The answer: Extremely seriously. Violent crime convictions are typically punished harshly in the Lone Star State.
Assault charges can range from misdemeanors to felonies, depending on the severity of the offense and the circumstances surrounding it. Keep reading for information that can lead to an informed defense strategy amid assault charges.
Is assault a felony?
Under Texas law, assault can lead to misdemeanor or felony charges, depending on the circumstances. Factors such as using a deadly weapon and harming a public servant (police officer, etc.) can elevate a misdemeanor assault to a felony.
Felony assault falls into different degrees, with first-degree being the most serious. A first-degree conviction could mean life imprisonment, while a third-degree conviction results in substantially less prison time (up to ten years).
Is an effective defense possible?
Yes, it is possible to mount a successful defense. Here are some options to consider:
- Self-defense: Claiming you were protecting yourself from imminent harm.
- Defense of others: Protecting someone else from immediate danger.
- Defense of property: Using force to protect your property under certain conditions.
- Police or procedure errors: Challenging the legality of the arrest or evidence collection process.
Texas’s “stand your ground” law can also play a role in your defense. It allows the use of force without retreating when facing a threat in a place you have a right to be (your home, certain public environments, etc.). The caveat is that you must show you were not engaged in criminal activity and did not provoke the altercation.
The takeaway is not to discount the possibility of a defense, even if facing serious felony assault charges. A legal representative can help you create a defense tailored to your unique situation.