Fort Bend County Assault Lawyer

Top-Rated Assault Attorney in Fort Bend County, TX

Getting accused of assault in Texas can be a frightening situation. Even a false allegation can have a significant impact on your future. A Fort Bend County assault lawyer can help you through this difficult period and mitigate the effects on your life going forward.

About Us

At Segura and Kiatta, LLP, we have spent years assisting the people of Southeast Texas with their assault cases. Our Fort Bend County criminal defense lawyers, Anthony R. Segura and David Kiatta, have over five decades of experience handling violent crimes.

We have aided clients in charges ranging from simple battery to murder. We understand that one situation doesn’t define who you are.

Case Results

Overview of Fort Bend County Assault

Assault is one of the most common types of violent crimes that occur in Fort Bend County, which has an annual violent crime rate of 3.169 per 1,000 residents. The Fort Bend County assault rate is 106.8 per 100,000 residents.

Assault is committed when a person intentionally, knowingly, or recklessly causes bodily harm to another or makes offensive physical contact with another. Assault also includes threatening bodily harm, even if no physical contact was made.

The courthouse for an assault case changes depending on the severity of the charges. Misdemeanor cases can be handled in the municipal courts nearest to you. Felony assaults are heard at the Fort Bend County Justice Center. This court is located at 1422 Eugene Heimann Circle in Richmond, TX.

What Penalties Does Assault Have in Texas?

The penalties for assault in Texas depend on the circumstances of the charge. The two main types of assault are simple and aggravated.

A simple assault case is treated as a Class A misdemeanor and is punishable by a maximum of one year in jail and up to $4,000 in fines. The charge can be escalated to a third-degree felony if the act is carried out against a public servant or someone you have an intimate relationship with, such as a roommate, romantic partner, or family member.

Simple assault becomes aggravated assault when serious bodily harm is caused to another, or when a deadly weapon is used during the assault. The minimum charge is a second-degree felony, with the potential of 2 to 20 years in prison and a fine capped at $10,000.

Aggravated assault can be raised to a first-degree felony if the incident causes paralysis or equivalent health issues, the target is a public servant, or the offender is in a vehicle and discharges a firearm from it. The maximum punishment for a first-degree felony is life in prison.

Potential Assault Case Defenses

Valid defenses against an assault allegation depend on the circumstances of your case. Frequent defense arguments include:

• You acted in self-defense
• You were defending another person
• You were protecting your property
• There was previously established consent
• False allegations
• You have an alibi for the incident
• It was an accident
• Police violated your rights
• Prosecution manipulated the evidence
• The state utilizes unreliable witnesses
• You were mistaken for another person

What to Expect After an Arrest for Assault in Fort Bend County

Being arrested for assault and formally charged with a crime can be a stressful and life-altering experience. An arrest may result from a domestic disturbance call. Once police arrive at the scene of an alleged attack, they often do not leave without arresting someone, even if they do not have all the facts. An arrest could also result from a lengthy investigation or a brawl at a bar.

The first step involves booking and processing at the Fort Bend County Jail, which is located at 1410 Ransom Road in Richmond. There, suspects have their fingerprints taken, along with photographs, before they are transferred to a jail cell. If the magistrate who oversees jail bookings finds that the defendant qualifies for bail, the defendant can post bail and be released, often on specific terms.

Early on, accused parties are formally made aware of the charges they are facing and allowed to enter a plea of guilty or not guilty. An entry of not guilty begins the pre-trial process.

This is an important period because it allows the defense to gain access to the state’s evidence. After carefully reviewing the evidence, it may become clear that the state does not have what it needs to prove guilt.

After scrutinizing the evidence, an experienced defense attorney can choose the right strategy for casting doubt on the prosecution’s narratives. During this period, the defense can also conduct its own independent investigation. If witness accounts contradict or do not add up, or if it becomes clear that the defendant acted in self-defense, that could shape how the defense approaches its case.

Understanding Aggravated Assault

Texas combines what other states would consider battery and assault under one law. While other states classify assault as an attempt to harm, battery involves actual physical contact.

Being assaulted in Texas could refer to a range of criminal acts. According to Texas Penal Code § 22.01, assault may involve intentionally, knowingly, or recklessly causing bodily injury, making threats of injury against another person, or making offensive or provocative physical contact.

The severity of the charge depends on the facts of the case, the extent of the injuries, and the relationship between the parties. Generally, a simple assault that includes offensive contact or threats may be charged as a Class C misdemeanor, while assault causing severe injuries is often a Class A misdemeanor.

An assault can become a felony when it involves aggravating circumstances, such as a prior history of family violence, assaults on certain protected groups, or family violence involving strangulation. These offenses can lead to substantial fines, lengthy jail or prison sentences, and other consequences.

