What is Assault in Texas?
In Texas, assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening them with imminent bodily injury, or causing physical contact with another person in a way that could be considered offensive or provocative. The law covers various forms of assault, ranging from simple assaults to aggravated assault, each carrying its own set of penalties.

Importance of Legal Representation
If you’ve been accused of assault, one of the first and most important things you can do is seek legal counsel. The legal process can be confusing and overwhelming, especially if you’re unfamiliar with the Texas criminal justice system. An experienced attorney can help you navigate the charges and develop a strong defense.

Step 1: Understand the Charges
Texas law divides assault into different categories depending on the severity of the offense.

Types of Assault Charges in Texas

1. Simple Assault: Involves causing bodily injury or threatening injury to another person. This charge is typically classified as a misdemeanor.

2. Aggravated Assault: If you use a deadly weapon or cause serious bodily injury, you may be charged with aggravated assault, which is a felony and carries harsher penalties.
   
   

Classifications of Assault: Misdemeanor vs. Felony

• Misdemeanor: Simple assault charges are often classified as misdemeanors, punishable by up to one year in county jail and fines.

• Felony: Aggravated assault is a more severe charge and is classified as a felony. Convictions can lead to significant prison time and hefty fines.
  
  

Step 2: Avoid Self-Incrimination
After an assault accusation, it’s essential to avoid saying anything that might incriminate you. Under the Fifth Amendment, you have the right to remain silent. While it can be tempting to explain your side of the story, anything you say to the police or investigators could be used against you later in court.

Step 3: Hire an Experienced Criminal Defense Attorney
An experienced criminal defense lawyer can make a world of difference in your case. At The Law Office of Robert Barrera Arellano, we specialize in defending clients against assault charges. We will thoroughly review the details of your case, advise you on the best course of action, and work tirelessly to protect your rights. If you’ve been accused of assault, contact us at 210-247-4189 for a consultation.

Step 4: Gather Evidence and Witnesses
The evidence you gather can significantly impact your case. Whether it’s video footage, photographs, or physical evidence, documenting the scene of the incident can be invaluable. Additionally, witness testimonies can help support your defense, whether they attest to your innocence or provide crucial context for the events.

Step 5: Know Your Legal Options
There are several legal strategies that your defense lawyer might consider, such as pleading guilty to a lesser charge or asserting a self-defense argument.

Plea Bargains vs. Going to Trial
In some cases, a plea bargain might be a good option to reduce penalties. However, you have the right to go to trial if you believe the charges are unjust or if you have a strong defense.

Self-Defense Claims and Other Legal Defenses
Texas law permits individuals to use force to protect themselves or others. If you were acting in self-defense, your lawyer can help argue that the use of force was justified under Texas law.

Step 6: Understand the Texas Legal Process
Understanding the legal process is critical when facing an assault charge. The typical process includes:

• Arrest: You may be arrested if the police have probable cause.

• Arraignment: A court appearance where formal charges are read.

• Pre-Trial: Your lawyer will review evidence and file motions.

• Trial: If no plea deal is reached, the case goes to trial, where your defense will present evidence to prove your innocence.
  
  

Step 7: Prepare for Sentencing if Convicted
If you are convicted of assault, it’s crucial to understand the potential sentencing options. Sentences for assault in Texas vary based on the type of assault and whether there are any aggravating factors, such as prior criminal history or the use of a weapon.

Step 8: Appeal Your Conviction
If you are found guilty, you have the option to appeal the decision. Your attorney will help determine if there were any legal errors that might warrant a reduced sentence or even a new trial.