Anyone who is the victim of a crime or who witnesses a crime can call their local police department to make a complaint or request law enforcement to come to the scene. In Texas, the prosecutor – not the alleged victim – files charges and prepares criminal proceedings against the defendant in an assault case.
According to Texas Penal Code § 22.01, you can be charged with assault if you:
- Intentionally, knowingly, or recklessly injure or harm another person
- Intentionally or knowingly threaten to injure or harm another person
- Intentionally or knowingly injure another person through physical contact
Are you facing an assault charge because of a complaint from someone other than the alleged victim? Are you wondering whether someone can file assault charges for someone else in the first place? A criminal defense lawyer can review the charges against you and explore your legal options.
You Can Face Severe Penalties for Assault in Texas
A criminal conviction can cause harm to your reputation, as well as threaten your job or career. It can also make it difficult to rent an apartment or continue your education.
According to Texas Penal Code § 22.01, based on the nature of your offense, you may be facing one or more of the following charges:
- Class C misdemeanor
- Class A misdemeanor
- Class B misdemeanor
- Third-degree felony
- Second-degree felony
- First-degree felony
According to the Texas Politics Project guidelines, depending on the circumstances of the alleged crime and severity of the charges against you, the criminal penalties you face can include:
- Class C misdemeanor – up to a $500 fine
- Class B misdemeanor – up to a $2,000 fine and / or up to 180 days of jail time in county jail
- Class A misdemeanor – up to a $4,000 fine and / or up to 1 year of jail time in county jail
- Third-degree felony – up to a $10,000 fine and 2 to 10 years of jail time in prison
- Second-degree felony – up to a $10,000 fine and 2 to 20 years of jail time in prison
- First-degree felony – up to a $10,000 fine and 5 to 99 years of jail time in prison
Your lawyer will help you understand the charges you face and their related penalties. They will also educate you on your available options, make sure your rights were and are protected, and fight for the best possible outcome for your criminal case.
How a Criminal Defense Lawyer Fights For You
When you are facing criminal assault charges and their potential penalties, your personal, professional, and social life are at risk.
A criminal defense lawyer in Houston, TX can help limit the damage to your community standing and criminal record by:
- Listening to your account of events
- Interviewing witnesses
- Determining whether it’s possible to show you acted in self-defense
- Working to ensure that your rights are not violated
- Negotiating a dismissal or a reduction in the charges you face
- Evaluating the evidence the state has against you
- Reviewing the complaining witnesses record for any previous instances of violence
- Preventing harm to your personal and professional reputation
You are not alone in your fight for justice. Your lawyer can also negotiate a plea agreement or have the charges against you dismissed.
A Criminal Defense Lawyer Can Protect Your Rights
According to Texas Penal Code § 2.01, when your pending criminal case goes to court, there is only one presumption, you are innocent. In order for a jury to convict you, the State must prove their case beyond reasonable doubt.
Your lawyer will build a criminal defense case that shows:
- You did not commit or threaten an act of violence.
- The evidence against you is simply not enough for a “guilty” verdict.
- The statute of limitations has expired on your case (if applicable).
- The evidence against you was illegally obtained and should be suppressed.
- The interrogation proceedings were improperly conducted, and the statements collected should not be admissible.
You may have additional criminal charges in addition to your assault charge. For instance, if you are being accused of assaulting a minor, you may also be facing child endangerment or child abuse charges. Your lawyer can create a legal strategy that works to have the charges against you dropped, dismissed, or reduced.
While you have the right to serve as your own legal counsel in a court of law, doing so could put your future in jeopardy. You should consider working with a criminal defense attorney to address the pending criminal charges against you in Texas.
Contact Our Criminal Defense Team Today
Are you concerned about whether a third party can file assault charges for someone else against you? If you are facing the personal, professional, or social implications of pending assault charges, Blass Law is here to help. Our team works hard to get the best possible outcome when you are faced with the possibility of a criminal conviction. If you need legal representation because of a pending assault case, contact the criminal defense team at Blass Law by dialing (713) 664-4000.