Were you arrested or accused of assault in Fort Worth, TX? Being charged with assault, a serious violent crime, can lead to daunting consequences, including hefty fines, potential jail time, and a persistent criminal record. In such critical times, an adept Fort Worth assault lawyer from Cole Paschal Law Criminal Defense Attorneys is prepared to develop a robust defense for you. Contact our Fort Worth, Texas, office at 817-477-4100 today to begin.
Our founding attorneys have dedicated years to defending the people of Fort Worth in various criminal cases, ranging from assault to theft, federal crimes, and more. We understand the immense pressure and stakes involved in facing criminal charges. Rely on our experienced team when you need support the most.
Prompt legal advice is essential in these situations. Don’t hesitate to reach out to us for guidance and to safeguard your rights.
How Cole Paschal Law Criminal Defense Lawyers Can Help If You Were Arrested For Assault In Fort Worth, TX
At Cole Paschal Law, we firmly believe that every individual accused of a crime deserves a robust and assertive defense. It’s not uncommon for those facing criminal charges to be misunderstood or wrongfully accused. Law enforcement and prosecutors can sometimes misinterpret situations, leading to exaggerated or inappropriate charges.
Our team at Cole Paschal Law Criminal Defense Attorneys in Fort Worth has a long history of aiding numerous clients. Known for our effective strategies and successful outcomes, we’ve built a reputation that makes prosecutors think twice before trying to leverage our clients.
We are committed to pursuing the most favorable outcome for your case. This could mean reducing the charges, striving for a case dismissal, or achieving a not-guilty verdict.
When you choose Cole Paschal Law, you gain access to a legal team ready to:
- Undertake an independent and thorough investigation of your case.
- Assess all legal avenues and strategies.
- Craft a powerful defense that meets your needs.
- Expose flaws and weaknesses in the prosecution’s arguments.
- Challenge any evidence obtained unlawfully and seek its exclusion.
- Engage in negotiations to potentially have charges lessened or dismissed.
Having a seasoned Fort Worth criminal defense lawyer can significantly influence the direction and outcome of your case. Contact us at 817-477-4100 for a complimentary initial consultation to start building a strong attorney-client relationship
What is Assault in Texas?
There are two basic types of assault in Texas. The first type is simple assault. When a simple assault occurs, the defendant does not use a weapon. This type of assault can be something as minor as spitting on someone. In fact, it does not need to involve touching. If you threaten violence, you can assault someone without laying a hand on them.
All of the following are considered simple assault:
- Knowingly, recklessly, or intentionally causing physical harm to a person
- Knowingly, recklessly, or intentionally making a threat of bodily harm to another person
- Knowingly, recklessly, or intentionally making physical contact with someone that is either provocative or offensive (if the offender knows or should know that the touching is provocative or offensive?)
Bodily Injury
If someone intentionally harms another individual, they are guilty of assault. This includes physical pain, sickness, or impairing someone. If the injury is a serious bodily injury, it does not qualify as assault.
Instead, it would result in more serious charges. Typically, the bodily injury in assault cases results in abrasions, bruises, and cuts. However, there do not need to be any visible marks. At times, assaults leave no marks on their victims. They merely cause minor injuries that are invisible to the eye.
If the prosecution wants a conviction of an assault involving bodily injury, they need to prove that you meant to cause one of three scenarios. They must show that you wanted to cause injury, were aware you would cause injury, or you should have realized it would cause injury. It’s up to a jury to decide whether the prosecution has enough evidence to prove one of the three scenarios. If your Fort Worth assault lawyer mounts a strong defense, they may be able to convince a jury otherwise.
Threat of Injury
In 2016, Fort Worth had a population of 855,897. With such a high population in a relatively small area, the city is home to many conflicts. A large portion of those conflicts involve threats, which canbe a type of assault.
Threatening someone can have a profound effect on their mental state. For that reason, Texas has strict laws regarding threats. If you knowingly or intentionally make a threat of physical harm to someone, you could face a terroristic threat charge.
However, not all threats could result in penalties. The victim needs to have a reason to believe the threats. If there is no reasonable expectation of bodily harm, then there is no case. The prosecutor must prove that the defendant made the threat and that the victim truly believed the threat would become a reality.
