We Defend Assault Cases in Fort Bend County

Assault charges in Fort Bend County, Texas, can have serious consequences for those accused. This comprehensive guide prepared by our Fort Bend criminal defense lawyer aims to provide a clear understanding of the various types of assault offenses, their legal definitions, and potential penalties. Our Fort Bend assault lawyer also explores the legal process, defense strategies, and the importance of early intervention in assault cases.

Types of Assault Offenses

1. Assault by Contact

Definition

Assault by contact is the least severe form of assault in Texas. It occurs when a person:

• Intentionally or knowingly causes physical contact with another
• When the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

Punishment Range

• Class C misdemeanor
• Fine up to $500
• No jail time

2. Assault Bodily Injury

Definition

Assault bodily injury occurs when a person:

• Intentionally, knowingly, or recklessly causes bodily injury to another person
• “Bodily injury” is defined as physical pain, illness, or any impairment of physical condition

Punishment Range

• Class A misdemeanor
• Fine up to $4,000
• Up to one year in county jail

3. Assault Bodily Injury Family Violence

Definition

This offense is similar to assault bodily injury but involves family members, household members, or those in dating relationships. It occurs when a person:

• Intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or dating partner

Punishment Range

• Class A misdemeanor for first offense
• Fine up to $4,000
• Up to one year in county jail
• Can be enhanced to a third-degree felony for subsequent offenses

4. Aggravated Assault

Definition

Aggravated assault occurs when a person commits assault and:

• Causes serious bodily injury to another person, or
• Uses or exhibits a deadly weapon during the commission of the assault

Punishment Range

• Second-degree felony
• 2 to 20 years in prison
• Fine up to $10,000
• Can be enhanced to a first-degree felony in certain circumstances

Legal Process for Assault Cases

Misdemeanor Filing Process

Misdemeanor assault cases in Fort Bend County are typically filed directly by law enforcement or the District Attorney’s office. The process generally involves:

• Arrest or citation issued by law enforcement
• Case filed with the county clerk’s office
• Arraignment in county court
• Pre-trial hearings
• Plea bargaining or trial

Felony Indictment Process

Felony assault cases, such as aggravated assault, follow a different path:

• Arrest and booking
• Case presented to a grand jury
• Grand jury decides whether to indict (formal charges)
• If indicted, case proceeds to district court
• Arraignment, pre-trial hearings, plea bargaining, or trial

Affidavits of Non-Prosecution (ANP)

An Affidavit of Non-Prosecution is a document sometimes filed by alleged victims stating they do not wish to pursue charges. It’s important to note:

• ANPs are just one factor prosecutors consider
• Prosecutors often move forward with cases despite ANPs
• The state, not the victim, decides whether to prosecute
• ANPs may influence the case but do not guarantee dismissal

Defense Strategies for Assault Cases

Several defense strategies may be employed in assault cases, particularly for aggravated assault:

1. Self-defense: Arguing the accused acted to protect themselves from imminent harm
2. Defense of others: Claiming the accused acted to protect another person from harm
3. Lack of intent: Demonstrating the accused did not intend to cause serious bodily injury or use a deadly weapon
4. Mistaken identity: Proving the accused was not the person who committed the assault
5. Provocation: Showing the accused was provoked, potentially reducing charges
6. Inconsistencies in evidence: Highlighting contradictions in witness statements or physical evidence
7. Lack of serious injury: In aggravated assault cases, challenging the severity of the alleged victim’s injuries
8. Illegal search and seizure: Suppressing evidence obtained in violation of the Fourth Amendment

The Importance of Early Intervention

Pre-filing

• Conduct an independent investigation
• Gather exculpatory evidence
• Present evidence to law enforcement or prosecutors
• Potentially prevent charges from being filed

Pre-trial

• Negotiate with prosecutors for reduced charges or dismissal
• File motions to suppress evidence or dismiss the case
• Gather additional evidence and witness statements
• Prepare a strong defense strategy

Pre-indictment (for felony cases)

• Present exculpatory evidence to the grand jury
• Negotiate with prosecutors to avoid indictment
• Prepare for potential plea bargains

Why Choose Varghese Summersett

Varghese Summersett stands out as a top choice for assault defense in Fort Bend County:

• Track Record of Success: Our firm has a proven history of favorable outcomes in assault cases.
• Former Prosecutor Advantage: Attorney Mike Hanson, a former prosecutor in Fort Bend County, brings invaluable insider knowledge to our defense strategies.
• Comprehensive Approach: We leverage our experience, resources, and legal acumen to build strong defenses for our clients.
• Client-Centered Service: We prioritize clear communication and personalized attention to each case.
• Early Intervention Experts: Our team excels at pre-filing and pre-trial interventions, often resolving cases before they escalate.

