What To Do If You’ve Been Charged With Assault?

September 26, 2022

In the eyes of the law, assault isn’t restrictive. Literally speaking, it is an act of physical harm or unconsented physical contact that has caused a reasonable threat/injury to another. In Texas, injury is defined as pain.

However, any act which places the victim in a state of fear – of physical assault or touch can be used as a potential charge (even if there is no physical contact). In case of any physical force involved, the accused can further face charges. 

Considering the essence of timing in such situations, immediate actions are required to ensure proper defense. Therefore, looking for a well-reputed ‘criminal defense attorney near me’ is vital.

The District Attorney’s Office will quickly reach out the the “victim” and try and get them to agree to jail time for a lengthy, difficult and expensive probation.  Hiring an experienced assault trial lawyer immediately is vital in that you will want your lawyer to speak to the victim first and let them know what their rights are and what’s coming.

In addition to that, there are a few relevant pointers to keep in mind when you have been charged with assault: 

1. Know the terms: Gather all the relevant knowledge about the allegation. You must be well aware of the charges you are up against. For instance, an assault can be simple or aggravated (usually meaning a weapon was involved).

• A simple assault can be defined as an intentional act of causing harm or putting the victim under the fear of physical harm. Please note in this case, physical contact may or may not exist, and even emotional harm is considered valid in this case.

• Aggravated assault is far more severe. The threat of injury or the seriousness of facts involved in an aggravated assault is extremely high. It includes intent to rape, murder, or any severe felony against the victim. Use of any weapon is also categorized under aggravated result. 

A simple assault is usually prosecuted as a misdemeanor, meaning the crime is not that grave. The punishment is also less than aggravated assault, where several charges can be implied depending on the case. 

2. Do not overshare: Seeking support and reaching out to people is a natural response. The accused may even want to clarify his side of the story to the appellant. However, any such information or statement can be used unfavorably in the trial. One should also avoid sharing any details on social media. However, one should not attempt to delete any fact or statement already shared with the public as it may be treated as an attempt of evidence tampering. 

3. Hire a defense attorney: An assault trial can be complicated. To adequately understand, navigate and run through the trial, you should hire a criminal defense attorney in Montgomery County, TX. It will help you understand the legal know-how. In addition, the attorney will offer relevant guidance for seeking possible defenses. I have handled class C assaults all the way up to aggravated assaults with a deadly weapon.

Under the law, there are several defenses to an assault. A legal representative can help direct the necessary action. Some common defenses for assault include:

• Alibi
• Mistaken identity
• Falsification by the victim
• Defense of another 
• Self-defense

About Steve Dennis, Texas Board Certified Criminal Defense Attorney in The Woodlands, TX

At Steve Dennis, Attorney at Law in Montgomery County, TX, we prioritize your case and invest our time, effort, and almost 30 years of experience in providing you with the best guidance. Our clients trust us because we possess the expertise and skills to win their cases. For more information, contact us at (936) 539-1234, email us at stevedennislaw@yahoo.com or fill out our contact form to hear back from us.