Have you been arrested or charged with assault in San Antonio, TX? Facing an assault charge can be daunting, with the potential for severe consequences such as hefty fines, imprisonment, and a permanent mark on your criminal record. At Ernest Acevedo Law Group, we understand the gravity of your situation and are committed to providing the robust defense you deserve. Contact our law firm in San Antonio, Texas at (210) 226-5656
At Ernest Acevedo Law Group, we bring a wealth of experience and a deep understanding of Texas criminal law to your defense. Our founding attorney, backed by a dedicated legal team, has been zealously defending the rights of San Antonio residents for years, tackling a wide range of criminal cases including assault, theft, federal crimes, and more.
We recognize the high stakes involved in criminal charges. That’s why we’re committed to offering not just legal representation, but a supportive guide through the complexities of the legal system. Your fight is our fight, and we’re here to stand with you every step of the way.
Don’t delay in seeking legal assistance. Contact Ernest Acevedo Law Group today to begin building a strong, effective defense for your case. We’re here to help you navigate these challenging times and work towards the best possible outcome.
How Our San Antonio Criminal Defense Lawyer Can Help You Fight Assault Charges
Clients facing assault charges can benefit from the aggressive representation and strategic defense provided by San Antonio criminal defense lawyer. Our extensive experience in handling these cases allows us to develop robust defense strategies, ensuring that all of your rights are protected. Some of the services we offer through our San Antonio criminal defense lawyer include:
- Presenting the facts and circumstances of an aggravated assault case to a jury
- Safeguarding your liberties and autonomy
- Providing personalized legal advice and guidance throughout the legal process
With the help of a highly-rated San Antonio criminal defense attorney, you can increase the likelihood of a favorable outcome for your case.
Defending against assault charges encompasses a process of case evaluation, evidence analysis, and strategic defense planning. San Antonio criminal defense lawyer will investigate possible defenses, discuss plea bargains, collect evidence, dispute the prosecution’s evidence, and support our clients in court. With our expertise, they can help you navigate the complexities of the legal system and fight for the best possible outcome.
What Constitutes Assault?
According to the Texas Penal Code §5.22.01, assault is defined as intentionally or knowingly causing bodily harm, threatening harm, or making offensive physical contact with another person. This broad definition means that assault charges can arise from a wide range of actions, including threatening gestures or even failed attempts to cause harm.
Furthermore, strangulation is considered a criminal offense under criminal law, defined as the intentional obstruction of normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
A law firm specializing in criminal defense can handle a variety of assault cases, including:
- Simple assault
- Aggravated assault
- Domestic assault
- Sexual assault
An effective defense strategy requires a deep understanding of the nuances of each type of assault.
How Our San Antonio Criminal Defense Lawyers Can Help You Fight Assault Charges
Fighting assault charges necessitates engaging the services of a San Antonio criminal defense lawyer. These legal professionals offer comprehensive support, including:
- Case evaluation
- Evidence analysis
- Strategic defense planning
- Assisting with plea bargains by engaging in negotiations with the prosecution to reduce the charges or sentence
- Providing court advocacy by presenting a robust defense in court and advocating on behalf of their clients.
It’s important to remember that the ultimate goal of a San Antonio criminal defense lawyer is to protect your rights and secure the best possible outcome for your case. With our expertise in handling assault cases, we can help you navigate the complexities of the legal system, ensuring that your rights are protected and that you have the best chance of a successful outcome.
The Types of Assault
In Texas, there are several types of assault, including:
- Simple assault
- Aggravated assault
- Domestic assault
- Sexual assault
Each type of assault carries varying degrees of severity and penalties. An effective defense strategy requires a deep understanding of the nuances of each type of assault.
Simple Assault
Simple assault involves intentional, knowing, or reckless actions causing bodily injury to another person. Examples of simple assault include swinging and missing a punch, or making threatening gestures or verbal threats that lead the victim to believe they will be harmed.
Depending on the circumstances, simple assault can lead to criminal charges and penalties.
Proving Simple Assault
To prove simple assault, prosecutors usually need to demonstrate the defendant’s intent, act, and lack of consent. Various forms of evidence, including witness testimony, victim statements, surveillance footage, and medical records, can be utilized to demonstrate simple assault.
Challenging the evidence and protecting the accused’s rights requires a robust defense strategy.
Aggravated Assault
Aggravated assault is defined as intentional actions causing fear of imminent harm, serious bodily injury, or the use of a deadly weapon. Examples of aggravated assault include using a weapon in an assault, causing serious injury to a family member, or assaulting a public servant or officer of the law.
Penalties for aggravated assault can be severe, making it crucial to have an experienced criminal defense attorney on your side.
