Have law enforcement in Addison arrested you for aggravated assault in Addison, Texas? Aggravated assault charges represent one of the most serious crimes under Texas law. You deserve a knowledgeable, skilled aggravated assault defense lawyer in Addison who can help level the playing field and give you a better chance of securing a positive outcome to your charges.
Our firm is known for aggressive representation in aggravated assault cases, ensuring your rights are protected at every stage. Prosecutors vigorously pursue convictions in aggravated assault cases. Contact Rosenthal Kalabus & Therrian or check our online form for an initial case review after your arrest to learn how our firm can guide you through the criminal justice process as you seek to defend yourself against aggravated assault charges in Addison, Texas.
Why Choose an Assault Defense Lawyer in Addison from Rosenthal Kalabus & Therrian?
After an aggravated assault arrest, choosing legal representation can prove one of the most important decisions you make in resolving your charges. Picking the right aggravated assault defense attorney in Addison may mean the difference between a conviction and protecting your freedom and future. Let an assault and battery lawyer in Addison help you handle the criminal justice system when facing aggravated assault charges because we are dedicated to achieving favorable outcomes for our clients.
- Our firm offers top-quality legal representation, combining a professional approach and a personal touch. Our Addison aggravated assault defense lawyer will take the time to understand your needs, goals, and concerns to provide a personalized approach to every case. We are committed to giving personal attention to every client.
- You can rest assured that we will pursue every opportunity to achieve the best possible resolution to your case. Our legal team has the skills, knowledge, and extensive experience to defend you in state or federal court. With our combined experience in criminal law, we have a proven track record of success in assault and other criminal cases.
- You can contact us 24/7 to reach someone who can help you schedule an appointment, obtain legal advice, or get updates about the progress of your case.
Our firm handles a wide range of practice areas, showcasing the breadth of our legal services.
Understanding Aggravated Assault Charges in Addison
Section 22.02 of the Texas Penal Code contains Texas’s aggravated assault statute. Aggravated assault is considered one of the most serious felony charges under Texas criminal law, and is classified as a serious felony and a felony offense. Under this statute, a person commits a criminal offense if they commit an assault, which the law defines as:
- Intentionally, knowingly, or recklessly injuring another person, resulting in physical harm
- Intentionally or knowingly threatening another person with imminent injury
- Intentionally or knowingly causing physical contact with another person, knowing that person will regard the contact as offensive or provocative
Aggravated assault can result in significant harm to victims and often carries severe legal consequences. However, an assault becomes an aggravated assault if the perpetrator causes severe injury to the victim or uses or exhibits a deadly weapon when committing the assault. In some cases, aggravated assault charges may be accompanied by related charges such as unlawful possession of a weapon or offenses involving controlled substances.
Aggravated assault can also arise in the context of domestic violence or domestic battery cases, and reckless driving may escalate to aggravated assault in certain circumstances. Compared to more serious offenses like felony property crimes, aggravated assault is among the most severe legal matters our firm handles under Texas criminal law.
First- vs. Second Degree Felonies
By default, Texas law grades aggravated assault as a second-degree felony. However, an aggravated assault offense can become a first-degree felony under specific circumstances, including:
- The perpetrator uses a deadly weapon when committing the assault and causes severe injury to a family or household member or causes a traumatic brain or spinal injury that results in a persistent vegetative state or irreversible paralysis
- The perpetrator commits the offense while acting under the color of their public office or employment
- The perpetrator commits the offense against someone they know is a public servant, and the offense occurs while the servant lawfully discharges their official duty or in retaliation for the servant’s exercise of their official authority or the performance of an official duty.
- The perpetrator commits the offense to retaliate against a witness, informant, or person who reported a crime.
- The perpetrator commits the offense against someone they know is a process server or security officer, and the offense occurs while the process server or security officer performs their duties.
- The perpetrator commits the offense while in a motor vehicle and knowingly discharges a firearm at a habitation, building, or vehicle while recklessly disregarding the possible presence of people inside and causing severe injury to a person.
- The perpetrator commits the offense as part of a mass shooting.
Consequences of an Aggravated Assault Conviction
An aggravated assault conviction can impose various consequences for one’s freedom, reputation, and future. A conviction can result in a permanent criminal record that affects employment, housing, and many other aspects of life. First, a conviction will result in the imposition of a second- or first-degree felony sentence, depending on the grading of a defendant’s offense based on the circumstances of the crime. A second-degree felony carries a sentence of two to 20 years in prison. A first-degree felony carries a sentence of five to 99 years in prison or life imprisonment. Aggravated assault sentences can also impose other severe penalties, such as:
- Heavy fines of up to $10,000
- Jail time
- Court costs
- Restitution, which obligates a defendant to reimburse their victim(s) for financial losses caused by the aggravated assault
Other Consequences
An aggravated assault conviction can have other collateral consequences, such as a temporary loss of your firearm or voting rights, and in some cases, the loss of driving privileges. Furthermore, a conviction will result in you having a criminal record with a violent offense. Most employers conduct background checks and may deny employment due to a criminal record. Criminal records may appear in background checks for employment, housing, or educational opportunities. The stigma of a conviction can make it challenging to pursue opportunities and move forward with your life after a conviction. Other offenses, such as a DWI charge, can also result in severe penalties, including jail time and heavy fines.
A criminal conviction can cause significant harm to your future, limiting your opportunities and creating a permanent criminal record. The potential loss of freedom and long-term personal and professional consequences of an aggravated assault conviction make it important to seek experienced legal counsel from Rosenthal Kalabus & Therrian who can guide you through the criminal justice process and advocate for your rights, reputation, and future. Legal representation is a valuable asset in fighting aggravated assault charges, and the sooner you seek legal help, the better your chances of achieving a favorable outcome.
