If you face assault charges, they can lead to a conviction involving jail time, fines, and a criminal record. Can an assault case get dismissed? Possibly. Should you consult a criminal defense lawyer? That’s definitely a good option if you are arrested and/or if your assault case involves:
- A lack of sufficient evidence
- Police screwing everything up
- Shady stuff
- Acting in self-defense or the defense of others
Whatever the nature of the assault charges, you are entitled to a defense. Further, not all circumstances resulting in getting charged with assault are straightforward. For example, many people do not appreciate the gravity of accusing another of a crime and regret doing so after the matter settles and emotions calm, especially in families. In any event, our attorneys can evaluate your case and explore your options with you.
Can You Be Prosecuted If the Alleged Victim Changes Their Mind About the Assault?
Yes. Assault is a criminal charge brought by the state, not the victims. Therefore, the decision whether an assault case is dismissed rests with the prosecutor or judge presiding over the issue. Even if the complainant wants the charges dropped, the state can move forward without the complainant and be prosecuted in accordance with Texas assault laws.
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In What Circumstances Can Assault Cases Can Get Dismissed?
Some assault cases have serious injuries. If there are serious injuries or minor injuries the circumstances that can cause a case to get dismissed are exactly the same.
Charges of assault can be dropped for no reason at all or the following reasons:
A Lack of Sufficient Evidence
Being accused or charged with assault can have disastrous consequences for your work, home life, and future. However, it is the prosecution who must prove the case to convict you. Without enough evidence to prove beyond a reasonable doubt that you committed the crime, the prosecutor may decide to drop the charges against you.
Police and prosecutors are supposed to follow strict processes during the arrest and booking. Therefore, there may be grounds for dismissal if procedural errors have violated your rights and evidence was obtained illegally.
However, these issues can be complex, so it can be beneficial to work with a defense attorney who will identify any mistakes and act upon them the right way to maximize the chances of getting the case dismissed.
Someone Acting in Self-Defense or the Defense of Others
Claiming self-defense means you will need to prove the assault you made was justified as a defense against someone who acted with violence or threats of violence towards you. In other words, you could not have provoked the assault and responded with proportionate self-protective violence. You also have the right to protect others in Texas against violence or the threat of violence.
Other possible defenses in your case could include mistaken identity, false accusation, shady stuff, lying witnesses and lying cops.
What Are the Penalties for an Assault Charge?
When simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. If the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. Being convicted could mean up to one year in jail and a fine of up to $4,000.
Charges can be increased to a 3rd-degree felony (where the potential penalties can be up to ten years in prison and up to $10,000 in fines) if the assault is against someone who is working in the capacity of:
- A public servant or government official
- An emergency services worker or security guard, or
- Your having previous convictions of domestic violence and the assault was against someone you have a personal relationship with or a family member
Aside from the possibility of fines and jail time, other serious consequences can arise from being convicted of assault. For example, a criminal conviction can affect your job opportunities, right to vote or possess a firearm, and ability to secure a loan or mortgage. In some cases, it can even affect your right to child custody.
Given the gravity of the situation, it is essential to give yourself the best opportunity at a favorable outcome, and a defense attorney can help make that happen.
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Will the Charges be on Record if Your Case is Dismissed?
Yes. Even when assault charges are dismissed or dropped, the record of your arrest and charge will remain in the public record forever. You can, however, take action to have the charge removed or expunged under certain circumstances, but waiting periods apply before the records can be expunged.
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What Characteristics Should You Look for in a Criminal Defense Lawyer?
When you consult a law firm, you can and should ask questions to establish their experience in:
- Seeing strategies and arguments other people may not
- Evaluating the evidence against you and identifying issues early on
- Remaining level headed in the face of overwhelming odds
- Dissecting each part of a case to determine where the small and large battles are
- Being skilled negotiators and presenting information in a firm, compelling, and respectful way
- Preparing for court where necessary and the struggles their client will face moving forward
- Identifying the potential impact on the client’s life and how to handle the case so there is as little disruption as possible
A defense attorney with our firm can examine the details in your case and the evidence against you to determine whether there are sufficient facts for a conviction. Where possible, they will fight to see your charges dismissed, dropped, or reduced.
Call Blass Law to Discuss Your Assault Case with Our Team
At Blass Law, we understand how you may be worried about what the future holds if you are arrested for assault. Our criminal defense team can help you understand every aspect of your case and advise you about your legal options.
With a reputation for taking on challenging and complex cases, we fight for your future by protecting your rights and negotiating on your behalf to get you a favorable outcome. To find out more about how we can help you today, call our firm at (713) 225-1900. Meanwhile, you can review our case results.
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