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(210) 247-4189

Navigating the complexities of the Texas criminal justice system

Committed to defending your rights with skill, dedication, expertise and unwavering commitment.

Experienced Assault Attorney    Your Defense Starts Here!  

Assault charges in Texas carry serious consequences that can significantly impact your life. Whether you’re facing simple assault or a more severe charge like aggravated assault, it’s crucial to understand your rights and the legal process. At the Law Office of Robert Barrera Arellano, we specialize in defending clients against criminal charges, ensuring that you receive the best possible outcome in your case.

What is Assault in Texas?

Assault is defined in Texas as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent harm, or causing physical contact that the victim finds offensive or provocative.

There are different categories of assault in Texas, each with its own set of penalties, including:

  • Class A Misdemeanor Assault
    Typically involves causing bodily injury or threatening harm.

  • Felony Assault
    Involves more severe cases, such as assault on a public servant or family member.

Understanding the specific charges you’re facing is essential, as each type of assault charge has its own legal implications.

Penalties for Assault in Texas

The penalties for assault in Texas vary depending on the severity of the charge. They can include:

  • Misdemeanor Assault
    Punishable by up to 1 year in jail and a fine of up to $4,000.

  • Felony Assault
    Can result in 2 to 20 years in prison, depending on the circumstances, along with significant fines.

Aggravated Assault

When an assault involves a deadly weapon or results in serious bodily injury, the charges may escalate to Aggravated Assault. This is a second-degree felony and carries much harsher penalties.

Aggravated assault is defined as an assault that either causes serious bodily injury or involves the use of a deadly weapon, such as a gun or knife. If you’re facing these charges, the stakes are much higher, and a skilled lawyer is crucial to your defense.

Defenses to Assault Charges

There are various legal defenses that can be used to challenge assault charges. These include:

  • Self-Defense
    If you were acting in self-defense or to protect others, the charges may be dropped or reduced.

  • Consent
    In certain cases, if the alleged victim consented to the act (such as in cases of mutual physical altercations), you may have a valid defense.

  • False Allegations
    Assault charges are sometimes based on misunderstandings or false accusations.

What to Do if You Are Charged with Assault

If you’ve been charged with assault in Texas, it’s important to act quickly:

  1. Remain Calm
    Avoid discussing the case with anyone but your lawyer.

  2. Hire an Experienced Attorney
    The right legal representation can make all the difference.

  3. Gather Evidence
    Collect any evidence, such as witness statements or video footage, that could support your case.

How the Law Office of Robert Barrera Arellano Can Help

At the Law Office of Robert Barrera Arellano, we understand the complexities of assault cases and are dedicated to providing personalized legal defense. With years of experience defending clients in San Antonio and throughout Texas, we have a track record of success in assault and criminal defense cases.

Why Hire an Experienced Assault Lawyer?

Facing an assault charge without skilled legal representation can lead to severe consequences, including lengthy prison sentences and significant fines. An experienced lawyer can:

  • Navigate Complex Legal Procedures
    Criminal cases involve numerous legal steps that require careful attention.

  • Evaluate Evidence
    Your lawyer can assess the evidence and develop a strong defense strategy.

  • Negotiate Plea Deals
    If a plea deal is in your best interest, your lawyer will negotiate favorable terms.

Assault vs. Aggravated Assault

While assault and aggravated assault share similarities, the key difference lies in the severity of the act. Assault is generally less severe, involving minor injuries or threats, whereas aggravated assault involves deadly weapons or serious bodily harm. The penalties for aggravated assault are more severe, so it’s crucial to differentiate between the two charges in your case.

Common Defenses Used in Assault Cases

Several defenses can be used to challenge assault charges, including:

  • Self-Defense
    If you acted to protect yourself or others, it may justify the use of force.

  • No Intent to Harm
    Proving that the assault was accidental or unintentional could result in reduced charges.

  • Mistaken Identity
    In some cases, the wrong person may be accused of assault.

The Role of Evidence in Assault Cases

In assault cases, evidence plays a crucial role in determining the outcome. Types of evidence that may be used include:

  • Witness Testimonies
    Statements from individuals who witnessed the incident.

  • Physical Evidence
    Photos of injuries or property damage.

  • Video Footage
    Surveillance or body cam footage can help establish the facts.

The Court Process for Assault Cases in Texas

Assault cases in Texas generally follow these steps:

  1. Arrest
    Following the charge, the defendant is arrested.

     

  2. Arraignment
    The defendant appears in court to enter a plea.

     

  3. Pretrial Motions and Hearings
    Legal arguments and negotiations occur before the trial.

     

  4. Trial
    The case is presented to a judge or jury.

     

  5. Sentencing
    If convicted, sentencing follows the trial.


Assault charges are serious, but with the right legal representation, you can navigate the complexities of the Texas legal system. If you’ve been charged with assault, contact the Law Office of Robert Barrera Arellano for expert advice and defense strategies tailored to your case.

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Client Testimonials

Robert’s clients have shared numerous positive experiences highlighting his dedication, compassion and effectiveness.
Clients have praised Robert for his thoroughness, empathy, and unwavering support throughout their legal battles.

FAQs

Remain calm, avoid discussing the case with anyone other than your attorney, and contact a lawyer immediately.
By evaluating the evidence, identifying legal defenses, and representing you in court.
It depends on the specifics of your case, including evidence, witness testimony, and legal arguments.
The timeline can vary, but your attorney can provide an estimate based on your case details.
Legal fees vary, but many attorneys offer payment plans and initial consultations to discuss costs.

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Free Consultation

Reach out any time, day or night, and schedule your no-obligation, absolutely free consultation with ROBERT BARERRA ARELLANO, licensed criminal and civil defense attorney in the state of Texas.

(210) 247-4189

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