What should you do if you are arrested for assault in Allen, Texas? The most important step is to remain silent and contact an attorney as soon as possible. At Texas Defense Firm, we can protect your rights, explain the charges against you, and begin building your defense. Contact us today at (972) 369-0577 to schedule a confidential consultation with an Allen assault defense lawyer.
Texas Defense Firm is a top-rated criminal defense law firm with more than 200 years of combined legal experience. Our attorneys have successfully defended clients facing misdemeanor and felony assault charges throughout North Texas and are prepared to provide the experienced representation you need at every stage of the criminal process.
How Texas Defense Firm Can Help if You Were Arrested for Assault in Allen, TX
By the time charges are filed, law enforcement and prosecutors have already formed an opinion about the case. Fortunately, the law requires them to prove every element of your charges beyond a reasonable doubt. That’s a heavy burden that gives our Allen criminal defense lawyers a meaningful opportunity to fight back.
Our legal team at Texas Defense Firm understands the Collin County court system and the prosecutors who handle these cases as well as anyone. If you hire us, we’ll be able to use that knowledge to your advantage at every stage of the process.
Some of the ways we can help include:
- Conducting a thorough investigation into the charges and evidence against you
- Filing motions to suppress improperly obtained evidence
- Gathering exculpatory evidence that supports your version of events
- Working toward having your assault charges dismissed entirely
- Making sure you understand your rights and options at each stage of the case
- Representing you at all court hearings and at criminal trial if it comes to that
The state takes notice when a defendant has trusted legal representation on their side. Contact our assault defense lawyers in Allen, TX, today to learn more.
How Is Assault Defined Under Texas Law?
Texas law defines three separate forms of assault. You can be charged if you “intentionally, knowingly, or recklessly cause bodily injury to another” person. You can also face charges for intentionally threatening someone with imminent bodily harm. The third form involves making physical contact with another person in a way you know they would find offensive or provocative.
Under this definition, you don’t have to actually injure someone to be charged. A threat alone can be enough, and so can unwanted physical contact that doesn’t leave a mark. However, the prosecution still has to prove that you acted with the required mental state.
Note as well that Texas does not treat assault and battery as separate crimes the way some states do. Both are covered under the same statute.
What Are the Potential Penalties for an Assault Conviction in Allen, Texas?
The penalties for assault in Texas vary widely depending on the nature of the charge and your criminal history.
For simple assault, the range is as follows:
- Assault by threat or offensive contact: Class C misdemeanor, punishable by a fine of up to $500.
- Assault causing bodily injury: Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Assault against certain protected individuals: May be charged as a third-degree felony if the alleged victim is a public servant, emergency services worker, or a family member and the defendant has a prior domestic violence conviction. A conviction is punishable by 2 to 10 years in prison.
Aggravated assault, covered by Texas Penal Code § 22.02, is a second-degree felony by default, carrying 2 to 20 years in prison and a fine of up to $10,000. In certain situations, the charge rises to a first-degree felony punishable by 5 to 99 years.
What Defenses Can I Raise in Response to Assault Charges in Allen?
Our assault defense attorneys in Allen will carefully evaluate the facts of your case and determine your best plan of action from there.
Broadly speaking, some of the most commonly raised defenses in these cases include:
- You were acting in self-defense or in defense of another person
- You did not possess the required mental state at the time of the alleged offense
- Your constitutional rights were violated during the investigation or arrest
- The prosecution’s evidence is insufficient to meet the beyond a reasonable doubt standard
- You were misidentified or have an alibi placing you elsewhere at the time of the incident
Some of these are affirmative defenses, meaning you’ll need to present evidence to support them. Self-defense is the most common example. Our criminal defense lawyers can help you gather what’s needed to present the best case possible.
Schedule a Consultation With Our Allen Assault Defense Attorneys
Assault charges in Allen, TX, must be taken seriously, but remember that an arrest is not a conviction. You still have the right to defend yourself, and the earlier you get legal help on your side, the more options you’ll have available to you moving forward.
At Texas Defense Firm, our Allen assault defense lawyers bring more than 200 years of combined experience to the table and are ready to get to work for you right away. Contact our law offices today to schedule an initial consultation.