How to Beat an Assault Charge in Court
People charged with aggravated assault may raise various defenses or pursue legal strategies to seek a dismissal or reduction of their charges or an acquittal at trial. A strategic defense is crucial, as the best defense for aggravated assault charges often involves a tailored approach that considers all available legal options and the specifics of the prosecution’s evidence. Understanding the legal process and legal proceedings involved in assault cases is essential to protect clients’ rights and achieve the most favorable outcome.
Our Addison criminal defense lawyers are skilled defense attorneys who provide aggressive representation and a strong defense for clients facing a wide array of legal matters, including aggravated assault and other complex criminal cases. Our attorneys handle a wide array of cases and are committed to safeguarding clients’ rights throughout every stage of the legal process.
At trial, the prosecution has the burden to prove guilt beyond a reasonable doubt. A skilled Addison aggravated assault defense attorney can help you build a strong defense and ensure your rights are protected throughout the legal proceedings. Our team is dedicated to providing aggressive representation and exploring all legal options to secure the best defense for your case.
Strategies Lawyers Use
Examples of case strategies that may help you seek a favorable verdict in court include:
- Self-defense: A defendant charged with aggravated assault may claim they acted in self-defense or defense of others. Self-defense/defense of others requires a person to use reasonable, proportional force given the threat posed and the force needed to protect oneself or others.
- Lack of intent: Defendants facing aggravated assault charges may assert that the prosecution’s case fails to prove they acted with a necessary level of criminal intent.
- Lack of aggravating factors: A defendant may get an aggravated assault charge reduced in grading or reduced to a simple assault charge by arguing that the prosecution lacks evidence to prove any aggravating factors, such as a severe injury or use of a deadly weapon.
- Mistaken identity/alibi: Defendants may deny having committed the alleged assault by challenging the reliability of victim or eyewitness identifications or by presenting alibi evidence proving they were elsewhere when the assault occurred.
- Unlawful searches or interrogations by police: A defendant may seek to exclude evidence found during a police investigation by asserting that officers found the evidence through a search or custodial interrogation that violated their rights.
- Contesting the prosecution’s evidence: Challenging the prosecution’s evidence, such as the credibility of witnesses or the admissibility of physical evidence, is a key part of building a strong defense.
An experienced battery lawyer in Addison can review the facts and evidence in your case to identify possible defense strategies that can help you secure a favorable resolution to your charges, whether that involves a reduction of your charges, favorable sentencing, dismissal of your case, or an acquittal at trial.
How Can Our Addison Criminal Defense Law Firm Help You?
Facing the criminal justice system for an aggravated assault charge can seem daunting. At Rosenthal Kalabus & Therrian, we are committed to helping clients facing aggravated assault charges by providing dedicated and strategic legal support. Our attorneys handle a wide range of criminal cases, including aggravated assault, DWI, theft, and other complex legal matters. The law offices of Rosenthal Kalabus & Therrian serve as a valuable resource for clients, offering guidance and representation in various legal matters. Our legal representation is a valuable asset for clients, as we leverage our extensive experience and combined experience in criminal defense to protect your rights and interests. As criminal defense lawyers with a strong track record, we are prepared to advocate aggressively on your behalf.
When you turn to us for legal representation after an arrest in Addison, you can expect our attorneys and staff to go to work for you by:
- Conducting an independent investigation of your case, rather than simply relying on evidence turned over by the police and prosecution, who have no incentive to search for evidence that may help your defense
- Reviewing the facts of your case to identify potential case strategies
- Discussing your charges and the potential outcomes with you to help you make informed decisions about how to handle your case
- Contesting the prosecution’s evidence at every step to seek a quick resolution that allows you to get back to your life
- Leaving no stone unturned in seeking the best possible outcome under the circumstances of your case, even when that means taking your charges to trial
Contact our law offices today to schedule a free consultation and learn how our criminal defense lawyers can be a valuable asset in your legal matters.
Steps to Take After an Aggravated Assault Arrest
What can you do after you are accused of assault? Following arrests for aggravated assault, the experience can be overwhelming, especially when you face criminal charges that carry serious consequences. Taking specific steps can help protect your legal rights and give you the best chance of success when facing criminal charges. Things you should do after the police charge you with criminal charges such as aggravated assault include:
- Exercise your right to remain silent when in police custody. Politely inform the officers that you wish to exercise your right not to speak and refrain from answering questions about your criminal charges or giving the officers a statement.
- Ask to speak to a criminal defense attorney as soon as possible following your arrest. An attorney can help you understand the criminal charges you face and advise you on steps you could take.
- Refrain from contacting your accuser(s) or any other potential witnesses.
- Avoid discussing your case with family or friends or posting about your criminal charges on social media.
- Contact Rosenthal Kalabus & Therrian as soon as possible to discuss your criminal charges and get help pursuing a favorable outcome to your case. If you are facing criminal charges, contact us today for experienced legal representation.
Contact an Assault Lawyer in Addison Today
After getting arrested and charged with aggravated assault in Addison, you need highly experienced and dedicated legal counsel to protect your rights and interests in the criminal justice system. Let a criminal defense attorney from Rosenthal Kalabus & Therrian help you seek a favorable resolution to your case. Contact us today at (972) 369-0577 for a confidential, free consultation to discuss your options for defending yourself against aggravated assault charges. Our team of attorneys can get you the justice you deserve.