Protecting & Defending the Rights of the Accused
Bryan, TX Assault Defense Attorney
Is Assault a Felony in Texas?
Assault charges can range from a Class C misdemeanor punishable by a fine of up to $500, which is the least serious, all the way up to a first-degree felony punishable by up to five years in prison and a fine. For example, threatening or harming public servants, emergency medical personnel, family services personnel, and household members is a third-degree felony assault. This charge is elevated to a second-degree felony in domestic assault cases involving previous convictions. Assault is also elevated to “aggravated” assault when a serious injury results or when a dangerous weapon is used.
Basically, you can commit assault in three ways:
- You intentionally or knowingly threaten another with physical harm
- You intentionally or knowingly cause some kind of physical contact with another that is offensive or meant to provoke
- You intentionally, knowingly, or recklessly cause bodily injury to another
You can be charged with assault even if you never actually make physical contact or hurt the other person. Merely threatening someone with your fists or any kind of weapon constitutes a form of basic assault.
Can Assault Charges Be Dropped in Texas?
Assault charges can be dropped in Texas under certain conditions. In general, charges may be dropped if the prosecution does not believe there is enough evidence to prove the accused’s guilt beyond a reasonable doubt. The accused person may also be able to negotiate a plea bargain with the prosecutors, which allows them to plead guilty to a lesser offense and receive a reduced sentence.
In addition, some victims may decide they do not want to pursue the case further and request that the state or district attorney drop or reduce the charges against their alleged attacker. If the alleged victim is uncooperative with police or court proceedings, this could signal that they would rather have the case dismissed than continue with charges. However, victims need to understand that only prosecutors can decide whether to continue a case against an alleged assailant.
Although assault charges can be dropped in Texas, prosecutors often take these cases very seriously and pursue convictions when possible. It is essential for those facing criminal charges in Texas to seek legal counsel from an experienced criminal defense attorney who understands the law and knows how best to defend their client’s rights in court.
If you have been charged with any type of assault in Brazos County, your first action should be to consult with an experienced attorney. You will want to ensure that your case is properly investigated, that your voice is heard, and that you have a strong defense. At The Law Office of Jay Granberry, you can work with a seasoned former prosecutor who has built a reputation as a strong defender of the accused. As a Bryan assault defense attorney, Jay Granberry has 25 years of legal experience to bring to your case, including extensive trial experience.
Many potential defenses exist in any assault case. The Law Office of Jay Granberry has the experience you need to help you defend your rights. We advise that you contact us as soon as possible after you’ve been charged—or as soon as you suspect you will be charged—so we can get to work on building the best possible defense for you.