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ASSAULT
This includes Assault or Aggravated Assault with a weapon, (domestic violence, family violence, causing injury, stabbing, shooting or hitting someone with your car or truck, Deadly or Disorderly Conduct, Terroristic Threat & Weapons Charges).
What happens next?By now you should have posted a bail bond and you have received a date to appear in Court to answer the charges. You may have as a condition of your bail bond a requirement that you not contact or come near the alleged victim of the assault.
If bail bond has not been posted, call us to discuss how to get your loved one home or change the conditions of your bail bond.
THE PROCESSYour first step should be to hire an attorney whom you feel confident in and who also makes you feel comfortable. I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and proclaim your innocence to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and interviewing and speaking with the witnesses, the complainants, the officers, the District Attorney or prosecutor, the Judge, and ultimately, prepare your defense package and eloquently present your innocence to the Jury if your case needs to go that far. Your first court date will usually not be your trial date.
Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a police procedure expert, a doctor, an accident reconstructionist, or character/personality witnesses.
When preparing a defense for we start with interviewing our client and reading what the charging officer and the Complaint state. We then compare this information with the law, the science regarding the injuries, and the facts we discover.
Sometimes a person may be charged due to an accident, mistake, or because of exercising the right of self-defense. These can be valid reasons to have your case dismissed.
Aggravated Assault Charges Q&A :Q: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of Assault?
A:Probation or up to one year in the County Jail for first time Class A Misdemeanor Assault
I can help you avoid a conviction and jail time by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over 17 years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your assault charge without a conviction on your record, my request for deferred adjudication or dismissal is almost always granted for this category of Assault case. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Usually the prosecutor wants to interview the alleged victim in the case. But once that has happened, a request for Deferred Adjudication is usually granted within a few minutes to an hour of the request. Once you pass the deferred adjudication successfully, you may then petition the Court to seal your record from the general public through a petition for non-disclosure as long as you have waited for the applicable time and no affirmative finding of family violence has been made in your case.
Q. What if I am charged with the type of Assault known as domestic or family violence?
A. The same thing applies as to a Domestic Violence First Assault (Class A Misdemeanor): Probation or up to one year in the county jail. However the Court will probably want to add something called an “affirmative finding of family violence.” This means that they are specifically finding that the assault was on a member of your family, or household, or a romantic partner. This can be relevant if you are charged with another subsequent Family violence or domestic violence assault. If this is your second Family Violence or Domestic Violence assault case, the punishment range is moved up to a third degree felony and you are looking at probation (if you have no prior felonies)or 2 years to 10 years at TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.
I can help you avoid a conviction and/or jail time by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your family violence or domestic violence assault charge without a conviction on your record, my request for deferred adjudication or dismissal is almost always granted for this category of Assault case. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Usually the prosecutor wants to interview the alleged victim in the case. But once that has happened, a request for Deferred Adjudication is usually granted within a few minutes to an hour of the request.
Q. What if I am charged with Aggravated Assault with a weapon, causing serious bodily injury, stabbing, clubbing, shooting or hitting someone with your car or truck?
A. Aggravated Assault with a weapon, causing serious bodily injury, stabbing, clubbing, shooting or hitting someone with your car or truck can be charged as a second degree felony.
The the punishment range for such an aggravated assault is probation (if you have no prior felonies)or 2 years to 20 years at TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.I can help you avoid a conviction and/or jail time by requesting a dismissal or a Deferred Adjudication in your case. Please call me and tell me of the specific facts of your case so I can discuss your chances of obtaining a favorable result. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Usually the prosecutor wants to interview the alleged victim in the case. But once that has happened, a response to a request for Deferred Adjudication is usually granted within a few minutes to an hour of the request, unless the injuries were extremely serious, or a child or the elderly were injured, or the victim or their family have swayed the prosecutor against the granting of deferred adjudication. In such situations, the Judge of the Court may be able to help us in obtaining the deferred adjudication. Ultimately, if your case is not resolved to your satisfaction with the prosecutor and the judge, we may ask the jury to answer the question of guilt or innocence in your case.
If you are charged with a felony assault or assaulting the elderly or assaulting a child, or you are charged with Aggravated Assault with a weapon, causing serious bodily injury, stabbing, clubbing, shooting or hitting someone with your car or truck, causing serious bodily injury, please read the remaining sections and speak to an attorney immediately.
