Finding the Right Representation for Misdemeanor Assault Charges in Texas
Even misdemeanor assault charges have serious, life-long consequences. If you or someone you care about has been accused or charged, finding the right legal representation is essential to help you avoid these negative consequences of a conviction on these assault charges. A qualified and experienced attorney can often provide the legal help you need to resolve these issues and minimize the damage caused by these accusations.
One of the more commonly pursued charges in Texas is Misdemeanor Assault.
What Is Misdemeanor Assault Charge?
Misdemeanor assault in Texas relates to incidents that involve the threat of physical harm or actual harm to another person. Causing bodily injury usually results in a Class A misdemeanor charge, which is the most serious form of misdemeanor. (Compare Assault v. Battery). Class A misdemeanor charges may also apply if physical contact, even without injury, is made to an elderly person intentionally. Less serious infractions may result in Class B or C misdemeanor charges in Texas being brought against you or someone you know.(Tex. Pen. Code Ch. 22).
For example, if you push or shove someone but cause no physical injury, this might be charged as a Class C misdemeanor. Threats of violence or other unwanted contacts might also result in Class C misdemeanor charges. If you push someone and they fall, however, this could result in injuries that would likely result in a Class A misdemeanor assault under Texas law. The filing decision depends on the extent of their injuries and your previous record. You may even find yourself facing charges of Felony Assault. Assaulting a public servant like a police officer or firefighter will typically upgrade the charges from a misdemeanor to a felony regardless of whether you caused bodily harm.
Domestic assault cases may also be charged as misdemeanors or felonies depending on whether you have any prior domestic assault convictions. For first offenses, domestic assault is usually charged as a Class A misdemeanor. Subsequent offenses after a conviction will usually be charged as felonies. Misdemeanor Assault in Texas is treated harshly and is often a very serious charge.
Presenting the Right Defense For Misdemeanor Assault
If you are charged with misdemeanor assault in Texas, working with a reputable criminal defense attorney is your best option for dealing with these charges and avoiding serious legal consequences for your future. Some of the most commonly used defenses for assault charges include the following:
- You are legally allowed to defend yourself and others against the use of force or the threat of such force by another person. In most cases, you will need to demonstrate that you received a real and credible threat or that force was used against you or another person, that you believed the threat was real, that you did not do anything to provoke the action or threat and that you could not escape the situation in any reasonable manner.
- In most cases, you can also use reasonable force to protect your property. This applies to incidents in which someone enters your home or yard as well as cases in which someone attempts to steal something from you directly.
- Cases in which one party has given consent for physical contact or fighting are rare and usually involve sparring matches or other agreed-upon activities. Even if there is evidence of these agreements, however, you may still be convicted if the court deems that you exceeded the permission provided by the other individual.
Working with a qualified and knowledgeable criminal attorney is the best way to determine which defense strategy is best for your case. Your lawyer will discuss the specific events that led to your assault charge and will construct a defense strategy that will help you beat the case against you in court.
Consequences of a Conviction
A conviction on misdemeanor assault can affect every part of your future. Along with the potential for jail time and major fines, you may also experience difficulties in finding a good job or a place to live. Any prior convictions can also be held against you if you return to court for other charges. It is essential to present a well-thought-out defense to prevent these negative consequences and to protect your reputation and your future plans. Your lawyer can also negotiate for the dismissal of some charges or a reduction in the charges against you, which can significantly improve your legal situation. Finding the right Texas attorney is a solid step in the right direction to resolve assault charges and to get your life back on track when you are accused of misdemeanor assault.
Why You Need an Experienced Attorney
Going to court can be a frightening proposition. Your attorney can let you know what to expect and will provide you with representation that will help you to resolve your case in the most positive way possible. By working closely with your criminal defense attorney, you can assist in creating a defense strategy and can determine the best course of action for your case. This will often result in a reduction of charges or, in the best-case scenario, the dismissal of charges against you.
At the Cofer Luster Law Firm, we can provide the representation you need if you have been charged with misdemeanor assault or any other criminal offense. Attorneys Cody Cofer and James Luster have proven courtroom experience and the knowledge of the criminal justice process you need to achieve the best outcomes possible. As former prosecutors in the state of Texas, we can deliver the most effective representation for you in dealing with criminal charges. Call us today at 682-777-3336 to touch base with our legal team. We are here to help you protect your future.