Midland, Texas Assault Crimes Lawyer
Are you or someone you know facing assault charges? A person can be charged for assault when intentional harm or threats to cause harm take place. Allegations may vary depending on the circumstances and the courts will consider who the crime was committed against, the damages suffered and the accused prior criminal record along with other factors. If you or a loved one is facing these charges, including domestic violence, let Kirk & Williams: Attorneys at Law fight in your behalf to protect your rights.
In Texas, Assault can be a Class C Misdemeanor, Class A Misdemeanor, or a Felony. The Class C Misdemeanor is sometimes referred to as “Simple Assault.” You can be charged with simple assault if you “cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.” A regular Class A Assault is where a person “causes bodily injury to another.” In Texas, “bodily injury” means pain. For example, if someone shoves you and it did not hurt, they could be facing simple assault. If they shove you and it inflicts pain (even if there is no injury visible) they could be facing a Class A misdemeanor assault.
There are many different degrees to a felony assault that generally involve serious bodily injuries. “Serious bodily injury” is defined as “bodily injury that creates a risk of death, serious permanent disfigurement, or impairment or loss of the function of any bodily member or organ.” For instance, if a bone was broken during the assault, this is generally referred to as “aggravated assault.”Assault on an officer is also considered a felony offense.
Domestic Violence occurs when family, roommates, spouses or persons dating cause assault on one another. Texas law takes domestic violence very seriously and having your rights defended is crucial.
Assuming no bodily injury or choking occurred, domestic violence assault is generally a Class A Misdemeanor. When a person is convicted of domestic violence—or even successfully completes deferred adjudication and had their case dismissed—the court enters a “Family Violence Finding.” This family violence finding will follow you for the rest of your life. If you are ever arrested a second time for family violence the charge gets bumped up from a Class A Misdemeanor to a Second Degree Felony. Since this is Texas, it’s important to note that if you have a family violence finding, you may never own or possess a firearm or ammunition. To do so is against state and federal law.
Texas law has also recently changed regarding domestic violence. Under the new law, if you “impede the normal breathing” of a person in the course of committing the offense of domestic violence you will be charged with a second degree felony (as opposed to a Class A Misdemeanor). Since the change in the law, all of our clients who have been charged with domestic violence and who have put their hand somewhere around or on the other person’s neck or throat have been charged with a second degree felony.
We treat our clients with integrity, respect for their needs, goals and objectives. We are focused and aggressive for ethical legal representation and we always pledge to listen to you and protect your rights.
Contact Kirk & Williams: Attorneys at Law
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