Assault Defense Lawyer in El Paso
Assaultive offenses are serious due to their violent nature and many assaultive offenses are felonies pursuant to the Texas Penal Code. If you have been charged with an assaultive offense, it is important that you hire an assault defense lawyer. The violent nature of any assaultive offense can impair your livelihood and most importantly your freedom.
The most common assault charges are assault causing bodily injury, aggravated assault, and assault family violence. The Texas Penal Code defines assault as intentionally, knowingly, or recklessly, causing bodily injury to another. Bodily injury means any physical pain, illness, or any impairment of physical condition. Assault is a Class A Misdemeanor and is punishable up to one year in jail and a fine up to $4,000.
Aggravated Assault is when an individual commits assault and either causes serious bodily injury or uses a deadly weapon while committing the assault. The Texas Penal Code defines serious bodily injury as any injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or any loss or impairment of any bodily member or organ. Aggravated Assault is a Second Degree Felony and is punishable by 2-20 years in prison and a fine up to $10,000.
You have a legal right to defend yourself against another person’s use or attempted use of unlawful force. You are justified in using forcing against another person if you reasonably believe the force is immediately necessary to protect yourself or others against another person’s use or attempted use of unlawful force. If self-defense is raised at trial, the prosecutors have the burden of disproving self-defense beyond a reasonable doubt, which is the burden of proof in a criminal case.
Often, the person who ends up losing a mutual fight will call police and press charges. Police may request a sworn statement regarding the fight and you will be implicated as the aggressor. In this situation of “mutual combat,” neither person should be charged with an offense due to the voluntary nature of the altercation. It is important to honestly and clearly communicate the facts to your assault defense lawyer in this situation. Any information on witnesses is important in order to obtain statements from them so that you are not convicted of a crime that you did not commit.
Contact Joseph Law, PLLC
Navigating the legal battle that follows an assaultive offense can be tremendously difficult. We will help you every step of the way. Call our office today to schedule your free initial consultation.