Reducing Assault Charges in Texas

Assault charges in Texas are very serious. They have serious consequences, including prison time, heavy fines, and a criminal record. However, a charge is only that -- our criminal defense law office can reduce many charges, or even get the charges dropped or dismissed.

Anyone who is facing assault charges should understand how these charges work, how an experienced defense attorney can reduce charges, and other key factors that can influence the charges.

Working with an assault defense attorney from Sparks Law Firm can make the legal process easier and help clients get the most positive outcome. Call the law office now for a free consultation. They have information regarding the penalty for assault on a public servant in Texas as well.

Understanding Assault Under Texas Law

In Texas, assault is defined by Penal Code 22.01, which outlines assault as the following:

• Intentionally, knowingly, or recklessly causing injury to another person

• Threatening a person with bodily harm

• Engaging in physical contact that could be seen as provocative or offensive

Assault cases range from a Class C misdemeanor assault to a first degree felony. The charges depend on the factors of the case, such as the severity of the injuries, how the parties involved know each other, if weapons were involved, and the history of the accused person.

Common Types of Assault Charges in Texas

In Texas, assault is classified as either simple assault or aggravated assault.

Simple assault is usually a misdemeanor charge, either a Class C or Class A. A Class C misdemeanor comes with a fine, but a Class A misdemeanor could come with up to a year in jail and a fine of up to $4,000.

In some cases, a simple assault case could be elevated to a third-degree felony, which can bring up to 10 years in prison.

In the case of an aggravated assault charge, it's usually a felony, but it could be a third-degree felony, a second-degree felony, or a first-degree felony. At a minimum, an assault conviction may come with a fine or a short jail sentence. At the maximum, it could lead to life in prison.

An experienced attorney can help the defendant understand the charges against them, and work to get the assault charges dropped or dismissed. They can also consult on how prior convictions impact assault penalties in Texas.

Can Assault Charges Be Reduced in Texas?

Yes, it is possible to reduce assault charges in Texas, but it takes work to do and it depends on the circumstances of the case. The legal process includes plea bargaining, alternative sentencing, and even full case dismissal. Some of the common ways that an assault charge can be reduced include the following:

• Felony assault is reduced to misdemeanor assault

• Class A misdemeanor is reduced to Class C misdemeanor

• Probation may be offered instead of jail time

• Charges dismissed after a completing anger management or diversion programs

Factors That Lead to Reduced Charges

There are a number of factors that can affect the legal system and lead to reduced charges or even get assault charges dismissed.

Lack of Evidence

A prosecutor must prove assault beyond a reasonable doubt, but if there is insufficient evidence, the defense attorney can ask for lesser charges or a full case dismissal.

First-Time Offender Status

A defendant that doesn't have a prior conviction is often eligible for a more favorable outcome. These include a plea agreement, rehabilitation, or community service.

Self-Defense or Mutual Combat

Proving that the accused person was acting in self defense, or if the incident involved mutual combat, means the charges could be reduced or dismissed.

Victim Cooperation

In some cases, an alleged victim may not press charges or they may submit an affidavit of non-prosecution. The state may still bring charges against the accused person, but it can make it difficult to take to court if the alleged victim will not cooperate.

Mitigating Circumstances

There are mitigating factors that might affect the sentence and charges, too. For instance, a person with mental health issues, addiction issues, or emotional distress at the time of the act can often get reduced charges.

Legal Strategies to Reduce Assault Charges

A criminal defense lawyer can use a number of strategies to reduce assault charges. These include:

 Plea Bargaining

The most common way to reduce assault charges in Texas is to set up a plea deal. In exchange for a guilty plea, a prosecutor may agree to drop the charges that are more serious, and instead, allow the defendant to plead guilty to lesser charges with a reduced sentence.

Pretrial Diversion Programs

An attorney can also help their client avoid jail or fines by asking for a pretrial diversion program. These might include community service, anger management classes, or probation. If the defendant successfully completes these programs, their charges may be dismissed or sealed.

Filing Pretrial Motions

A skilled defense attorney can challenge the validity of the arrest, too. There might not be enough evidence, it might be a case of mistaken identity, or witness statements might not be available. There also might be an issue where the defendant's rights were violated. These things can be filed before a trial begins, allowing for the reduction or dismissal of charges.

Importance of Hiring an Experienced Criminal Defense Attorney

Reducing charges in Texas is not guaranteed, and it's not always easy. This is especially the case if the assault resulted in serious bodily injury or if the assault was committed against a family member, a police officer, or public servant. A skilled attorney, however, can do the following to attempt a reduced charge:

• Evaluating evidence and police reports

• Identifying weakness in the prosecution's case

• Negotiating plea deals

• Filing motions to suppress evidence

• Representing their client during hearings

Long-Term Benefits of Reducing Assault Charges

An attorney working to reduce the charges and sentences of their client can benefit those who are facing charges. A reduced sentence can do the following:

• Reduce the chance of a permanent record with a felony conviction

• Shorter jail time, or avoiding it altogether

• Lower fines and court costs

• Preserving employment and housing opportunities

• Improve the personal and professional life of the accused

Contact Sparks Law Firm to Reduce Assault Charges in Texas

Facing assault charges in Texas is difficult, but that doesn't mean that a person will go to jail. Even with more serious charges like domestic violence, using a deadly weapon, assault with serious bodily harm, or unwanted physical contact, it could still be possible to get charges dropped. The same can be said with someone with a prior criminal history.

Every case is unique, and the outcome of the case depends on the facts, the evidence, and the skill and knowledge of the attorney.

At Sparks Law Firm, the team is ready to work with anyone who is facing assault charges. Contact the firm for a free consultation, today.