Assault Charges Attorney Serving San Antonio and Texas
Simply pushing or threatening someone could result in an assault charge if the victim had reasonable grounds to believe that you had the ability to carry out the threats or escalate from pushing to even more aggressive behavior. An assault charges attorney can assist you in making sure your story is heard and the facts are presented.
According to Texas Penal Code 5.22.01, assault occurs when a person intentionally or knowingly:
Assault charges are classified as either misdemeanors or felonies. If you are facing any type of assault charge, it is critical that you have an experienced assault attorney such as E.R. Báez who will protect your rights and fight for the most favorable outcome in your assault case.
The penalties and classification will vary depending on the severity of the injuries sustained, the prior record of the person charged, and the person who was assaulted. The following is a general breakdown of what you can expect for each type of charge:
If there were minor injuries or the threat of injury, your charges will most likely be classified as a misdemeanor. The penalties include fines of up to $4,000 and a year in prison.
You may face felony charges if you have a prior violent crime on your record, assault an officer of the peace, or use a weapon. A $10,000 fine and 10 to 20 years in prison are among the penalties.
If you have been searching for an “assault lawyer near me” in San Antonio, contact The Law Office of E.R. Báez. Whether you are charged with a misdemeanor or a felony, the consequences can have a significant impact on your life. Instead, don’t take these penalties lightly, hire our San Antonio criminal charges attorney to protect yourself.
The state of Texas distinguishes between two types of assault: simple and aggravated. These labels aid in determining sentencing between major and minor assaults.
A simple assault is a deliberate, knowing, or reckless act that causes bodily harm to another person. Simple assault in the state of Texas includes situations in which there was no physical contact.
If you are charged with simple assault, the prosecution will have the burden of proving their case. The prosecution will need to show that you acted with malice, that the victim was reasonably concerned, and that harm was done. All three of these conditions must be met in order to qualify as a simple assault. If you have been searching for an “assault charges lawyer near me” in San Antonio, then contact us today. The assault charges attorney at the Law Office of Mr. E.R. Báez is prepared to defend you in court.
A simple assault charge can be dismissed for a variety of reasons. A criminal defense lawyer may argue that their client was acting in self-defense or in defense of property. The act could be classified as an accident or as something done with the permission of another person. The charge will be dismissed if only one or two of the above conditions are met.
Aggravated assault refers to intentional actions taken by the aggressor with the intent of instilling fear in another person. For an assault to be considered ‘aggravated,’ there must be an aggravating factor, such as serious bodily injury or the use of a lethal weapon.
Our San Antonio assault attorney is among the reputable domestic lawyers in Texas and has helped many clients facing aggravated assault charges. One of the most solid defenses for assault crimes is factual innocence or the determination that the assault was exaggerated, or that the wrong person was accused of the crime. Other defenses such as evidence that the assault was in self-defense, defense of others, or a lack of intent may also result in the charges being dropped.
Domestic assault and sexual assault are two distinct types of assault charges in Texas. Both types are punishable by simple or aggravated assault.
Crimes that are committed against family members in Texas are treated differently in state courts. The crime will be treated as a domestic matter if the person is a current or former partner, the child of a current or former partner, or someone with whom the offender lives with.
Domestic assault can include causing or threatening bodily harm intentionally, knowingly, or recklessly. Domestic assault may also include nonviolent physical contact that the defendant knew or should have reasonably known was provocative or offensive to the victim.
In the state of Texas, being accused of non-consensual sexual contact can result in being charged with sexual assault. In order to be charged with sexual assault, the act must typically include penetration.
Assault is a punishable offense. It’s important to note that criminal charges are pressed by authorities in Texas, and not by the victims. This means that the victim cannot later decide to drop the charge once the legal proceedings have begun. Instead, state prosecutors are the ones who have the option of dismissing a charge.
The assault charges attorney at the Law Office of E.R. Báez is committed to providing you with exceptional legal representation.
A simple or aggravated assault conviction can result in fines, jail time, and ramifications that affect your personal and professional life. Therefore, if you have been accused of assault, it is critical that you consult our San Antonio assault charges attorney right away before your situation becomes worse. Contact The Law Office of E.R. Báez today for a free consultation.
If you’ve been indicted or are under criminal investigation in San Antonio or anywhere else in the state of Texas.
There are three basic types of interactions between officers and citizens: the encounter, the investigatory detention and the arrest.
An encounter occurs when a police officer approaches a citizen in public and asks questions but has little reason to believe that a crime has occurred. During an encounter, you do not have to answer the questions nor do you have to identify yourself to the officer. You are free to walk away.
If you’ve been indicted or are under criminal investigation in San Antonio or anywhere else in the state of Texas, contact our lawyer by filling up the form below