An assault may also be elevated to aggravated assault under Texas Penal Code § 22.02. A person may face aggravated assault charges if they seriously hurt another person or brandish a weapon while the assault takes place. Aggravated assault is generally a second-degree felony, although it may be prosecuted as a first-degree felony in certain situations.

Challenges You Could Face Without Legal Representation

Without a strong defense, defendants could be thrown at the mercy of the court. Criminal court judges in Texas are not known for showing leniency to convicted defendants, particularly when there is an injured victim. Unrepresented defendants may struggle to understand the charges they are facing and which defense strategies they could use to secure a favorable outcome in their case.

The criminal courts are very imposing. Being arrested and compelled to appear before a court can leave the accused party feeling like a conviction is somehow inevitable. Prosecutors are aware of this and use their positions to pressure defendants into accepting unfavorable plea deals.

Defendants may not know that there are other options besides accepting an unfavorable deal. If they sign a plea deal, they admit guilt and can face immediate penalties and a criminal record.

Filing court motions can lead to rejected filings if the defendant does not understand the steps that are involved in such legal matters. Court appearances can also be confusing for someone who is not trained in law or court procedures. Without legal representation, defendants may miss critical deadlines, fail to preserve evidence, overlook opportunities to challenge the state’s case, and make other potentially costly missteps.

They may not recognize signs that their rights were violated, which could lead to missed opportunities to suppress evidence. Negotiating with prosecutors can lead to other setbacks and costly mistakes.

These missteps can have lasting consequences for someone facing a serious criminal charge like assault. A criminal defense attorney can level the playing field by protecting a defendant’s constitutional rights at every step of the court process.

Potential Outcomes of Criminal Charges

There are multiple potential outcomes to a criminal case. By pleading not guilty, you can pursue positive outcomes that avoid the most serious penalties under the law.

Many cases are resolved through plea bargaining, where prosecutors may offer a plea that the defense can accept or reject. The realities of busy court dockets and new criminal charges every day mean that the court system in Fort Bend cannot provide every defendant with a trial.

A strong defense can position the defendant for a favorable offer that could include reduced charges or reduced penalties for the standing charge. Another outcome could involve a judge approving probation, also called community supervision, as a possible outcome for their case.

The courts consider the defendant’s criminal history and other factors. Dropped charges are another possibility, especially when the state does not have sufficient evidence to prove its case. Or, a defendant can pursue a trial where a judge or jury decides the matter and imposes an appropriate punishment if the accused party is found guilty.

Hire an Assault Lawyer

The high stakes of an assault case make it vital that you hire an assault lawyer. Your Fort Bend County assault attorney can assist you with all steps of your case. They can advocate for you against manipulative law enforcement tactics, help you build a strong defense, and represent you in all court proceedings.

If your case proceeds to trial, a Fort Bend County criminal defense lawyer from Segura and Kiatta, LLP, can negotiate a plea bargain with the prosecution if that is a viable option in your case. A plea deal can shorten the time spent in jail or prison, lower fines, and potentially reduce your charges. The support of a defense attorney can play a key role in preventing you from becoming one of the roughly 248,000 people serving time behind bars.

FAQs

How Much Does an Assault Lawyer Cost in Texas?

How much an assault lawyer costs in Texas depends on the variables of your case, its complexity, and the work hours it requires. A simple assault case for a first-time offender tends to be cheaper than one involving aggravating factors such as a deadly weapon and multiple parties. Another contributing factor is the payment model, with different firms charging by the hour, retainer rates, or a flat fee for certain cases.

What Are the Penalties for an Assault Case in Texas?

The penalties for an assault case in Texas depend on the details of your case and prior convictions. A simple assault case is a Class A misdemeanor, with the potential for one year in jail and a fine of up to $4,000. If the charges are aggravated assault, then it may be escalated to second or first-degree felony with prison time maximums of between 10 and 20 years.

How Long Does an Assault Case Take to Resolve in Texas?

How long your Texas assault case takes to resolve depends on the severity of the charges, complications in the case, and Fort Bend County’s court workload. A minor assault involving minor injuries and a first-time offender can potentially resolve far more quickly than an aggravated assault case involving a plethora of evidence and victims. Your assault attorney from our firm can provide a rough timeline for your case.

What Are Three Elements That Prove an Assault Occurred in Texas?

There are three elements that the prosecution can demonstrate to prove that an assault occurred in Texas. The first is that the defendant intentionally or recklessly caused bodily harm to another. The second is that there was an intentional or knowing threat of violence. Finally, the defendant made physical contact that the other person would regard as offensive or provocative.

Speak With a Fort Bend County Assault Attorney Today

At Segura and Kiatta, LLP, you are more than just a case number. Our team has the knowledge and experience that can make a positive impact on your case.

Contact us today for a consultation, where we can discuss your assault case and provide you with all potential legal pathways. You may also visit our Sugar Land office, located on Commerce Green Boulevard, just east of Alkire Lake.