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Fight Assault Charges With A Texas Defense Attorney

Assault charges can have serious consequences on your life. Consulting an experienced defense lawyer is crucial for understanding what to expect and building a strong defense.

The legal team at Quintana & Barajas, PLLC, can analyze facts, refute prosecution claims and advocate for your interests, striving for the best outcome possible when you face criminal charges. Since we handle both criminal and immigration issues in South Texas, we are also uniquely positioned to help our clients understand how one issue affects another.

Can You Claim Self-Defense For An Assault Charge?

Self-defense is a valid legal defense against assault charges. Texas allows the use of force for self-protection and the protection of others, but it must be reasonable and proportionate to the perceived threat.

Potential Jail Sentences For Assault In Texas

In general, assault is the threat of bodily harm, while battery involves actual physical contact with the victim. Texas law treats both assault and battery as the same charge because there is no charge for “battery.”

The length of jail time for assault depends on the severity of the offense:

  • Misdemeanor assault cases: One year of jail time
  • Felony assault cases: Up to 20 years in prison
  • Aggravated assault cases: Between two and 20 years in prison

A criminal defense lawyer can guide you with specific information on potential jail sentences for the charges you face based on the charges, the circumstances of the allegations against you and your criminal history, if any.

Frequently Asked Questions About Assault In Texas

Assault charges are a lot more complicated than most people realize. Here are the answers to some of the questions we hear the most:

What is the charge of assault in Texas?

You can be charged with assault if you intentionally, knowingly or recklessly cause someone bodily harm, threaten them with bodily harm or make offensive or provocative physical contact with them.

What are the different types of assault charges in Texas, and how do they vary?

Assault charges vary greatly. If you made verbal threats in a confrontation or there was a little shoving, you could be charged with a low-level Class C misdemeanor. On the other end of the spectrum, if you caused serious bodily harm or used a weapon, you could be charged with a felony in the first degree.

What are the potential penalties for assault and battery offenses in Texas?

If you are charged with a Class C misdemeanor, you face a fine of up to $500. While that may not sound so bad, it will leave you with a “violent” criminal history that could significantly limit your opportunities in life and lead to more serious sentences in the future if you’re ever charged with anything else.

Other penalties include:

  • Up to 180 days in jail and a $2,000 fine for a Class B misdemeanor
  • Up to a year in jail and a $4,000 fine for a Class A misdemeanor
  • Up to 10 years in prison and a $10,000 fine for a third-degree felony
  • Between 2 and 20 years in prison and a $10,000 fine for a second-degree felony
  • Between 5 years to life in prison and fines for a first-degree felony

What defenses are available to someone charged with assault in Texas?

The defenses specifically available to you will depend heavily on the situation that led to your charges, but they can include self-defense, the defense of others, consent (such as an agreed-upon fight) and lack of intent. Your attorney will help you understand the charges and your potential defenses.

Let Us Hear Your Side Of The Story

At Quintana & Barajas, PLLC, we believe you deserve a chance to tell your story. Schedule a free initial appointment with us through our online form, or call us at 210-996-2664. Our attorneys in our San Antonio, Houston and Austin offices will listen to your side of things and help you explore your defense options. Hablamos español.