Domestic Assault
Domestic violence, also known as domestic assault, occurs when an individual intentionally or knowingly causes harm or threatens harm to a family member, household member, or dating partner. This type of assault can have a significant impact on victims, and the legal repercussions can be grave.
A strong defense strategy in criminal law, is essential to protect the accused’s rights and ensure the best possible outcome.
Sexual Assault
Sexual assault is defined as non-consensual sexual penetration, and is punishable by fines of up to $10,000 and a prison sentence of 2-20 years. Physical force, threats of violence, coercion, or manipulation can be seen as evidence that the individual did not consent willingly. Presenting it in a court of law could demonstrate the lack of consent..
A successful defense against sexual assault and aggravated sexual assault charges requires an experienced criminal defense attorney to navigate the complexities of the legal system.
What Are the Penalties for an Assault Charge in San Antonio, Texas?
The penalties for assault charges in San Antonio, Texas, depend on the severity of the offense. Misdemeanor assault charges involve minor injuries or threats of injury, carrying penalties such as fines up to $4,000 and 12 months in jail.
On the other hand, felony assault charges may result from prior violent crimes, assaulting an officer, or using a weapon, with penalties including fines up to $10,000 and 10 to 20 years in prison.
The subsections that follow will provide a more detailed discussion on the penalties for misdemeanor and felony assault charges.
Misdemeanor charges:
Misdemeanor assault charges refer to offenses involving minor injuries or threats of injury. In San Antonio, Texas, a class A misdemeanor assault charge may result in fines up to $4,000 and 12 months in jail.
Felony charges:
Felony assault charges in San Antonio, Texas, are usually the result of prior violent crimes, assaulting an officer, or using a weapon. These serious criminal charges carry penalties such as fines of up to $10,000 and a prison sentence of 10 to 20 years.
Penalty Examples
The penalties for assault charges in San Antonio, Texas, depend on the degree of the offense. Here are the penalties for each degree:
- Fourth-degree assault: fines up to $500 and 12 months in jail
- Third-degree assault: fines up to $4,000 and 2 to 10 years in prison
- Second-degree assault: fines up to $10,000 and 2 to 20 years in prison
- First-degree assault: fines up to $10,000 and 10 to 20 years in prison
Fourth-degree Assault
Fourth-degree assault is classified as a Class A misdemeanor in Texas, involving intentionally, knowingly, or recklessly causing bodily injury to another person. The penalties for a fourth-degree assault charge in San Antonio, Texas, may include fines up to $500 and 12 months in jail.
Third-degree Assault
Third-degree assault is classified as a Class D felony with potential penalties including 1 to 5 years in prison. In San Antonio, Texas, potential penalties for an individual convicted of a third-degree assault charge may include a prison sentence ranging from 2 to 10 years and/or a fine of up to $10,000.
Second-degree Assault
Second-degree assault is classified as a Class C felony with potential penalties including 5 to 10 years in prison. In San Antonio, Texas, a second-degree assault charge can be very serious. If convicted, an offender may face a prison sentence of 2 to 20 years and/or a fine of up to $10,000.
First-degree Assault
First-degree assault is classified as a Class B felony in Texas, involving intentionally, knowingly, or recklessly causing bodily injury to another person. In San Antonio, Texas, a first-degree assault charge may result in a prison sentence of 2-20 years and a fine of up to $10,000.
How Can You Defend Yourself if You Are Facing Assault Charges?
Defending against assault charges may involve asserting self-defense or other legal defenses, such as consent, defense of others, or defense of property.
Self Defense
Self-defense is a valid legal defense for assault charges when the defendant used reasonable force to protect themselves from harm or the threat of harm. The actions taken must be justifiable as a response to violence or a threat of violence, provided that the minimum force necessary was employed.
Other Defenses to Assault
Other defenses to assault may include consent, defense of others, defense of property, or lack of intent or knowledge in causing harm. Consent is a legal defense for assault charges when the victim has given approval to the actions that caused the assault.
Provocation is a legal defense for assault charges when the defendant was spurred into committing the assault. Voluntary assumption of risk is a legal defense for assault charges when the victim knowingly accepted the risk of harm.
Having an experienced team of criminal defense attorneys at a reputable law office by your side to navigate the legal system’s complexities in criminal defense cases and strive for the best possible outcome is of utmost importance.
Call Our San Antonio Assault Defense Lawyers Today
Should you or a loved one face assault charges in San Antonio, Texas, our experienced assault defense lawyer is ready and, available for consultation in San Antonio, TX. Our comprehensive legal support and aggressive representation, can help protect your rights and secure the best possible outcome for your case.
Don’t leave your future to chance – call us at 210-226-5656 or visit our San Antonio office to speak with an experienced San Antonio assault defense lawyer for a free consultation.
