse to cooperate with prosecutors, but the state prosecutor’s office may continue to move forward with the case anyway. This is especially true in felony assault cases or cases where the prosecution has sufficient evidence against the offender.
How Can a Houston Criminal Defense Attorney Help?
An assault conviction can severely affect your future, your freedom, and your reputation. Having a criminal defense attorney on your side can ensure that you have critical legal guidance throughout the entirety of your case. They can help you understand the legal process, explain possible penalties, and explore affirmative defenses that may apply to your situation. Whether negotiating for reduced charges, advocating for dismissal, or representing you in court, an attorney works to protect your rights and minimize the potential consequences.
If you have been accused of assault in Texas, a criminal defense attorney in Houston like B. Keith Jackson can ensure that you receive the representation you deserve. With extensive experience in Texas criminal law, he will thoroughly review the details of your case, develop a tailored defense strategy, and work to minimize the consequences you may face. From negotiating with the prosecution to going head-to-head in the courtroom, he will fight to help you receive the best possible outcome in your assault case.
Affirmative Defenses to Assault in Texas
While Texas has a very broad assault statute, there are still many defenses that can be used to fight against assault charges in court. Some affirmative defenses to assault in Texas include:
- Self-defense – The alleged offender only used force to protect themselves from an imminent threat of harm.
- Defense of others – The alleged offender acted to protect another person from harm.
- Defense of property – The alleged offender used force to prevent someone from unlawfully entering or damaging their property.
- Consent – The alleged victim consented to the physical contact, such as in mutual combat or contact sports.
- Lack of intent – The act was accidental, and there was no intent to cause harm to the alleged victim.
- Mistaken identity – The alleged offender was wrongly identified as the person responsible for the assault.
- Lack of knowledge of the victim – The alleged offender didn’t know the status of the victim, such as whether or not they were pregnant, a sports participant, or working as a civil servant.
A Houston assault lawyer will be able to evaluate the circumstances of your alleged assault and develop an effective defense strategy based on the facts of your unique case.
Don’t Let Assault Charges Change Your Life–Call Experienced Assault Attorney B. Keith Jackson Today
Being charged with assault can be incredibly stressful, and could leave you wondering what to do next. Not only that, but having previous convictions on your record can increase the potential penalties you may face if you’re ever charged again. That’s why it’s so important to fight against any assault charges, no matter how minor they may seem. Hiring an experienced criminal defense attorney like B. Keith Jackson can make all the difference in your case.
With in-depth knowledge of Texas criminal law and a proven track record of success, Attorney Jackson has the knowledge and experience needed to protect your rights and challenge the charges against you. From negotiating with the prosecution outside of court to defending you in the courtroom, B. Keith Jackson will pursue every possible avenue toward a favorable case result.
Call (281) 545-5020 or contact us via our website to schedule a confidential consultation with experienced defense attorney B. Keith Jackson today.
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