Texas Assault Lawyers
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Serving Ellis County, Johnson County, Tarrant County, and Dallas County
If you or a loved one has been arrested for assault and battery in Texas, worrying about what comes next is natural. At McCarty-Larson, PLLC, we guide you through it and pursue the best possible outcome for your criminal defense case.
McCarty-Larson, PLLC also helps residents in the following areas across Texas: Alvarado, Arlington, Burleson, Dallas, DeSoto, Fort Worth, Grand Prairie, Mansfield, Midlothian, and Waxahachie
Understanding Simple Assault Charges
Simple assault in Texas covers a range of actions, from minor confrontations to more serious physical altercations. It generally includes causing bodily injury, threatening imminent harm, or making offensive physical contact. It can be charged as a misdemeanor or a felony, and penalties climb if the victim is a public servant or family member, or if it is a repeat offense.
Penalties for Simple Assault
Simple assault falls into three levels. A Class C misdemeanor involves threats or provocative contact without physical harm and carries a fine of up to $500. A Class B misdemeanor can lead to a fine of up to $2,000 and/or up to 180 days in jail. A Class A misdemeanor, which applies when there is physical contact causing pain or minor injury, carries a fine of up to $4,000 and/or up to one year in jail.
Aggravated Assault and Deadly Conduct
Aggravated assault involves serious bodily injury or a deadly weapon and is usually charged as a felony. A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000. A first-degree felony carries 5 to 99 years or life and a fine of up to $10,000. Assaults against public servants or family members are often charged at the first-degree level.
Deadly conduct, such as discharging a firearm toward a person or vehicle, can be charged as a Class A misdemeanor (up to one year in jail and a $4,000 fine) or a third-degree felony (2 to 10 years and up to $10,000) when a firearm is fired.
Defenses to Assault
The right defense depends on the facts. Common ones include self-defense under the Texas Castle Doctrine, lack of intent to cause harm, and insufficient evidence. If evidence was obtained through an illegal search in violation of your Fourth Amendment rights, or if there were procedural errors during arrest or booking, the court may throw it out. A charge can also fall apart when the alleged victim declines to cooperate or signs an affidavit of non-prosecution, or in cases of mistaken identity or mutual consent.
Mistakes to Avoid After an Assault Arrest
A few common mistakes can make things worse. Do not talk to police without a lawyer, since anything you say can be used against you. Do not miss court dates, which can trigger a warrant. And do not discuss your case on social media, because the prosecution can use your posts. Keep the details private and let your attorney do the talking.
How McCarty-Larson, PLLC Can Help
The firm was founded and led by a former law enforcement officer and prosecutor, giving us insight into both sides of a case. An assault conviction carries fines, jail time, and a lasting criminal record, so having the right lawyers matters. McCarty-Larson, PLLC holds 300+ Google 5-star reviews and offers free consultations to review your case and explain your options.
Frequently Asked Questions About Assault and Battery Charges in Texas
The first step is to remain calm and avoid making any statements that could be used against you. Contacting a lawyer as soon as possible is crucial. Texas assault lawyers can provide you with guidance on how to handle the situation, protect your rights, and begin building your defense. Avoid discussing your case with anyone other than your attorney to prevent unintentional self-incrimination.
The consequences of an assault and battery conviction in Texas can vary widely depending on the severity of the incident and whether it is classified as a misdemeanor or a felony. Penalties may include jail or prison time, fines, community service, probation, and a permanent criminal record. A conviction can also impact your personal and professional life, making it more difficult to find employment or housing.
Yes, it is possible for an assault and battery charge to be dropped in Texas, but this depends on the circumstances of the case. Your attorney may be able to negotiate with the prosecutor, present evidence that weakens the prosecution’s case, or demonstrate that the incident was a misunderstanding. In some cases, lack of sufficient evidence or the willingness of the alleged victim to drop the charges can lead to dismissal.
A lawyer can provide critical assistance if you are charged with assault and battery. They can evaluate the details of your case, identify potential defenses, negotiate with prosecutors, and represent you in court. Texas assault lawyers have a deep understanding of state laws and can work to protect your rights, aiming to achieve the best possible outcome for your situation.
Several defenses can be used against assault and battery charges in Texas. Self-defense is one of the most common, where you assert that you acted to protect yourself or others from harm. Another defense is the defense of property, where you argue that you were protecting your property from being damaged or stolen. Consent, where the alleged victim agreed to the contact, and lack of intent, where you did not intend to cause harm, can also be viable defenses.
If you are convicted of assault and battery in Texas, it will appear on your criminal record. This record can be accessed by potential employers, landlords, and others conducting background checks. However, if your charges are dismissed, or if you successfully complete a deferred adjudication program, you may be eligible to have your record sealed or expunged, which can limit public access to your criminal history.
Yes, it is possible to face a civil lawsuit in addition to criminal charges for an assault and battery incident in Texas. The alleged victim may file a civil suit seeking monetary damages for medical expenses, pain and suffering, and other related costs. Even if you are acquitted in criminal court, you can still be held liable in a civil court where the burden of proof is lower.
The duration of an assault and battery case in Texas can vary greatly depending on the complexity of the case, the court’s schedule, and whether a plea agreement is reached. Some cases may be resolved in a few months, while others could take over a year if they go to trial. Your attorney can provide a more accurate timeline based on the specifics of your case.
When choosing a lawyer for your assault and battery case, it is important to find someone with experience in handling similar cases in Texas. Look for a lawyer who has a good track record of achieving favorable outcomes for their clients. Additionally, find someone who communicates clearly, makes you feel comfortable, and is dedicated to advocating for your rights throughout the legal process. Personal referrals, online reviews, and initial consultations can help you make an informed decision.
Contact Our Texas Assault Lawyers at McCarty-Larson, PLLC
If you have been arrested for assault and battery in Texas, getting the right help quickly matters. McCarty-Larson, PLLC offers free consultations to review your case, answer your questions, and explain your legal options at no cost or obligation.
Contact McCarty-Larson, PLLC today at (972) 775-2100 to schedule your free consultation and start building your defense.
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We Proudly Serve the Following Communities
Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
