Getting convicted of assault in Texas could have long-lasting negative repercussions on your life. A La Porte criminal defense lawyer from Blass Law will work hard to get the best possible outcome. We will fight to secure a “not guilty” verdict and protect your future.
Attorney Jay Blass Cohen is uniquely qualified to defend you against assault charges, particularly if there is an accusation of family violence. Jay has a track record of very successful outcomes in assault cases involving family violence. His life work is keeping innocent people innocent.
Why Would You Want to Hire an Assault Lawyer to Defend You in La Porte?
You have worked hard to get where you have in your life. The goals you have set for yourself could get shattered if you get convicted of assault. You could go to jail, pay thousands of dollars in fines and court costs, and lose your job.
You might have been planning for years to attend the college that your relatives have attended. With an assault conviction, you might be denied admission to your dream school.
These are just a few of the reasons why you will want to try to avoid getting convicted of assault in La Porte, Texas. You want to live life to the fullest, and nothing should stop you.
When an assault charge involves a family or household member, the legal consequences can escalate quickly. A La Porte family member assault lawyer can help you understand the charges, defend your rights, and work toward minimizing the long-term impact on your life.
What You Can Expect From Blass Law’s Assault Defense Lawyer
Just because you got arrested for assault and charged with the offense, does not mean that you will automatically get convicted. At Blass Law, we fight to win your case––whatever that looks like for your situation.
You can entrust us to:
Scrutinize the Prosecution’s Evidence
To get a “guilty” verdict, the prosecutor must beat us and prove the charges against you beyond a reasonable doubt by using evidence at trial. Sometimes, the police seize evidence improperly or screw up other things. If evidence did not get collected legally or shouldn’t be in front of a jury, we move to have those items deemed inadmissible and excluded.
When the prosecutor does not have enough remaining evidence to support a conviction, we can move for a directed verdict, asking the judge to instruct the jury to return a not guilty verdict.
Analyze Testimony
Although prosecutors often try to convince the jury that eyewitness testimony is enough reason to convict a person of a crime, criminal defense lawyers know eyewitness testimony is highly unreliable.
We can look for inconsistent statements and reasons why a witness’ testimony is flawed. For example, the lighting or distance might make it impossible for the witness to have seen what they claim they saw—or, the witness is just making it all up. If there’s even a shred of doubt regarding a witness’ testimony, the jury cannot convict you.
Protect Your Constitutional Rights
The founders of our country determined that individuals need certain protections from improper actions by the government, which includes the police and the court system. We fight passionately to protect your constitutional rights.
If the police, the prosecutor, or other law enforcement officials violated your rights, we will argue for a dismissal. If the prosecutor does not disclose all the evidence they have against you, that is grounds to have the evidence suppressed. The constitution protects you from trial by ambush.
Some of the Strategies We Use in Your Defense
The facts of your case will determine what types of strategies we use to attack the prosecution’s case against you. Here are some of the strategies that can get used when defending a client faced with assault charges:
Excluded Evidence Leaves the Prosecutor Without a Case Against You
The prosecutor has to prove every single required element of assault under Texas law. Texas Penal Code § 22.01 says that the elements of assault in our state are:
- Causing harm to another person intentionally, recklessly, or knowingly, or
- Threatening to do so imminently, or
- Intentionally or knowing causing offensive or provocative physical contact with another person.
If the police seized evidence illegally, and that is the prosecutor’s only evidence about one of these elements of assault, the prosecutor will not be able to secure a conviction. We will fight for a dismissal of the assault charges in that situation.
Your Actions Did Not Constitute an Assault
Let’s say you were in the stands at a college football game. The crowds jumped up to celebrate after a touchdown. When you jumped up with the crowd, you accidentally bumped into another fan, who fell and got injured.
If the person presses assault charges against you, we can defend on the grounds that you did not commit an assault, and they’re a crybaby. Texas law requires that the harm was intentional. You did not intend to hurt the other person, so you cannot get lawfully convicted.
The Wrong Person Got Arrested or Charged
Sometimes, a person charged with a crime has an alibi for when the alleged incident happened. Still, it can be hard to gather the evidence to prove an alibi. We will track down the witnesses who can establish your alibi that proves you could not have committed the crime.
The Penalties for an Assault Conviction in La Porte, Texas
If you get convicted of an assault in Texas, you could face penalties for a misdemeanor or a felony. Here are the possible penalties in our state, according to the Attorney General of Texas:
- A Class C misdemeanor can result in a $500 fine.
- A person who gets convicted of a Class B misdemeanor could get sentenced to as many as 180 days in jail, a fine of up to $2,000, or both a fine and jail time.
- With a Class A misdemeanor, the individual could get sentenced to a maximum fine of $4,000, confinement in jail for up to one year, or both a fine and confinement.
- A third-degree felony convict could take away your freedom for up to 10 years and impose a fine of as much as $10,000 on you, or a fine and imprisonment.
- Second-degree felony convictions come with imprisonment from two to 20 years, a fine of up to $10,000, or both.
- A first-degree conviction could result in imprisonment for from five years to life and a fine that the judge and jury can determine is appropriate.
Those penalties are only what the judge can impose. Society can dish out even more negative consequences when a person gets a criminal conviction.
Call Today to Explore Your Options
In addition to having your hopes and dreams for your career and education shattered, you could be at a disadvantage when trying to rent an apartment or buy a house, get treated equally on custody issues, get a job that pays well, and a host of other situations that involve background checks.
Jay Blass Cohen, the founding partner of Blass Law, will fight for you and your future. You can reach out to us today to get started with a La Porte assault defense lawyer.