Offensive Contact
In Fort Worth, 65 out of every 1,000 people are victims of crimes. One of those crimes is assault involving offensive contact. This type of assault occurs only if the defendant knowingly makes offensive contact with someone. The contact could also be provocative.
This type of assault is different than the others in that the defendant needs to be aware that their actions are provocative or offensive. If they touch someone in a way they believe to be acceptable, the defendant will not be found guilty.
This type of assault is different than the others in that the defendant needs to be aware that their
actions are provocative or offensive. If they touch someone in a way they believe to be acceptable, the defendant will not be found guilty.
Consequences of Assault Charges
If you are found guilty of assault, you are likely to only be convicted of a misdemeanor. But there are circumstances in which the court could find you guilty of a felony. This is often the case when there are other factors, such as serious injuries or weapon involvement.
The consequences you receive depends on the severity of your crime. If your assault is a misdemeanor, your penalties are less serious than those of a felony. But they can still impact your future.
A Misdemeanor Assault
There are several types of misdemeanors. Typically, an offensive touching but no actual harm is a Class C misdemeanor. If there are no other crimes or factors, the offender is likely to receive a fine as high as $500. For a Class C misdemeanor, they will not receive jail time.
In some cases, the court will make the assault a Class B misdemeanor. This could happen if the victim is in the midst of a sporting event. It could also happen if the assault is a reaction to a performance in a sporting event.
In Texas, a Class B misdemeanor could get you as much as 180 days of jail time. It also can result in a fine of as much as $2,000.
It is possible for your assault to become a Class A misdemeanor. However, there are only two scenarios that could end this way. The first scenario involves bodily injury. If there are no other aggravating circumstances, you could face penalties for a Class A. The second scenario involves offensive or provocative contact to an elderly person. Because of the victim’s age, you could do as much as one year in jail and be fined as much as $4,000.
A Felony Assault
If your assault meets the criteria for a felony, you could face harsher penalties. For instance, a third-degree penalty comes with as long as ten years in prison. The fine is as much as $10,000. Meanwhile, a second-degree felony brings up to 20 years of prison time and a fine of $10,000.
If the victim is a public servant, an assault could be a felony. Additionally, the crime is a felony if the incident was a retaliation to the performance of a duty.
Assaults in the home are taken quite seriously in Texas. For this reason, an assault against your spouse, partner, or family member could be a felony. This happens when you have a prior conviction of a similar nature, or you choked the victim. With one in three women being a victim of intimate partner violence, Tarrant County handles many family assault cases.
Certain circumstances could make your assault a second-degree felony. For this to be the case, your assault needs to meet all of the following requirements:
- You committed the assault against a spouse, family member, or partner or have a prior conviction for assault against them
- You choked the victim and kept them from breathing or kept their blood from circulating
Defending Assault with a Fort Worth Assault Lawyer
Your assault charge could change your life forever. But it doesn’t have to. If you work with Cole Paschall Law, you can fight for a fair outcome. There are several ways in which you can defend assault charges:
Self-Defense
If you acted in self-defense, you might not incur penalties for your actions. It is illegal to assault someone, but it’s not illegal if you’re acting violently to defend yourself. Someone with experience in criminal defense in Fort Worth can collect the evidence needed to prove you acted in self-defense.
Defending Others
This defense is similar to the previous defense, but it involves defending other people. If the victim was trying to harm someone else, your actions could have been in self-defense. You may not be convicted of an assault.
There was Consent
If there’s consent for the offender’s actions, then there is no crime. For instance, someone could hit another individual in a boxing match. Because there was consent prior to the match, the action wasn’t a crime.
Schedule a Free Consultation with a Fort Worth Assault Lawyer
At Cole Paschall Law we know what it takes to defend you against assault charges. We will listen to your side of the story. Get witness statements that will help defend you. Obtain an affidavit of non- prosecution if the alleged injured party has changed their mind about the alleged assault. If you don’t choose the right defense, you risk doing jail time and a fine. Your life could change in an instant.
Even if you’re charged with a misdemeanor assault, your conviction could stick with you. Long after your court case, you could encounter trouble as you search for jobs, housing, and more. However, the right attorney can defend you. Here at Cole Paschall Law, we know what it takes to get results. Our aggressive firm will fight for you and your future. To get started, call us today.
