An assault conviction can limit your job opportunities, affect your community standing, and (perhaps most importantly) cost you your freedom and future. Blass Law helps those facing assault charges in Harris County. A Houston assault defense lawyer from our firm can fight for a not-guilty verdict by crafting a legal argument that applies to your situation.
A Houston criminal defense lawyer from our firm can begin working on your case today. Call ASAP for your confidential consultation.
Why Hire a Houston Assault Defense Attorney from Blass Law to Defend You?
Jay is committed to Keeping Innocent People Innocent. That dedication is shown by the fact that he never started as a prosecutor and switched sides. He’s always defended Texans who needed it.
Our Houston law firm has a history of getting our clients’ Harris County criminal charges dropped, reduced, or dismissed. We’ve helped our clients fight against aggravated assault, sexual assault, and capital murder charges—and that’s just a few examples.
Take a look at what our Houston criminal defense attorney can do for you:
We Will Look for Inconsistencies in Witnesses’ Testimony
Prior to trial, we will get all of the discovery available, including statements made by others. We can also have those individuals interviewed to clear up any holes in the story.
During your trial, the prosecutor will call on witnesses to give statements regarding the assault. Emotions can run high during this process, but that doesn’t faze us.
Your criminal defense attorney will analyze witnesses’ testimony and search for factual errors, inconsistencies, or just plain lies. Then, during cross-examinations, we can illustrate these issues to the judge and jury.
Our Assault Defense Lawyer in Houston, Texas, Will Review the Evidence Against You
The prosecution’s case is only as strong as the evidence against you. If there isn’t compelling evidence or not enough to support a conviction, we can likely get a dismissal.
We will also determine whether anyone improperly collected evidence, including evidence from you. If so, your assault defense attorney in Houston can argue that it’s inadmissible and ask the judge and jury not to consider it.
We Will Defend Your Legal Rights in Harris County
Prosecutors have one job: to secure guilty verdicts. They will use your words against you, utilize improperly collected evidence, or bend the law to cast you in a negative light.
Our Houston assault defense lawyer fights to keep the innocent innocent. Our law firm will use our years of experience and network of resources to protect you against any unfair strategies or tactics.
Our Results Speak for Themselves
We have made a name for ourselves since opening our doors in 2009, obtaining results like this:
- Our client faced felony charges for assault on a family member after they allegedly grabbed the victim by the throat, choked them, and then threw them to the ground. Our Houston family member assault lawyer got the case dismissed.
We have helped many clients fight violent crime charges; we want to help you, too.
Our Assault Lawyer in Houston, Texas, May Use One of These Strategies to Build Your Case
After reviewing your case’s information, we may use one or more of the following strategies to address your criminal charges in Harris County:
You Acted in Self-Defense
Texas Penal Code § 9.31 says you have the right to defend yourself if another person threatens your safety. There’s a big difference between self-defense and assault; one is your right under state law, and the other is a serious offense.
We can fight to get your charges cleared under Texas’ Stand Your Ground law.
Your Charges don’t Constitute Assault
Texas Penal Code § 22.01 defines assault as any intentional or reckless action that threatens or harms another’s safety. Our Houston assault defense lawyer will evaluate your case to determine whether your actions meet the definition of assault.
If, for example, you accidentally hurt someone, this should not jeopardize your freedom and future.
You didn’t Do It
If you didn’t do the crime, you shouldn’t pay the time. It’s that simple. Our legal team can review the evidence against you, call on character witnesses, and establish an alibi (if possible) for when the alleged assault happened.
Certain Evidence Is Inadmissible
Law enforcement may have collected evidence improperly. For instance, if officers searched your home without a warrant, any evidence gathering was done so illegally. Your Houston assault defense attorney can file motions to have any improperly obtained information suppressed from the trial.
Our Houston Assault Defense Attorney May Be Able to Get Your Charges Reduced
In some cases, we may be able to explore diversion programs that could get your charges reduced or dismissed. Most diversion programs are available for nonviolent offenses; however, Harris County does have the Mental Health Diversion Center. This can benefit someone with developmental disabilities, neurocognitive disorder, serious mental illness, or substance use disorder who is displaying aggressive behavior due to their disorder.
In some cases, we may also explore plea bargains, but only if this is the best option for you and your future. Your defense attorney will look into your case, speak with the prosecutor, and determine the best option for you. If a plea deal is the best choice, we can pursue that, but we are ready and willing to fight tooth and nail for you in court.
A Conviction Can Result in Jail Time, Fines, and Professional Harm
The consequences of a criminal conviction largely depend on the nature of the alleged offense. Assault is typically a class A misdemeanor, but you could face class B or C misdemeanor or felony charges in certain cases. Here are the potential penalties for both misdemeanors and felonies:
- Class C misdemeanor. A fine of up to $500
- Class B misdemeanor. Up to 180 days in jail and a fine of no more than $2,000
- Class A misdemeanor. Up to a year in jail and a fine of no more than $4,000
- Third-degree felony. Anywhere from two to 10 years in prison and a fine of no more than $10,000
- Second-degree felony. Anywhere from two to 20 years in prison and a fine of up to $10,000
- First-degree felony. Anywhere from five years to life in prison, plus a fine up to the judge and jury’s discretion
These are just the penalties for assault and aggravated assault. If you are charged with another criminal offense in addition to assault, these consequences can jeopardize your ambitions and freedom.