What happens next?By now you should have posted a bail bond and you have received a date to appear in Court to answer the charges. You may have as a condition of your bail bond a requirement that you not contact or come near the alleged victim of the assault.
If bail bond has not been posted, call us to discuss how to get your loved one home or change the conditions of your bail bond.
THE PROCESSYour first step should be to hire an attorney whom you feel confident in and who also makes you feel comfortable. I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and proclaim your innocence to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and interviewing and speaking with the witnesses, the complainants, the officers, the District Attorney or prosecutor, the Judge, and ultimately, prepare your defense package and eloquently present your innocence to the Jury if your case needs to go that far. Your first court date will usually not be your trial date.
Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a police procedure expert, a doctor, an accident reconstructionist, or character/personality witnesses.
When preparing a defense for we start with interviewing our client and reading what the charging officer and the Complaint state. We then compare this information with the law, the science regarding the injuries, and the facts we discover.
Sometimes a person may be charged due to an accident, mistake, or because of exercising the right of self-defense. These can be valid reasons to have your case dismissed.
Aggravated Assault Charges Q&A :Q: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of Assault?
A:Probation or up to one year in the County Jail for first time Class A Misdemeanor Assault
I can help you avoid a conviction and jail time by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over 17 years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your assault charge without a conviction on your record, my request for deferred adjudication or dismissal is almost always granted for this category of Assault case. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Usually the prosecutor wants to interview the alleged victim in the case. But once that has happened, a request for Deferred Adjudication is usually granted within a few minutes to an hour of the request. Once you pass the deferred adjudication successfully, you may then petition the Court to seal your record from the general public through a petition for non-disclosure as long as you have waited for the applicable time and no affirmative finding of family violence has been made in your case.
Q. What if I am charged with the type of Assault known as domestic or family violence?
A. The same thing applies as to a Domestic Violence First Assault (Class A Misdemeanor): Probation or up to one year in the county jail. However the Court will probably want to add something called an “affirmative finding of family violence.” This means that they are specifically finding that the assault was on a member of your family, or household, or a romantic partner. This can be relevant if you are charged with another subsequent Family violence or domestic violence assault. If this is your second Family Violence or Domestic Violence assault case, the punishment range is moved up to a third degree felony and you are looking at probation (if you have no prior felonies)or 2 years to 10 years at TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.
I can help you avoid a conviction and/or jail time by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your family violence or domestic violence assault charge without a conviction on your record, my request for deferred adjudication or dismissal is almost always granted for this category of Assault case. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Usually the prosecutor wants to interview the alleged victim in the case. But once that has happened, a request for Deferred Adjudication is usually granted within a few minutes to an hour of the request.
Q. What if I am charged with Aggravated Assault with a weapon, causing serious bodily injury, stabbing, clubbing, shooting or hitting someone with your car or truck?
A. Aggravated Assault with a weapon, causing serious bodily injury, stabbing, clubbing, shooting or hitting someone with your car or truck can be charged as a second degree felony.
The the punishment range for such an aggravated assault is probation (if you have no prior felonies)or 2 years to 20 years at TDC (Texas Department of Corrections or TDCJ (Texas Department of Criminal Justice), or prison.I can help you avoid a conviction and/or jail time by requesting a dismissal or a Deferred Adjudication in your case. Please call me and tell me of the specific facts of your case so I can discuss your chances of obtaining a favorable result. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty. Usually the prosecutor wants to interview the alleged victim in the case. But once that has happened, a response to a request for Deferred Adjudication is usually granted within a few minutes to an hour of the request, unless the injuries were extremely serious, or a child or the elderly were injured, or the victim or their family have swayed the prosecutor against the granting of deferred adjudication. In such situations, the Judge of the Court may be able to help us in obtaining the deferred adjudication. Ultimately, if your case is not resolved to your satisfaction with the prosecutor and the judge, we may ask the jury to answer the question of guilt or innocence in your case.
If you are charged with a felony assault or assaulting the elderly or assaulting a child, or you are charged with Aggravated Assault with a weapon, causing serious bodily injury, stabbing, clubbing, shooting or hitting someone with your car or truck, causing serious bodily injury, please read the remaining sections and speak to an attorney immediately.