How To Beat An Aggravated Assault Charge: A Former Prosecutor Explains! (2021)
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- čas přidán 28. 07. 2024
- How To Beat An Aggravated Assault Charge! A Former Prosecutor Explains!
Why are You Facing a Texas Aggravated Assault Charge?
If you’re facing an aggravated assault charge in Texas, you may wonder what the difference is between simple assault and aggravated assault. In this post, we’ll explain the difference and tell you what you can do to fight your charges.
Texas Assault Charges
Simple Assault
In Texas, you can be charged with simple assault for the following reasons:
• You intentionally, knowingly, or recklessly caused bodily injury to another person.
• You intentionally or knowingly threatened another person with imminent bodily injury.
• You intentionally or knowingly caused physical contact with another person when you had knowledge or should have had reasonable knowledge that the other person would find the physical contact offensive or provocative.
Simple assault is usually a class C misdemeanor in Texas. A conviction will result in a fine of up to $500.
It can be raised to a class A misdemeanor charge if the victim is elderly or disabled. A conviction will result in up to one year in jail, a fine of up to $4,000, or both.
It can also be converted to a class B misdemeanor charge if it is committed against a sports official or athlete at a sporting event. A class B misdemeanor is punishable by up to 180 days in jail, up to a $2,000 fine, or both.
Depending on the circumstances, the simple assault charge may qualify as a first, second, or third degree felony, punishable by years in prison and fines of up to $10,000.
Aggravated Assault
Your charge may be issued as aggravated assault under the following conditions:
• You intentionally, knowingly or recklessly caused serious bodily injury to someone else.
• You exhibited or used a deadly weapon during the offense. This includes threatening someone else with bodily injury or exhibiting behavior that the victim would reasonably find offensive.
Bodily Injury vs. Serious Bodily Injury in Texas
The difference between bodily injury and serious bodily injury is as follows:
“Bodily injury” means physical pain, illness, or any impairment of physical condition.
“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
A conviction for aggravated assault will result in a second degree felony, which is punishable with 2-20 years in prison and a fine of up to $10,000. This applies for using a deadly weapon during the assault.
If the use of a deadly weapon during assault causes serious bodily injury to the victim, a first degree felony charge will result. This is a serious charge with a penalty of 5-99 years in prison and a fine of up to $10,000.
AGGRAVATED ASSAULT BY THREAT
What if no one was hurt? What if you were just holding the weapon? What if you didn’t threaten anyone but the alleged victim felt threatened? Yes, you can still be arrested. What if someone is acting crazy towards you and you pull your gun to defend yourself? Did you do anything wrong? NO! But because you have a weapon, the police may choose to arrest you.
What about a road rage incident? What if someone claims you drove your car in a way that made them fear for serious bodily injury or death? The threat or fear of this result can result in an arrest for aggravated assault if the police believe the statement.
WHAT IS A DEADLY WEAPON?
Any item in its intended use that can cause serious bodily injury or death can be considered a deadly weapon under the law. In other words, a gun, a knife, a car or even a pen can be considered a deadly weapon. You must consider its intended use.
Defenses to Aggravated Assault Charges in Texas
You can be charged with aggravated assault even if you did not touch the alleged victim. Merely waving a deadly weapon and making a threat, can lead to charges of aggravated assault.
FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS
CLICK HERE www.criminalattorneyfortworth...
0:00 How To Beat An Aggravated Assault Charge: A Former Prosecutor Explains!
00:43 What is the difference between an “Assault” and “Aggravated Assault” Charge?
01:30 What does an “Assault By Contact” mean?
03:05 What does “Serious Bodily Injury” mean?
04:30 What does “Aggravated Assault by Threat” mean?
05:52 What is considered as “Road Rage Incident” under Texas Law?
07:03 what is a “Deadly Weapon?”
07:50 #1 defence to Aggravated Assault charge in Texas.
08:22 #2 defence to Aggravated Assault charge in Texas.
09:05 #3 defence to Aggravated Assault charge in Texas.
09:45 #4 defence to Aggravated Assault charge in Texas.
10:22 #5 defence to Aggravated Assault charge in Texas.
10:55 #6 defence to Aggravated Assault charge in Texas.
11:22 #7 defence to Aggravated Assault charge in Texas.
11:40 What is “Grand Jury?”