A Conviction does More than Result in Fines and Jail Time
If convicted of a misdemeanor or felony assault, you could face more than jail time and fines. You could also:
- Have problems securing housing or getting loans
- Lose custody of your children
- Have a permanent violent offense on your criminal record
- Have the conviction come up on background checks
- Lose your job or have problems getting a job
- Be denied admission to certain schools and programs
- Be kicked out of school if it believes you violated its Code of Conduct
- Lose your right to own a firearm
- Lose your healthcare license
- Lose your security clearance
- Be deported if you are not a citizen
Even just one of these things could impair your quality of life. Our assault lawyer in Houston, Texas, doesn’t just fight your charges; we fight any threats to your ambitions, well-being, and safety.
The Different Types of Assault
There are different types of assault charges, and each comes with different implications. They include:
- Assault. Assault is “intentionally, knowingly, or recklessly causing bodily injury to another,” threatening another with injury, or “intentionally or knowingly causing physical contact to another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.” This conduct does not include the use of a deadly weapon.
- Aggravated assault. This is intentionally, knowingly, or recklessly causing serious bodily injury to another person. This includes either the use of a deadly weapon or causing serious bodily injury.
- Assault of a family member. This is intentionally, knowingly, or recklessly causing bodily injury to someone related to the accused by “consanguinity” or”affinity.” Consanguinity is anyone related by blood (e.g., parents, children, siblings, or grandparents); affinity is someone not related by blood (e.g., spouses, former spouses, co-parents, foster children, or foster parents).
Sexual assault and indecent assault also fall under assaultive offenses in the Texas Penal Code. Examples of sexual assault and indecent assault include groping, rape, molestation, or any sexual act against another person’s will. Our Houston sex crimes lawyer can help you fight these charges.
An assault charge becomes much more serious when a deadly weapon is involved, as it elevates the offense to a felony with the potential for significant prison time. If you’re facing this type of accusation, a Houston Assault With a Deadly Weapon Lawyer can help protect your rights, challenge the prosecution’s case, and fight for a favorable resolution.
What does the Prosecution Need to Prove for an Assault Conviction in Texas?
Under Texas law, the prosecution must prove one of the following to convict you:
- You intentionally injured another person, including a spouse.
- You intentionally threatened another person with “imminent bodily injury,” including a spouse.
- You intentionally touched another person in a way that they would find “offensive or provocative.”
If the prosecution cannot prove this, then the jury must acquit you.
Can I Get My Assault Arrest or Conviction Expunged?
Some cases are available for expunction or nondisclosure. Expunction means that your record is cleared, while nondisclosure means that your record is hidden from public view.
You may be able to get your arrest expunged if you were acquitted, you were never formally charged, or your charges were dismissed. Our team can help you establish whether you qualify for an expunction.
If you don’t qualify for expungement, you could qualify for a nondisclosure order in some cases.
A Houston criminal record expungement lawyer from our firm can help you determine your options.
What Counts as Bodily Injury Under Texas Law?
For you to be charged with assault, you must have caused someone “bodily injury” or threatened to do so. Texas law defines this as “physical pain, illness, or any impairment of physical condition.”
It defines serious bodily injury as injury with a substantial risk of death, serious permanent disfigurement, a loss of function, or impairment of function. Any injury that causes death is also a serious bodily injury.
If the prosecution cannot establish that the alleged victim suffered bodily injury (or that you threatened to do so), you cannot be convicted of assault.
When Is Assault a Felony Versus a Misdemeanor?
Assault is typically a class A misdemeanor. However, it becomes a felony when:
- The alleged victim is a public servant discharging their duty, or the assault occurred as retaliation for the public servant discharging their duty.
- The alleged victim is a family member, and you have a previous conviction for family violence.
- The alleged victim is a family member who you allegedly strangled or suffocated.
- The alleged victim is a government contractor engaged in their official duties, or the assault occurred as retaliation for discharging their duty.
- The alleged victim is any of the following professionals discharging their official duty:
- Security officer
- Process server
- Emergency services professional
- The alleged victim is a person whom you knew was pregnant.
- The assault occurred to force a pregnant person to have an abortion.
- The alleged victim was hospital personnel on hospital grounds.
- You allegedly used or exhibited a deadly weapon during the assault.
- You allegedly caused serious bodily injury.
What Happens If the Alleged Victim Drops the Charges?
Most people think that the case is over if the alleged victim drops the charges or decides they don’t want to file charges, but that’s not true. This is because the prosecutor decides whether or not to pursue the case.
Our Houston Assault Defense Lawyer Is Ready to Fight Your Assault Charges
When you partner with Blass Law, you partner with our founding attorney, Jay Blass Cohen. Attorney Cohen has years of experience in the courtroom that he’s ready to put to work for you. We will aggressively protect your legal rights while fighting for your freedom and future.
To explore your options with our law firm serving Harris County, call us today. Our Houston assault defense attorney can help with your case. Get the defense you deserve today.