In Texas, assault is when someone hurts or threatens to hurt another person. It can also mean touching someone in a way that they did not want, even if there was no injury. The law in Texas covers many different kinds of assault. A person does not need to leave a mark on someone to be charged. Just the act of trying to hurt or scare someone can lead to a case. This is why it is important to know how these charges work and what they mean for someone who is facing them.
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Different Types of Assault Charges
There are different levels of assault in Texas. Some are not very serious, but others can bring heavy punishments. A simple assault usually means someone hit, pushed, or threatened another person. This is often a misdemeanor. But if a weapon is used, or if the victim is a public worker like a police officer or a nurse, the charge can become a felony. Felonies are more serious and can lead to time in prison.
Another type is aggravated assault. This happens when someone causes serious harm or uses a deadly weapon. A deadly weapon can be a gun, a knife, or even a car if used to hurt someone. Aggravated assault can bring long jail time and big fines. There is also a special kind of assault called domestic assault. This is when the person hurt is someone close, like a family member or a romantic partner. If someone has a history of hurting family members, the punishment can be much worse.
What the Law Says
Texas law is clear about assault. It is written in the Texas Penal Code. The law says that it is a crime to hurt someone on purpose, to scare someone with the threat of harm, or to touch someone in a way that is offensive. Even if someone says they were just joking or did not mean it, the police and courts may still take action. The law looks at what happened, not just what the person says their reason was.
When the Police Get Involved
When police are called to a fight or an incident, they have to figure out what happened. If they believe someone was hurt or scared, they might arrest someone right away. They do not always need to see the injury or get full proof. Sometimes just a report from a witness or a victim is enough. Once arrested, the person will go to jail until they can see a judge. This can happen fast, sometimes the same day.
What Happens After an Arrest
After someone is arrested for assault, they will go through the court system. This begins with something called arraignment, where the person hears the charges and can plead guilty or not guilty. If they plead not guilty, the case goes to trial. Before trial, there may be chances to talk with the court or prosecutors to find another way to resolve the case. This can include plea deals, where the person agrees to a smaller punishment instead of going to trial.
The court will also look at other things, like if this is the first time the person has been in trouble, if they are likely to hurt someone again, and if they are sorry for what happened. The court can order jail time, probation, community service, or anger classes. Each case is different, and the punishment depends on the facts.
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Your Rights in an Assault Case
Anyone who is charged with assault has rights. These rights are very important. A person has the right to stay silent. They do not have to talk to the police or answer questions. They also have the right to have a lawyer help them. A lawyer can speak for them, explain the law, and help make sure they are treated fairly. They also have the right to a trial, where they can tell their side of the story and ask questions about the evidence.
It is important to remember that just being charged does not mean someone is guilty. The law says everyone is innocent until proven guilty. That means the court must have strong proof before someone can be punished.
How a Conviction Can Change Your Life
Getting convicted of assault can cause big problems. It can lead to jail or prison, fines, and a criminal record. A record can make it hard to find a job, rent a home, or go to school. Some people may also lose their right to own a gun or vote. If the case involves family members, a conviction could affect child custody or the right to visit children. These effects can last a long time, even after the punishment is over.
Because of these risks, it is very important to take the charges seriously. Even if someone thinks the case is small or that the person who called the police wants to drop the charges, the court may still move forward. The prosecutor, not the victim, decides what happens with the case.
What to Do if You Are Facing a Charge
If someone is charged with assault, the first step is to stay calm. Getting upset or talking too much can make things worse. It is best not to speak to the police without help. A lawyer should be called as soon as possible. The lawyer can look at the facts, talk to witnesses, and work to protect the person’s rights. They can also help try to get the charges dropped or reduced.
A lawyer might be able to show that the person acted in self-defense. In Texas, people are allowed to protect themselves if someone tries to hurt them. But the law is careful about when and how someone can do this. A lawyer can explain if self-defense is a strong option in a case.
How the Case Might End
There are many ways an assault case can end. Sometimes, the person may be found not guilty and the case is closed. Other times, they might agree to take a plea deal and accept a smaller punishment. In other cases, they may be given probation instead of jail time. The best result depends on what happened and how the case is handled.
Sometimes, a lawyer can help someone get into a program that lets them keep their record clean. These programs may include classes, community service, or counseling. If the person does everything right, the case might be dropped or erased from their record.
Getting Help Right Away
Assault charges in Texas are serious. They can affect your job, your home, and your future. But you do not have to go through it alone. There are ways to fight the charges, reduce the harm, and protect your life. The sooner you act, the more options you will have.
If you or someone you care about is facing assault charges in Texas, it is time to speak with a legal team that knows how to handle these cases. The right legal support can help you understand the law, protect your rights, and guide you through the steps ahead.
Reach out to McCarty Larson PLLC now and get the help you need to face your charges the right way. Your future is important. Let us help you defend it.