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  • Writer's pictureJustin Sparks

Can Assault Charges Be Dropped in Texas? Understanding the Legal Process

Assault charges are known to be life-altering and can have a significant impact on a person's professional and personal life. Whether an individual is seeking information on behalf of someone else or has been accused of assault themself, it's crucial to understand the Texas penal code and the possibilities of having these assault charges dropped or dismissed.


This comprehensive guide takes individuals through the factors that might lead to assault charges being dropped in Texas and the legal procedures involved.


The Basics of Assault Charges in Texas

The Basics of Assault Charges in Texas


Assault charges in Texas cover a range of offenses. Sparks Law Firm can help with questions like, What makes an assault a felony in Texas? These offenses involve threatening harm to another person or causing physical harm and can be classified into various degrees, which include:


Felony Assault Charges

Felony charges might arise when a person uses a deadly weapon, causes serious bodily injury, or assaults a public servant. Felony convictions are typically associated with severe penalties, which can include imprisonment and substantial fines.


Class A Misdemeanor Assault Charges

This is an assault case involving a dating relationship or family member. During this assault, the alleged victim, who shares a personal relationship with the alleged attacker, sustained an imminent bodily injury. This Class A misdemeanor is a more serious assault charge than its Class C counterpart.


Class C Misdemeanor Assault Charges (or Simple Assault)

These assault cases involve making someone fear imminent harm or causing bodily injury to them. If an individual is convicted of a class C, they typically need to pay fines.


When it comes to the possibility of having assault dropped in Texas, various factors need to be considered. This includes the strength of the crime's evidence, the type of assault charges, and the legal strategies used by a criminal defense attorney. Below are some ways to drop charges in Texas.


Factors That Can Lead a Court to Drop Assault Charges in Texas


Here are some examples that can lead to a court dropping assault charges:


Lack of Sufficient Evidence

Not enough evidence is one of the most common reasons that can cause courts in Texas to drop the charges. A high standard of proof is when the prosecutor's office can prove the assault case beyond a reasonable doubt. However, it might be challenging for the prosecution to secure this conviction if the evidence is unreliable or weak.


Available evidence might be leaking for various reasons, which might include:

  • Credibility issues with witnesses or alleged victim's statements

  • Violation of the accused's confrontation rights during the investigation or arrest

  • Lack of physical evidence

  • Inconsistent material witness statements

It's vital to have a skilled criminal defense attorney handling this assault charge as this professional can challenge the alleged victim's statement and the prosecution's case. When this is done effectively, it can result in the court dropping charges against the alleged attacker.


Mutual Consent

Some cases involve both parties being involved in an altercation where both individuals consented to a physical confrontation. The chances of getting the case dismissed are increased when the alleged has proven to consent to the actions in question.


Nonetheless, mutual consent is often a complex defense for even an experienced Fort Worth assault lawyer to establish. That's why it's important to enlist in legal representation that understands the intricacies of mutual consent to effectively dismiss assault cases.


Self-Defense

When faced with bodily injury or imminent harm, Texas law lets individuals use force in defense of others or in self-defense. Criminal assault charges or domestic violence charges can be dropped if a lawyer can demonstrate that the accused acted in self-defense.


Lawyers often need to prove the following in any self-defense claim:

  • The level of force used by the accused was proportionate to the threat

  • The use of force was necessary to protect others and themselves from the alleged victim

  • The accused has a reasonable belief that their life was in danger

A competent defense attorney is equipped to build a strong self-defense case that can get these assault charges dismissed.


Pre-Trial Diversion Programs

Many jurisdictions provide pre-trial diversion programs. The programs are available to only a certain non-violent offender, which includes those facing assault charges.


The pre-trial diversion programs are designed to rehabilitate offenders as opposed to punishing them through incarceration.


Participation in a diversion program typically involves:

  • Undergoing therapy or counseling sessions

  • Attending anger management classes

  • Completing community service

The state can drop assault charges when the accused successfully completes this diversion program.


Negotiating with the Prosecution

Individuals can drop assault charges by having an attorney negotiate with the prosecution. An experienced defense attorney can look at doing plea negotiations to get the case dismissed or reduced.


Negotiation tactics might include:

  • Arguing for an alternative sentencing option

  • Highlighting character references or mitigating factors in the aggravated assault charge

  • Presenting proof that can weaken the case from the district attorney's office

The unique circumstances of each assault case and the willingness of the prosecution will determine the outcome of these negotiations.


Texas Versus the Defendant: The Legal Process of Assault Cases

Texas Versus the Defendant: The Legal Process of Assault Cases


Anyone facing a criminal charge needs to understand how the legal process works. Here's a simplified breakdown of the typical stages following an assault charge:

  1. Arrest

  2. Booking and Bail

  3. Initial Appearance

  4. Arraignment

  5. Pre-Trial Proceedings

  6. Trial

  7. Sentencing

  8. Appeals


Final Thoughts


The accused faces significant consequences when an offense is committed, and assault charges are filed with the police. Nonetheless, these charges can be dropped under certain circumstances. Mutual consent, self-defense, negotiation, and insufficient proof all play a role in having an assault family violence case or a domestic violence case dropped.


When an incident like assault family violence cases or other criminal cases (like domestic assault) take place, it's critical to enlist competent legal representation to protect the rights of the defendant and explore potential means to have these family violence charges or criminal charges dropped.


If an individual is facing a domestic violence trial or seeking how to drop charges against them, it's important to remember that this article only provides general information. It should not be taken as legal advice. Someone who is facing legal charges should contact a criminal defense attorney, such as Sparks Law Firm.

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