Collin County Assault Lawyer Assault Defense

Did you know you can be charged with assault in Collin County without touching anyone else? Did you know just a threat of assault can be an aggravated felony offense? Did you know spitting is considered an assault – and could even be considered a felony assault if, say, you spit after being pepper-sprayed and it landed on an officer? It can happen.

Assault charges in Collin County and throughout Texas are not as clear-cut as you might imagine.

Any type of assault charge can wreak havoc on your personal and professional life. It can upend your job, shatter your family, and drain your finances. Worst of all, it can leave a permanent blemish on your record. Fortunately, not every assault charge or arrest leads to a conviction.

From a McKinney misdemeanor docket to a felony indictment, the charge level sets the stakes. Find yours:

The goal of every Collin County assault lawyer at Varghese Summersett is to keep our clients out of jail, avoid a felony conviction and keep their record clean. In this article, our attorneys discuss the various types of assaults in Texas, including potential punishments and possible defenses and mitigation. Collin County Assault Lawyer Benson Varghese, who is Board Certified in Criminal Law, also offers these tips on how to get an assault charge dismissed in this short video below.

Under Texas law, a person commits assault if he or she:

1. intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
2. Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
3. Intentionally or knowingly cause physical contact when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

The first part of the assault definition is expected – that would apply to someone who is punching, kicking, or choking someone during a fight. It’s the second and third part of the definition that is surprising to some people. Under the second definition, a person can be charged with assault for threatening to beat someone up if the alleged victim has a reasonable fear they are going to do it.  Under the third definition, a person can be charged with assault for offensive or provocative physical contact with another person. This definition covers spitting, poking someone in the chest, or grabbing their tie.

So as you can see, assault charges are much more far-reaching than say a bar fight or domestic dispute.

“Assaultive Offenses” range from a Class C misdemeanor (ticket) all the way up to a first-degree felony punishable by life in prison. The degree and severity of the charge depend on the defendant’s mental state, the extent of the injury or threat of injury, and the characteristics of the alleged victim, such as their age and health.

There are four basic categories of misdemeanor assault in Texas, which is also commonly referred to as simple assault.

• Assault by Threat
  Assault by threat occurs when someone intentionally or knowingly threatens a person  with imminent bodily injury. Assault by threat is a Class C Misdemeanor in Texas and is punishable by up to a $500 fine.
• Assault by Contact
  Assault by contact occurs when someone intentionally or knowingly causes physical contact with another that is provocative or offensive, such as spitting or poking someone in the chest.. Assault by contact is a Class C Misdemeanor, punishable by a maximum $500 fine.
• Assault Bodily Injury (ABI)
  Assault bodily injury occurs when someone intentionally, knowingly or recklessly causes bodily injury to another person. Assault bodily injury is a Class A Misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.
• Assault Bodily Injury Against a Family Member (ABI-FM)
  Assault bodily injury against a family member occurs when someone intentionally, knowingly or recklessly causes bodily injury to a family member. Assault bodily injury against a family member is punishable by up to a year in jail and a maximum $4000 fine.

You can be charged with felony assault if serious bodily injury was intentionally caused; if a deadly weapon was used or threatened; or if the assault involved repeated acts of family violence. A misdemeanor assault charge can also be elevated to a felony if the assault caused injury to a specific category of victims, such as judges or police officer. Here are common felony assaults in Texas:

• Aggravated Assault
  Aggravated assault occurs when a person intentionally, knowingly or recklessly cause serious bodily injury to another person; or uses or exhibits a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim will likely find offensive. Aggravated assault is a second degree felony punishable by 2 to 20 years in prison and a maximum $10,000 fine. However, if the aggravated assault is committed against a security officer, a public servant, a court witness, an intimate partner, or involved a drive-by shooting toward an occupied building or other vehicle the charge can be enhanced to a first-degree felony, punishable by up to life in prison.
• Aggravated Assault Against a Family Member
  Aggravated assault against a family member occurs when an individual commits aggravated assault against a person he or she is dating, previously dated, someone in their family or a spouse. Aggravated assault against a family member is generally a second degree felony punishable by up to 20 years in prison and a maximum $10,000 fine. If a deadly weapon or injuries were involved, the charge can be elevated to a first-degree felony, punishable by 5 years to up to life in prison and a maximum $10,000 fine.
• Continuous Family Violence
  Continuous family violence against a family member occurs when an individual commits assault against a family member at least twice within a 12-month period. A person can be convicted even if the prior assaults did not result in a conviction or arrest. The assaults also do not have to have been committed against the same victim. Continuous family violence is a third degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.
• Assault by Strangulation – Impeding Breath – Against Family Member
  Assault by strangulation against a family member, also called assault impeding breath, occurs when a person intentionally, knowingly or recklessly impedes the normal breathing or circulation of the blood of another person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. Generally, a first-time offense for assault by strangulation is a third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine. However, if you already have a family violence conviction, it is automatically elevated to a second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine.
• Injury to an Elderly or Disabled Person Charges
  Under Texas Penal Code 22.04(a),  a person commits this offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, causes a child, elderly individual, or disabled individual serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury.
  The punishment range for injury to a child, elderly, or disabled individual varies from a state jail felony to a first-degree felony based on the intent of the alleged offender and the extent of injuries sustained by the alleged victim.
• Enhancements for Certain Assault Victims
  Enhanced assaults occur when a person intentionally, knowingly or recklessly causes bodily injury to a specific category of people, including public servants, government contractors, security officers, emergency personnel, pregnant women, or a peace officer or a judge. An enhanced assault charge is a third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.

Just because you have been charged with assault doesn’t mean you are guilty or that your actions weren’t justified. There are a number of defenses that could potentially be raised. An experienced Collin County assault lawyer attorney will evaluate the facts and circumstances of your case and identify issues that can be leveraged to achieve the best outcome possible. Possible defenses that a skilled Collin County assault lawyer could raise could include:

• Self Defense
• Defense of Others
• Defense of Property
• Consent
• Mistake of Fact
• Fabrication by Alleged Victim
• Lack of Corroboration
• Insufficient Evidence

Mitigation, or mitigating circumstances, lessens a person’s culpability in a criminal case in an effort to get a case dismissed or a sentence reduced. In many cases, our attorneys will present a mitigation packet to the prosecutor that will highlight a client’s background, upbringing, academic or professional success – anything that will show he or she is an upstanding citizen worthy of a second chance. Be sure to speak with a Collin County assault lawyer at our firm to see if a mitigation packet is right for your case.

In addition to possible jail time and a criminal record, an assault conviction could hinder your ability to get a good job, qualify for a loan, or possess a firearm. You need an experienced, aggressive Collin County assault lawyer to identify possible defenses, maximize mitigation, challenge the evidence, negotiate the best resolution, and if necessary, fight for you in trial. When the stakes are high, don’t leave anything to chance. Call (214) 903-4000 today to speak with a skilled Collin County assault lawyer.