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All people have the right to feel safe and secure. The criminal statutes that fall under the definition of assault prohibit people from threatening the well-being of others, either physically or verbally. Making a mere threat of harm to another person can result in severe legal consequences; acting on those threats is a criminal offense is just as serious, or potentially more serious.
An Allen assault lawyer could help you when you face allegations of making threats against the well-being of another. Whether the charges involve causing harm to another or merely threatening to do so, a criminal defense attorney could help protect your present and future.
The law covers both threatening to cause harm to another and actually injuring other people. An assault, according to Texas Penal Code § 22.01, is any attempt to cause a violent injury to another. This statute also makes it a crime to intentionally threaten another with harm or to have any provocative or offensive physical contact with another.
Simple assaults are misdemeanors. An assault charge is a class C misdemeanor if there is only a threat of assault or if the contact was only offensive or provocative. However, the case upgrades to a class A misdemeanor when any physical contact causes an injury. While these may seem like minor charges, any assault conviction could see the court sentence a person to time in jail. Some assaults have collateral consequences above and beyond jail time. An attorney in Allen could help people better understand the types of simple assaults and how a conviction could impact their lives.
Two main factors could contribute to the severity of an assault charge. The first is whether a defendant used a weapon to instill fear in another. According to Texas Penal Code § 22.02, the use or display of a deadly weapon or instrument may result in felony-level charges. Convictions, in this instance, could result in a prison sentence of up to 20 years. The other factor is the identity of the alleged victim. A person’s status as a family member, police officer, or senior citizen can result in enhanced penalties for an assault conviction, even if the incident did not involve bodily harm.
A lawyer in Allen can help develop a defense against any assault allegation. Our team can work to dispute the identity of the alleged attacker, question whether it was reasonable for the alleged victim to fear harm, or work to dispute whether a weapon was present at the scene. These defense tactics can help convince a jury a supposed victim could not have reasonably feared harm, any contact was incidental, or a defendant was acting in self-defense. A successful case could see a reduction in the severity of charges or an outright acquittal.
Assault charges are serious issues that have the potential to impact every part of your life. Despite popular belief, police can make an arrest if they suspect a defendant merely threatened the well-being of another. In addition, an assault conviction could happen even if physical contact never occurred.
An Allen assault lawyer could help fight back against these allegations. Our seasoned legal team will take the lead in explaining your rights, evaluating the strength of the prosecutor’s case, disputing the legality of police work, and making solid legal arguments before judges and juries. Contact our office today to get started.
