Bellaire Assault Lawyer

Assault Attorney in Bellaire, TX

Assault is a violent crime charge that can greatly impact your life if you do not have the right legal representation. Several reasonable defenses for assault can help you get your charges dropped or reduced should you have the right team on your side. A skilled Bellaire assault lawyer can craft a strategic, effective defense to set you on the path to freedom.

Many times, a Bellaire criminal defense lawyer may encourage their clients to accept a plea deal if they are charged with assault or other violent crimes. At Segura & Kiatta, a plea deal is rarely our first option. Instead, we use our legal knowledge and wealth of experience to investigate your case and fiercely protect your rights.

Bellaire Assault Statistics

Bellaire, Texas, has a low violent crime rate compared to other Harris County cities. In fact, assault cases reduced by 26.9% from 2020 to 2021, totaling 38 cases according to a Bellaire police report. Assault cases were much higher in Harris County overall, with 574 cases per 100,000 residents. The crime of assault is taken seriously and can require a Bellaire assault attorney for optimal success.

What Is an Assault in Texas?

In Texas, assault is considered a violent crime. The Texas Penal Code provides a specific definition of assault as follows:

• A person intentionally, knowingly, or recklessly causes bodily injury to another person or their spouse.
• A person intentionally or knowingly threatens to cause imminent bodily injury to another person or their spouse.
• A person intentionally or knowingly makes offensive or provocative physical contact with another person.

Examples of assault that may cause bodily injury include slapping, punching, or hitting another person. Assault that threatens to cause bodily injury may include making verbal threats to kill or injure a person, withdrawing a weapon, or pointing a finger at a person in a threatening way. Lastly, assault that involves making offensive or provocative contact may include poking, pushing, grabbing, or spitting on someone.

What Are Assault Laws in Texas?

In Texas, assault is generally considered a Class A misdemeanor, which may be punishable by up to a year in jail and paying up to $4,000 in fines, or both. The charge may increase to a third-degree felony if the victim was a public servant or if the assault was domestic violence. In this case, the penalty may be serving 2 to 10 years in jail, paying up to $10,000 in fines, or both.

When to Hire an Assault Lawyer

If you are arrested or charged with assault, you may feel worried, overwhelmed, and uncertain about what the future holds. Whether you maintain your innocence or you were caught in the wrong place at the wrong time, there are several defenses available to you. A Bellaire criminal defense lawyer can help your assault case by building one or more of the following defenses:

• Innocence. In some cases, law enforcement may get it wrong and arrest the wrong person, or you may be wrongly accused. Whatever the case, if you can prove you did not intentionally or knowingly harm someone, you may have a strong case.
• Violation of constitutional rights. You have certain rights under the U.S. Constitution, which include the right to a lawful search and seizure and due process. If these rights are violated, or if an officer used excessive force during your arrest, you may have a strong case.
• Insanity. Many people under mental stress or who suffer severe mental illness may be accused of assault. If you are in a certain mental state, you may not know your actions, which can create a solid defense.
• Self-defense. In Texas, there is the “Stand Your Ground” law, which allows a person to protect themselves if they reasonably believe they are in imminent danger or there is a threat of danger. In this case, using bodily force to defend yourself or someone else may help create a strong defense.

The team at Segura & Kiatta can examine the specifics of your case. They can help you determine the most beneficial defense to protect your future.

FAQs

What Qualifies as Assault in Texas?

Under the Texas Penal Code, assault is defined as intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or causing provocative physical contact to another. Assault is typically a Class A misdemeanor, but it can be enhanced to a felony depending on the victim or circumstances, such as family violence or public servant status. Specific examples include punching, hitting, spitting, biting, groping, or making threats.

How Much Does an Assault Lawyer Cost?

The cost of an assault lawyer varies based upon factors such as the complexity of the case, the lawyer’s skill and experience, and the firm’s location. Skilled and experienced lawyer with high success rates may justify charging more, as may lawyers in areas with a higher cost of living. Many clients reveal that the cost of a lawyer pales in comparison to being convicted of an assault charge.

What’s the Lowest Level of Assault?

The lowest level of assault is a Class C misdemeanor, which typically involves inappropriate, provocative, or physical touch, but there is no physical injury. It also may involve threats of bodily injury. For example, spitting, grabbing, or groping someone. The punishment for this offense is typically a fine of up to $500.

Is Pushing Someone Away from You an Assault?

Yes, pushing someone away from you may be considered assault, especially if you intentionally, knowingly, or recklessly caused bodily injury. However, if you push someone away from you out of self-defense, then it may not be considered assault. Ultimately, a court may decide if a behavior is assault, and a Bellaire assault attorney can help build a case if your actions were for self-defense.

Contact Segura & Kiatta for a Strong Assault Defense

An assault charge not only may result in jail time and paying hefty fines, but it may also remain on your permanent criminal record, impeding your chances of obtaining a job, housing, or educational opportunities. This is why you should contact Segura & Kiatta to improve your chances of securing your freedom and moving forward with your life. Contact us today for a consultation.