In Oct of 21 I went to jail for a first felony offense at 36 of agg assault by threat. There was a group of people in the apartments all I did was ask the people to leave me and children’s mother alone it was night time so a guy started talking tough walking towards me I pulled out my gun but it was aimed at the ground! I never threatened anyone or anything just cussed him out and told him don’t walk towards me he saw my legal firearm and went inside and told his children’s mother she called the police and wrote a statement and completely left him out of it making it seem like the altercation was between me and her and it was not I went to jail been on bond for almost two years there’s no camera footage no witnesses to testify or anything. I even told the detective dude was walking towards me this was my legal firearm I have a right to defend myself the cop took her word for it and I went to jail. I hired a lawyer and I’m patiently waiting on the outcome.
what was the outcome of
He’s probably still waiting
What was the outcome ?
It's honestly to easy to be arrested for aggravated assault with a threat because it alot of situations It's no witnesses and the cop is just taking someone's word for it. The person could be lying. That's just to serious of a crime and should be a misdemeanor in my opinion because it could be true but it could be a lie and arresting a person off a lie isn't right
We completely agree! Way too easy to be arrested for aggravated assault in Texas. That is why we try to attack this charge at the grand jury to discredit the witness and attempt to receive a no bill of the charges.
@@fulghamlawfirm2254 question? In my case I was charged with aggravated assault by threat by my girlfriend. We were the only two present at the house. Cops took her word for it. We were arguing about money that was deposited into my account. It was for $57,000 SBA loan and she wanted $10,000 and I said no. She called tge cops the first and told them I pushed her but they didn't believe her and left, she stole my rental car keys so I called the cops on her but they told me we can't prove that she took my keys so they left again. We continued to argue more anout the money so she called the cops again saying this time I had a knife and threatened to kill her. They arrested me. While in jail I sent someone over to see if she drove the rental car a she did and they witnessed it and took pictures of it. She felt bad about it and hired my defense but only partially recanted her statements because of fear of going to jail herself for lying to the cops. I was indicted because my attorney is saying not to rush the prosecution and we're now in the faze after the not guilty plea. I also have bank statements showing the money was deposited into my account the day of the arrest and she also wrecked the rental car during my jail time. Do you think I can get this dropped or a not guilty verdict?
I totally understand. The prosecutor may not be able to prove aggravated assault beyond a reasonable doubt in this situation. However, the police officer only needs probable cause to arrest and he can use someone else's word
@@fulghamlawfirm2254 also. Is hearsay evidence admissible in court? Meaning if the alleged victim will not willingly testify in court, will her statements to the cops be allowed in court?
I was beat up by my neighbor, had multiple injuries including broken bones. I brandished a firearm on my property to find my phone which turned out the attacker had. Cops showed up my neighbor said I threatened him and I was arrested for aggravated assault.
What'd the difference between attempted murder and assault with a deadly weapon
I'm in harris county.....how much do you charge to come to defense?
Well I was charged with a assault on a police officer .there was a young lady that I was dating and she accused me of accusinher but there was not .so the office came to my house and pull me out of my house without a warrant and know probable calls to come to my residence I was in my house sleep and I’ll open up the door because I don’t have anything to hide and they actually snatch me out of my house and than that Iwould never open my door you know, but they snatch me out you know so all I am trying to find out what disfence do I have on that? I am a convicted felon I don’t carry a pistol but there was one found in my residence which is-legally registered to Mrs. Cooks and her husband now I’m being charged with a felony possession of a firearm as a convicted felon I didn’t even know that was in my house unannounced. I think I should’ve been told that she had. I was sleep all open the door for her and she came in and went back to bed I didn’t know she had no power and the thing with the police officer, they smashed me out of the house for something that happened out in the parking lot lol idea of what happened and the pipe with the aggravate assault with a deadly weapon those people are no longer in Texas. Oh, there’s no witnesses he say she say do you know but I would like somebody to represent me as m this case
I was arrested for Aggravated Assault as First Degree felony me and my wife had and argument and called the police saying that I was pointing my gun at her (under my name) it’s my first ever arrest ever. It’s been 4 months already and I haven’t gotten a court date. Im 21 years old and I even got suspended from my job because of the public mugshot the police uploaded. I don’t know what’s going to happen any advice/help? Thank you
Any update
@@roberthammon6029 Yes I got the arrangement today, court will be in 2 months. Still thinking if I should hire a attorney or keep the court appointed attorney.
@@raulmartinez6722 hire an attorney man. They want you to take this seriously and he will help you take this seriously
Update?
@@Joseph-xw9ygdef in jail
I was a gas station and guy was treating me so I pulled my gun out on him but I didn’t point it out on him I didn’t treat him nun I pointed at the ground he got scared so I left I got charged with aggravated assault with deadly weapon how likely to beat the case or get probation he also didn’t say I was gonna hurt him or anything what’s the worst that can happened
~* vehicular assault