Assault Defense Attorneys in Kaufman, Texas

Unfortunately, individuals are, oftentimes, charged with assault not only when they are the aggressor in a fight but when they were simply defending themselves.

Regardless of whether you were defending yourself or were otherwise involved in a fight, you shouldn’t have to face a criminal record for the rest of your life.  

If you or a loved one have been charged with assault, it is crucial to have a skilled criminal defense attorney by your side. At Harrell & Paulson, we can help defend you against these charges and minimize the resulting consequences. Located in Kaufman and Heath, Texas, we proudly serve clients throughout Forney, Terrell, and Rockwall. 

What Is Assault?  

Assault is a serious criminal offense that involves the intentional act of causing someone to fear imminent harm or actually inflicting harm upon another person. In Texas, assault can range from threats of violence to physical attacks, and it covers a wide spectrum of behaviors that can result in significant legal consequences.  

In Texas, assault charges can vary based on the severity and circumstances of the incident. The different types of assault include: 

• Simple assault: Involves causing minor physical harm or offensive contact, or threatening someone with imminent physical injury without actually harming them. 

• Aggravated assault: Characterized by causing serious bodily injury to another person or using or exhibiting a deadly weapon during the commission of the assault. 

• Domestic assault: Occurs between family members, household members, or intimate partners and can involve physical, emotional, or psychological abuse. 

• Sexual assault: Involves non-consensual sexual contact or behavior, including rape, molestation, and unwanted groping. 

• Intoxication Assault: Occurs when an individual causes serious bodily injury to someone else due to operating a vehicle while intoxicated, whether under the influence of alcohol or drugs. 

Understanding the distinct types of assault is important for mounting an effective legal defense and seeking the best outcome to your case. 

Simple Assault vs. Aggravated Assault Charges  

When it comes to classifying the type of assault, most assault falls under simple or aggravated. In Texas, most assault charges are generally considered simple assault. Simple assault occurs when someone intentionally or recklessly causes bodily injury to another person. Even a threat of bodily injury can result in someone being charged with assault.  

You should also know that you may be charged with assault for taking part in “provocative or offensive physical contact” with another person. Additionally, simple assault is limited to causing cuts or bruises on another. If you are accused of breaking bones or causing other serious injuries, you will most likely face aggravated assault charges. 

Aggravated assault occurs when someone causes serious bodily injury to another person or when they use or threaten to use a deadly weapon, such as a gun or knife while committing assault. The penalties for an aggravated assault charge are significantly harsher than those for simple assault. 

Penalties for Simple Assault in Texas 

The penalties for simple assault in Texas vary depending on the nature and specific circumstances of the incident. The classifications and corresponding penalties for simple assault include: 

• Class C misdemeanor: If the simple assault involves threatening someone with imminent bodily injury or causing offensive physical contact, it is typically classified as a Class C misdemeanor. This is the least severe category, resulting in a fine of up to $500 but no jail time. 

• Class B misdemeanor: Simple assault that results in minor bodily injury to another person, particularly in a non-domestic context, can be charged as a Class B misdemeanor. Penalties for this classification can include up to 180 days in jail and fines up to $2,000. 

• Class A misdemeanor: If the simple assault results in bodily injury to another person, particularly a public servant or emergency services personnel, or in the context of domestic violence, it may be classified as a Class A misdemeanor. This can lead to up to one year in jail and fines of up to $4,000. 

A Class A misdemeanor could be enhanced to a more serious charge depending on the injury and individual. For example, if assault was committed against a medical practitioner, police officer, or pregnant woman, you could be charged with a third-degree felony, which entails up to 10 years in jail and a maximum $10,000 fine. 

Penalties for Aggravated Assault in Texas 

Aggravated assault is considered a more serious offense and can be charged as either a second or first-degree felony with significantly harsher penalties. In Texas, the penalties for aggravated assault can vary based on several factors, including the circumstances of the assault, the use of a deadly weapon, and the relationship between the perpetrator and the victim. 

• Second-degree felony: In most cases, aggravated assault is classified as a second-degree felony. If convicted, the penalties include imprisonment for 2 to 20 years and fines up to $10,000. 

• First-degree felony: Certain aggravating circumstances can elevate the charge to a first-degree felony. Examples include aggravated assault against a family or household member, someone the perpetrator is dating, or if the assault results in serious bodily injury. Penalties for a first-degree felony range from 5 to 99 years or life imprisonment and fines up to $10,000. 

Aggravated assault charges can also be enhanced based on other specific factors: 

• Public servants: The penalties can be more severe if the victim is a public servant performing their duty, a security officer, witness, or informant. 

• Retaliation: Charges can be enhanced if the assault is in retaliation against a public servant or witness. 

• Elderly individuals or children: Including assault against elderly individuals (65 years or older) or children (younger than 14 years). 

Beyond imprisonment and fines, those convicted of aggravated assault may face additional consequences such as loss of the right to own firearms, difficulties in securing employment, and a permanent criminal record. If you're facing aggravated assault charges, contact a skilled criminal defense attorney for help. 

How to Defend Against Assault Charges  

At Harrell & Paulson, our experienced team of criminal defense attorneys employs effective defense strategies that can challenge the accusations against you. Some common defense strategies that we may use in assault cases include: 

• Self-defense: If you can demonstrate that you were protecting yourself from imminent harm or injury at the time of the alleged assault, your actions may be deemed justifiable. To establish self-defense, you must show that the force used was reasonable and necessary under the circumstances. 

• Defense of others: Similar to self-defense, you may argue that you were acting to protect another person from harm. This defense requires proving that the other person was facing an imminent threat and that your intervention was necessary and reasonable. 

• Defense of property: In some situations, assault may be justified if it is necessary to prevent unlawful intrusion or damage to your property. This defense typically applies when you use reasonable force to protect your home or belongings from being taken or destroyed. 

• Lack of intent: Assault charges often require proving that the defendant intended to cause harm or create fear of harm. If you can show that you did not have the requisite intent or that the injury was accidental, it may be possible to dispute the charges. 

• Consent: If the alleged victim consented to physical contact (e.g., in a sporting event or mutual altercation), this can be a valid defense. However, the extent and context of the consent will be carefully examined. 

Every assault case is unique and requires a tailored defense strategy based on the specific facts and circumstances. At Harrell & Paulson, we will assess your case, identify the most viable defenses, and work diligently to protect your rights and achieve the most favorable outcome possible. 

Assault Attorneys Serving Kaufman, Texas 

Being charged with assault is often a stressful and overwhelming experience. At Harrell & Paulson, we understand the gravity of these charges and are committed to providing compassionate, skilled representation to our clients.  

Our team is well-versed in Texas assault laws and we will work tirelessly to build a strong defense on your behalf. If you’ve been charged with assault, you can depend on Harrell & Paulson. Contact us today to schedule an initial consultation.