Case Study: The Power of Effective Representation

John Doe (name changed for privacy) found himself facing assault charges in Fort Bend County. He initially hired another attorney and paid thousands for representation. After months of frustration due to lack of progress and poor communication, John decided to switch to Varghese Summersett.

Within a week of taking the case, attorney Mike Hanson:

1. Conducted a thorough review of the evidence
2. Identified critical inconsistencies in witness statements
3. Uncovered exculpatory evidence that the previous attorney had missed
4. Presented this information to the prosecutor in a compelling manner

As a result of Mike’s swift and effective action, the prosecutor agreed to dismiss the case entirely. John avoided the stress of a trial and the potential consequences of a conviction, all thanks to the expertise and diligence of Varghese Summersett.

10 Ways Assault Cases Can Be Dismissed

1. Lack of Probable Cause: Demonstrating that the initial arrest or charges were not supported by sufficient evidence.
2. Lying Witness: Proving that a key witness provided false testimony or made inconsistent statements.
3. Exculpatory Digital Evidence: Uncovering text messages, social media posts, or surveillance footage that supports the defendant’s innocence.
4. Favorable Media Evidence: Finding news reports or public records that contradict the prosecution’s narrative.
5. New Witnesses: Locating and presenting testimony from previously unknown witnesses who support the defendant’s version of events.
6. Violation of Constitutional Rights: Demonstrating that law enforcement violated the defendant’s rights during arrest or investigation.
7. Insufficient Evidence: Showing that the prosecution lacks enough evidence to prove guilt beyond a reasonable doubt.
8. Prosecutorial Misconduct: Proving that the prosecutor engaged in unethical or illegal behavior that compromised the case.
9. Successful Completion of Diversion Program: Some jurisdictions may dismiss charges upon completion of anger management or other rehabilitative programs.
10. Statute of Limitations: Demonstrating that the time limit for filing charges has expired.

The Importance of Proper Case Handling

Handling an assault case correctly is crucial due to the potential direct and collateral consequences of a conviction:

Direct Consequences

• Fines and court costs
• Jail or prison time
• Probation
• Mandatory anger management classes

Collateral Consequences

• Criminal record affecting employment opportunities
• Loss of professional licenses
• Immigration consequences for non-citizens
• Difficulty renting housing
• Loss of gun ownership rights
• Strained personal and professional relationships
• Potential impact on child custody arrangements

Why Choose Varghese Summersett for Assault Defense in Fort Bend County

Varghese Summersett is the premier choice for assault defense in Fort Bend County for several reasons:

• Local Expertise: Our attorney Mike Hanson’s experience as a former Fort Bend prosecutor gives us unique insights into local court procedures and prosecution strategies.
• Proven Track Record: We have a history of successful outcomes in assault cases, including dismissals and reduced charges.
• Comprehensive Defense Strategies: We employ a wide range of defense tactics, from challenging evidence to negotiating with prosecutors.
• Early Intervention Focus: We prioritize pre-filing and pre-trial interventions to resolve cases favorably before they escalate.
• Resources and Network: Our firm has the resources and connections necessary to conduct thorough investigations and build strong defenses.
• Client-Centered Approach: We provide personalized attention and clear communication throughout the legal process.
• Aggressive Advocacy: We fight tirelessly to protect our clients’ rights and achieve the best possible outcomes.
• Up-to-Date Legal Knowledge: Our team stays current with changes in assault laws and precedents to provide cutting-edge defense strategies.
• Holistic Support: We understand the stress of facing assault charges and provide support beyond just legal representation.
• Reputation in the Legal Community: Our firm’s standing in the Fort Bend legal community can be advantageous when negotiating with prosecutors or presenting cases to judges.

Conclusion

Assault charges in Fort Bend County can have serious and lasting consequences. Understanding the different types of assault offenses, their potential penalties, and the legal process is crucial for anyone facing such charges. Early intervention and skilled legal representation can make a significant difference in the outcome of an assault case.

Varghese Summersett, with its local expertise, proven track record, and client-centered approach, stands ready to provide the robust defense needed to navigate these challenging legal waters. If you or a loved one is facing assault charges in Fort Bend County, don’t leave your future to chance. Contact Varghese Summersett today to ensure your rights are protected and to give yourself the best chance at a favorable resolution. You can also reach out to us for any personal injury cases in Fort Bend.