When you are accused of assault in Texas, understanding the severity of this offense is critical. Unfortunately, many assume assault is a blanket charge with light penalties, which is far from the truth. In reality, there are different levels of severity for this charge, so ensuring you understand the differences is critical. This is especially true when learning how first- and second-degree assault vary under Texas law. If you were charged, the following blog explores what constitutes these charges and the penalties you can face if convicted. You’ll also discover how a Houston violent crimes defense attorney can assist you during these difficult matters.
What Constitutes First- vs. Second-Degree Assault in Texas?
First and foremost, it’s critical to understand what actually constitutes an assault offense in Texas. Generally, in the eyes of the law, an assault occurs any time you threaten someone with physical harm, touch them in a provoking or offensive manner, or intentionally or recklessly inflict harm to another person. For example, you’ll find that threatening to hit someone or even grabbing someone by the shoulder can both be considered assault.
However, you can also be charged with aggravated assault in Texas. This is a more severe charge, often caused by more serious injuries or the presence of deadly weapons during the commission of the assault.
As such, any aggravated assault that occurs in Texas is automatically considered a second-degree felony offense. This means any time you threaten someone with a weapon, you can face this charge. Second-degree assault typically carries up to $10,000 in fines and between two and twenty years in prison.
On the other hand, first-degree assault is one of the most serious offenses you can face in Texas. This charge is warranted any time someone commits aggravated assault against any of the following individuals; you can also face a first-degree assault charge:
- A public servant in the line of duty or to retaliate
- Witnesses to a crime
- Those who report a crime
You can also face a first-degree offense if you are a repeat offender with previous assault convictions. First-degree assault carries up to $10,000 in fines and five years to life in prison.
What Are Potential Defenses I Can Utilize?
As you can see, the penalties for a felony assault charge in Texas can be incredibly serious. As such, it is in your best interest to connect with an experienced attorney as soon as possible. Not only can they help protect your rights during these difficult legal matters, but they can also help you explore the different defenses you may be able to utilize in your case.
One of the most common defenses that is commonly used in Texas to defend those charged with felony assault in Texas is that you were acting in self-defense. If you can show that you were not the aggressor in the situation and that the other party instigated the attack, and you were defending yourself, you may be able to prove your innocence. In other circumstances, you may be able to show that the protection is unable to prove the intent behind the alleged assault, resulting in the inability to convict you.
In some instances, your attorney can work out a deal with the prosecution to have the charges against you reduced if trying to prove innocence proves futile. If this is the case, your attorney can work with the prosecution to reduce the charges against you so you can plead guilty in exchange for a lesser charge and lighter sentence.
As you can see, the penalties you can incur if charged with assault can change the rest of your life. That’s why it’s critical to connect with an experienced attorney with the Gonzalez Law Group to explore your legal options during these difficult times. We understand how serious these matters are, which is why we will handle your case with the utmost care. Contact us today to learn how we can fight for you.