What is Aggravated Assault in Texas

Aggravated assault is a serious offense in Texas, carrying heavy penalties that can impact your future. If you’re facing such charges in San Antonio, it’s crucial to have an experienced criminal defense attorney like Robert Barrera Arellano on your side. This article will explore what constitutes aggravated assault, the potential consequences, and how Robert can help defend your rights.

What is Aggravated Assault?

Aggravated assault in Texas is defined under the Texas Penal Code as an assault that causes serious bodily injury to another person or involves the use of a deadly weapon. Unlike simple assault, aggravated assault is treated as a more severe crime due to the level of harm or the potential for significant harm.

Types of Aggravated Assault Charges

Assault with a Deadly Weapon
Using or exhibiting a deadly weapon during the commission of the assault, such as firearms, knives, or other objects capable of causing serious harm.

Assault Causing Serious Bodily Injury
Inflicting injuries that create a substantial risk of death or cause permanent disfigurement or loss of function.

Assault on a Public Servant
Attacking a public servant while they are performing their official duties, including police officers and emergency responders.

Assault During Commission of Another Felony
Committing an assault while engaged in another felony, enhancing the severity of the charge and penalties.

Legal Consequences of Aggravated Assault

The penalties for aggravated assault in Texas are severe and can include:

Criminal Penalties
Fines, imprisonment ranging from 2 to 99 years depending on the severity and specific circumstances.
Long-Term Consequences
A criminal record can affect employment, housing, and civil rights.

Why You Need a Criminal Defense Attorney

Facing aggravated assault charges without a lawyer can be overwhelming. Legal expertise is crucial for:

Case Evaluation and Strategy
Understanding the nuances of your case and developing a strong defense strategy.

Meet Robert Barrera Arellano

Robert Barrera Arellano is a seasoned criminal defense attorney with extensive experience in handling aggravated assault cases in San Antonio. His professional background and dedication to defending his clients have earned him a reputation for excellence.

Defense Strategies for Aggravated Assault

Robert employs various defense strategies tailored to each case:

Self-Defense Claims
Arguing that the accused was protecting themselves.
Lack of Intent
Demonstrating that there was no intention to cause serious harm.
Mistaken Identity
Proving that the wrong person has been accused.
Plea Bargaining
Negotiating with prosecutors to reduce charges or penalties.

The Legal Process for Aggravated Assault Cases

Understanding the legal process can help alleviate some stress:

Arrest and Charges
The initial stage where you are formally charged with aggravated assault.
Pre-Trial Proceedings
Includes bail hearings, plea negotiations, and discovery.
Trial Process
Presenting evidence and arguments in court.
Sentencing
If convicted, the judge will determine the penalties based on various factors.

Common Misconceptions about Aggravated Assault

There are several myths surrounding aggravated assault:

Misunderstanding the Severity
Many people underestimate how serious these charges can be.
Myths about Legal Defense
Believing that hiring a lawyer is unnecessary or that any lawyer can handle such cases effectively.

Potential Defenses Against Aggravated Assault Charges

Robert can identify and utilize several defenses:

Insufficient Evidence
Arguing that the prosecution lacks enough evidence to prove guilt.
Violation of Constitutional Rights
Challenging illegal searches, seizures, or interrogations.
Witness Credibility Issues
Questioning the reliability of witnesses.

How Robert Barrera Arellano Can Help

Robert’s approach to legal defense is personalized and client-focused:

Personalized Legal Approach
Tailoring defense strategies to fit the unique details of your case.
Successful Case Outcomes
A track record of reduced charges, acquittals, and favorable plea deals.
Client Testimonials
Positive feedback from clients who have benefited from his expertise.

Legal Resources for Aggravated Assault in Texas

If you need further assistance, several resources are available:

Texas Penal Code on Aggravated Assault
Understanding the laws and your rights.
Local Legal Aid Services
Access to affordable legal help.
Support Groups and Counseling
Emotional and psychological support during the legal process.

Aggravated assault charges are serious, but with the right legal representation, you can navigate the complexities of the legal system. Robert Barrera Arellano is dedicated to defending your rights and achieving the best possible outcome. Don’t face these charges alone; contact Robert today for expert legal assistance.

Don’t hesitate to seek the legal help you need to protect your future by contacting Robert today.

Schedule a Free Consultation
Request a Case Evaluation

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.

Hope we never need to use their services again, but if I did, I would reach out to this firm again. Mr. Robert Arellano was very professional, informative and compassionate.

Mr Arellano was the third attorney to work my case. Mr Arellano set me on the correct path. Mr Arellano outlined what I need to do for a good mitigation packing. Mr Arellano followed through with me every step of the way. Mr Arellano checked in with me regularly and let me know what was and wasn’t happening. I am deeply indebted to Mr Arellano for all his guidance. Needless to say the DA didn’t feel it was necessary to indicate my case. Mr Arellano from the top to the bottom of my heart i thank you.

Mr. Robert Arellano handled my case in Kendall County. My experience was great. He got the job done so I could move on with my life. He did a perfect and professional job, always following up and keeping me inform about my case. I'm glad I had him representing me. Time to move on with my life. Very thankful.

Best law firm. On time, good communication. Robert Arellano did in amazing job representing me and got what I wanted done.

FAQs

What are Miranda Rights, and why are they important?

Miranda Rights are the legal rights that police must inform you of when you are taken into custody. These rights include the right to remain silent and the right to an attorney. They are important because they protect you from self-incrimination during police interrogations.

What happens if the police don't read me my Miranda Rights?

If the police fail to read your Miranda Rights, any statements you make during an interrogation may be inadmissible in court. However, this doesn’t automatically result in a dismissal of charges—it’s a critical point that your attorney can use in your defense.

Can I waive my Miranda Rights, and should I?

You can waive your Miranda Rights, but it’s generally not advisable without consulting with an attorney first. Waiving these rights means anything you say can be used against you in court, and it’s often in your best interest to have legal counsel present during questioning.

What should I do if I’m arrested and read my Miranda Rights?

If you’re arrested, it’s crucial to stay calm and clearly state that you wish to remain silent and speak to an attorney. Avoid answering any questions or providing any information until your lawyer is present.

Why is it important to have an attorney when facing criminal charges?

Having an attorney ensures that your rights are protected and that you have an experienced advocate to navigate the legal process. Attorney Robert Barrera Arellano can provide the guidance and representation you need to defend against criminal charges and protect your future.

What is Aggravated Assault in Texas