Pearland Assault and Battery Attorney

Providing Aggressive Legal Representation to Help Clients Accused of Violent Crimes

If you have been charged with assault battery, you cannot afford not to hire a criminal defense attorney. Assault is considered a violent crime under Texas law and carries stiff penalties. Even if a defendant is convicted of a misdemeanor assault, they could face time in jail and fines. However, anyone convicted of felony assault could be sentenced to prison, steep fines, and be forever labeled a convicted felon.

Convicted felons face many uphill challenges, such as having trouble finding gainful employment, enlisting in the military, obtaining student loans, and legally owning a firearm.

However, individuals charged with assault battery can take proactive steps to protect their rights, freedom, and reputation by hiring an experienced criminal lawyer who can build a solid defense on their behalf.

The Kahn Law Firm, P.C. of Pearland, TX, has skilled criminal defense lawyers dedicated to helping clients charged with violent crimes. Contact our law office to schedule a free initial consultation to learn more about our legal services and how we can help.

How Does Texas Define Assault and Battery?

Unlike other states that charge assault and battery as different crimes, Texas charges assault according to the severity of the crime. State law dictates that assault charges are classified as either simple or aggravated assault.

Simple Assault

An individual may be charged with simple assault if the perpetrator threatened violence, but the alleged victim suffered no physical harm. Some examples include

They threatened the victim with violence or imminent bodily injury
The victim reasonably believed they were in danger of being harmed
The perpetrator was negligent or reckless, resulting in the victim being injured

Aggravated Assault

An individual may be charged with aggravated assault if the alleged victim suffers serious injuries committed by the perpetrator.

Examples of aggravated assault include:

The perpetrator used a deadly weapon to commit the assault
The perpetrator threatened to use a deadly weapon
The victim suffered serious bodily injury
The perpetrator assaulted a public servant or security officer while they were performing their duty or witness reporting a crime

Finally, anyone who uses a deadly weapon to cause bodily injury against a romantic partner or family or household member will most likely also face domestic violence charges. Convictions for domestic violence related to aggravated assault charges can have serious consequences, especially if the defendant has a previous record.

What are the Consequences of Assault Convictions?

The criminal penalties for assault convictions vary based on how the offense is charged. Defendants with previous assault convictions may face enhanced charges. Some examples of criminal penalties for assault include:

Class C misdemeanor: Threatening a victim with bodily harm or making unwanted physical contact may result in a $500 with no jail time
Class B misdemeanor: Defendant assaulting a victim in retaliation or security officers may be sentenced to up to 180 days in jail and a $2,000
Class A misdemeanor: Defendants convicted of making aggressive physical contact against an older person may be sentenced to up to one year in jail and a $4,000 fine

Defendants convicted of felony assault face time in prison and substantial fines, including:

Third-degree felony: A prison sentence of up to 10 years accompanied by up to a $10,000 fine
Second-degree felony: A prison sentence of two to 20 years accompanied by up to a $10,000 fine
First-degree felony: A prison sentence of 5 years to life in prison

If you need further clarification regarding the criminal penalties associated with a misdemeanor or felony convictions, contact our law office, and ask to schedule a meeting with a legal team member who will gladly answer your questions.

What are Some Possible Legal Defenses to Assault Charges?

One of the most significant advantages of hiring a criminal defense attorney is they can develop legal strategies to fight your assault charges.

Because assault convictions carry heavy penalties, you need a lawyer who can create a solid legal defense on your behalf. Some common legal defense strategies used to fight assault charges include:

Self-defense: A defense lawyer may be able to prove that you used a reasonable amount of force to defend yourself against someone who was using or threatened to harm you
Defense of others: Your attorney may be able to present evidence that you used reasonable force to protect another person who was threatened or was being harmed
Defense of property: A lawyer may be able to prove that you used reasonable force to protect your property in a case where you believed that it was in immediate danger of being stolen or damaged
Consent: If a lawyer can prove through clear and convincing evidence that the alleged victim gave consent to the actions that were carried out, your case may be dismissed

Why Should I Choose Your Criminal Defense Lawyer to Defend Me Against Assault and Battery Charges?

Due to the severe consequences that accompany assault convictions, individuals charged with assault must hire a defense lawyer with extensive experience handling violent crime cases. The Kahn Law Firm, P.C., of Brazoria County, has a proven track record of obtaining successful client results.

Our law office recognizes that being charged with assault can be overwhelming as you fear what the future may hold. When we agree to take your case, we will work hard to negotiate with the prosecutor to reduce or dismiss your charges to help you avoid going to trial. However, our criminal defense attorneys have significant trial experience and are prepared to fight to help you avoid an assault conviction.

The Texas criminal justice system can be overly complex for defendants in assault cases. Contact the dedicated legal professionals of The Kahn Law Firm, P.C., at 713-999-6549 to schedule a free consultation and learn how we can help.