Rosenthal Kalabus & Therrian

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Collin County Aggravated Assault Defense Attorneys

If you’ve been arrested or if you believe you are under suspicion for aggravated assault in Collin County, don’t hesitate to contact the Collin County aggravated assault defense lawyers of Rosenthal Kalabus & Therrian for help right away. An aggravated assault conviction could carry severe penalties, so it is vital to have a team on your side that will fight to defend your rights and your freedom.

Texas Penal Code § 22.02 defines an aggravated assault as the commission of an assault causing serious bodily injury or involving the use or exhibition of a deadly weapon. Under Texas Penal Code § 22.01, a person commits the crime of assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, intentionally or knowingly threaten another person with bodily injury, or intentionally or knowingly cause physical contact with another person that will be regarded as offensive or provocative.

While assault could be charged as a misdemeanor offense, an aggravated assault will result in felony charges. If you or a loved one was arrested for an alleged aggravated assault in Collin County, it is in your best interest to hire an experienced criminal defense attorney to represent you as soon as possible.

Rosenthal Kalabus & Therrian is the only law firm in Collin County to have two Criminal Law Board Certified partners. Call (972) 369-0577 or contact us online to set up a free consultation.

Do I Need an Aggravated Assault Defense Lawyer?

An aggravated assault is a serious violent crime in Texas. A conviction for aggravated assault could lead to many problems down the road because of its appearance on your criminal record.

When you have been convicted of aggravated assault, you could have difficulty obtaining a job, getting housing, or having your professional licensing approved. You will want to have an experienced attorney who can fight to help you achieve the best possible outcome in your case.

If a prosecutor lacks the evidence needed to prove your guilt beyond a reasonable doubt, your lawyer may be able to negotiate a reduction in or possibly even the complete dismissal of the criminal charges. Prosecutors are rarely willing to negotiate with unrepresented defendants. You must make sure you have an attorney, so you are not the subject of a pursuit for maximum punishments.

A lawyer is also going to be able to assist by conducting their own independent investigation of your arrest to collect evidence that may be used in your defense. The attorney will be able to determine your strongest defense options to help you possibly avoid a conviction.

Why Choose Rosenthal Kalabus & Therrian To Handle My Case?

Rosenthal Kalabus & Therrian is the largest criminal defense firm in Collin County. Because of our size, clients enjoy the benefit of multiple attorneys collaborating together on their case.

Founding partner Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Roughly 1 percent of attorneys are Board Certified.

Mr. Rosenthal is a former Assistant District Attorney in Collin County and the former Chief Prosecutor for County Court at Law Two. He has almost two decades of legal experience and is a Board Member of the Texas Criminal Defense Lawyers Association. He is also a member of the National College of DUI Defense and the National Association of Criminal Defense Lawyers.

Aggravated Assault Cases We Handle

Aggravated assault is generally charged as a second-degree felony. A conviction is punishable by up to 20 years in prison and/or a fine of up to $10,000.

Aggravated assault can be charged as a first-degree felony when the alleged offender uses a deadly weapon during the assault and causes serious bodily injury to a person whose relationship to or association with the alleged offender is a family member, household member, dating relationship, security officer, or a public servant. It is also a first-degree felony if the alleged offender operates a firearm from a motor vehicle in the direction of another vehicle, building, or habitation, behaved recklessly as to whether that vehicle, building, or dwelling is occupied, and causes serious bodily injury to another person in discharging the firearm.

A first-degree felony conviction is punishable by up to 99 years or life in prison and/or a fine of up to $10,000. Texas Penal Code § 1.07(46) defines serious bodily injury as “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

Frequently Asked Questions about Aggravated Assault

No. The Fifth Amendment to the United States Constitution provides several essential protections, including that no person can be compelled in any criminal case to be a witness against themselves. When a person exercises this right against self-incrimination, it is colloquially referred to as “pleading the Fifth.” While you are not required to testify in your own defense, there could be situations in which your testimony may be particularly valuable. The risk of testifying on your own behalf is that the prosecutor will be able to ask questions during cross-examination, so you must consult with an experienced attorney to determine if it is genuinely in your best interest to testify in your own aggravated assault case.
Also known as “zero bond” cases, a “no bond” order can be involved in particular violent crime cases when the court fears that an alleged offender is a possible flight risk. In other cases, people may be denied bond if they are arrested while they are on probation or have been released on bond for a previous criminal offense. It is common for bond to be denied in aggravated assault cases involving family or household members. You need to make sure that you have a skilled lawyer who can help argue for a reasonable bond that allows you to be released as soon as possible without requiring a significant sum of money to be paid.
It may be possible to seal an aggravated assault if you are placed on deferred adjudication. If you successfully complete deferred adjudication you may apply for an Order of Nondisclosure sealing the record five years from the date of discharge from deferred adjudication community supervision. An expunction is different from an Order of Non-disclosure (sealing order). You may expunge the record only if you are found not guilty, or the case is dismissed, your case is never presented to a Grand Jury and the statute of limitations has expired, or a Grand Jury declines to indict you and the statute of limitations has expired. Even then, it can be incredibly challenging to seal or expunge criminal records. You will make things far easier on yourself by avoiding a conviction in the original trial rather than attempting to rewrite the past retroactively.

Aggravated Assault in Texas

According to the Texas Department of Public Safety (TxDPS), there were 75,347 aggravated assaults in the state in 2017. This was a 3.8 percent increase from the 72,609 aggravated assaults in 2016. TxDPS stated an aggravated assault occurs once every seven minutes in Texas.

TxDPS reported that aggravated assault had a crime rate of 266.2 crimes per 100,000 persons, which was a 2.0 percent increase from the rate of 261.0 crimes per 100,000 persons in 2016. Law enforcement officers cleared 48.8 percent of aggravated assaults in 2017.

According to TxDPS, 30.6 percent of all reported aggravated assaults in 2017 were committed with the use of firearms, and other dangerous weapons accounted for 31.7 percent of the offenses. Knives or cutting instruments made up 19.5 percent of weapons used in aggravated assault offenses while strong-arm weapons such as hands, feet, or fists accounted for the remaining 18.2 percent.

Contact a Collin County Aggravated Assault Defense Attorney Today

If you were arrested for an alleged aggravated assault anywhere in Collin County, do not make any statement to authorities until you have legal representation. Make sure your first phone call is to Rosenthal Kalabus & Therrian. Our attorneys will put our experience, skill, and resources to work for you, and we’ll work diligently to help you get the most favorable resolution that results in the fewest penalties. We know how scary criminal charges like these can be for you and your family, which is why our team will take the time to sit with you, listen to your story, and help you understand the charges you face. We’ll discuss your rights and the best defense strategies for your specific situation, and we’ll put all of our efforts into helping you get through this challenging process.

We can provide a thorough evaluation of your case as soon as you call (972) 369-0577 or contact us online. Don’t wait too long to get the qualified representation you deserve. Instead, call us and let us put our skills to work for you.