Assault charges in Bryan, Texas, may stem from various situations, including physical altercations, threats of violence, or offensive physical contact. An experienced Bryan assault lawyer can assess the circumstances surrounding the alleged assault, develop a strong defense strategy, and advocate for your rights in court. These actions could potentially lead to reduced charges or case dismissal.
If you are charged with assault in Bryan, stay composed and avoid making any statements to law enforcement or others that could potentially incriminate you. Anything you say can be used against you in court. Contact an experienced criminal defense attorney as soon as possible to discuss your case.
- Why Choose the Law Office of Shane Phelps When Facing a Bryan Assault Charge?
- Our Law Office in Bryan, Texas
- What is Assault?
- Assault Penalties in Texas
- Scenarios That Could Lead to Assault Charges in Texas
- Assault Related to Domestic Violence
- How Can a Bryan Assault Defense Attorney Help?
- Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
Why Choose the Law Office of Shane Phelps When Facing a Bryan Assault Charge?
If you were recently arrested and charged with assault in Bryan, Texas, Shane Phelps Law is prepared to fight for you. Let us help you get your life back on track. We understand the local landscape of Bryan and have a strong familiarity with Texas law.
As a former prosecutor, our Bryan criminal defense attorney has extensive knowledge of Texas law to help you navigate through the intricacies of the legal system and the courtroom.
With our personalized approach and commitment to protecting your rights, you can trust us to provide the effective legal representation you need during this challenging time. Give us a call at 979-773-7028.
Our Law Office in Bryan, Texas
The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.
What is Assault?
According to the Texas Penal Code, assault is defined as intentionally or knowingly causing bodily injury to another person, threatening someone, or causing offensive physical contact. Since assault is a criminal offense involving violence in Texas, the prosecution is going to take these types of cases very seriously, especially if the crime results in an injury or a weapon was used.
Assault Penalties in Texas
Simple assault is often considered a Class A misdemeanor, which is punishable by a maximum county jail sentence of one year and a fine of up to $4,000. However, there is a possibility that the prosecution will elevate the charge to a third-degree felony, which is punishable by a prison sentence between two and 10 years, as well as a fine of up to $10,000.
A misdemeanor assault charge can become a felony if:
- Assault was committed against a family member or significant other, and you have a previous domestic violence conviction.
- The defendant knew the victim was a public servant or government contractor on official duty, or he or she committed the assault on a public servant in retaliation for doing his job.
- The defendant knew the victim was an emergency services worker and security guard, and the assault was committed while they were on duty.
An assault that only consists of threatening or touching is a Class C misdemeanor, which is only a fine of up to $500.
Consequences of Assault Beyond Legal Penalties
An assault conviction in Texas can result in far-reaching consequences beyond the immediate legal penalties imposed by the court. These collateral consequences can significantly impact various aspects of your life even after you have completed any mandated sentence or probationary period.
- Damage to Reputation: A criminal conviction for assault can tarnish your reputation within your community, professional circles, and among friends and family.
- Difficulty Finding Employment: Many employers conduct background checks as part of their hiring process, and a criminal record for assault can severely limit job prospects. Certain industries, such as education, healthcare, and government, may have strict policies regarding hiring individuals with a history of violence.
- Restrictions on Professional Licenses: Individuals convicted of assault may face restrictions or outright denial of professional licenses, particularly in fields that require adherence to high ethical standards or involve working with vulnerable populations.
- Loss of Civil Rights and Privileges: An assault conviction can result in the loss of certain civil rights and privileges, such as the right to own or possess firearms.
- Immigration Consequences: Non-citizens convicted of assault in Texas may face deportation, denial of naturalization, or other immigration consequences.
- Impact on Custody and Visitation Rights: A history of assault convictions can influence child custody and visitation arrangements in family court proceedings. Courts prioritize the safety and well-being of children, and past violence may factor into decisions regarding parental rights and responsibilities.
- Challenges with Housing: Landlords and property management companies may conduct background checks on prospective tenants, and a criminal record for assault can make it difficult to secure housing.
Scenarios That Could Lead to Assault Charges in Texas
Assault charges in Texas can arise from a variety of situations, ranging from physical altercations to domestic disputes and road rage incidents. Understanding these common scenarios is essential for individuals navigating the legal complexities of assault charges in the state.
- Physical Altercations: Engaging in a physical fight or altercation with another individual, whether provoked or unprovoked, that results in bodily injury or offensive physical contact could lead to assault charges.
- Road Rage Incidents: Aggressive behavior or physical confrontations between drivers during traffic disputes, such as tailgating, cutting off, or intentionally colliding with another vehicle, may lead to assault charges if the altercation escalates to violence.
- Bar or Club Altercations: Altercations that occur in social settings like bars, clubs, or parties, often fueled by alcohol or heightened emotions, can result in assault charges if one person physically harms or threatens another.
- Self-Defense Cases: While self-defense is a valid legal defense in Texas, individuals may still face assault charges if the level of force used in self-defense exceeds what is deemed reasonable under the circumstances.
Assault Related to Domestic Violence
Instances of violence or threats of violence between family or household members, such as spouses, partners, or family members, can result in assault charges under Texas's domestic violence laws.
The court may issue protective orders, also known as restraining orders or orders of protection. These court orders prohibit the alleged abuser from contacting or harassing the victim. They may also include other provisions, such as requiring the abuser to stay away from the victim's home or workplace. Violating a protective order can result in criminal charges.
Texas has mandatory arrest policies for domestic violence cases in certain situations. Law enforcement officers are required to make an arrest if they have probable cause to believe that family violence has occurred, and they are called to the scene of a domestic disturbance.
There may be enhanced penalties for individuals convicted of domestic violence offenses under Texas law. Aggravating factors, such as prior convictions, use of weapons, or causing serious bodily injury, can result in more severe penalties, including longer prison sentences and higher fines.
In addition to legal consequences, individuals convicted of domestic violence offenses in Texas may be required to participate in counseling or intervention programs as part of their sentence.
How Can a Bryan Assault Defense Attorney Help?
When facing an assault charge in Texas, having a skilled lawyer by your side can make a significant difference in the outcome of your case. A lawyer can provide invaluable support by crafting a strong defense strategy and ensuring your rights are upheld throughout the legal process.
You should have your lawyer present during police questioning, court appearances, and interactions with prosecutors. A knowledgeable defense lawyer will work to prevent any violations of your constitutional rights and ensure fair treatment under the law.
In some cases, your lawyer may negotiate with prosecutors to reach a plea bargain or alternative resolution that minimizes the potential consequences of an assault conviction. This could involve pleading guilty to lesser charges or agreeing to participate in diversion programs or counseling in exchange for reduced penalties.
If your case goes to trial, your lawyer will advocate on your behalf in court, presenting evidence, cross-examining witnesses, and making persuasive arguments to the judge or jury. Their goal is to secure the best possible outcome for you, whether that means an acquittal or a favorable verdict.
Bail and Pre-Trial Release
A lawyer can assist in navigating the process of obtaining bail or securing pretrial release. They can advocate for reasonable bail conditions and help you understand your options for release while awaiting trial, minimizing the time spent in jail.
The judge will consider several factors when determining bail for an individual charged with assault. These factors may include the severity of the alleged offense, the defendant's criminal history, ties to the community, employment status, financial resources, and any potential risk to public safety or flight risk.
In addition to traditional bail bonds, there are alternative forms of pretrial release that may be available to individuals charged with assault. These may include pretrial services that provide supervision while you await trial, or electronic monitoring. Your assault defense lawyer can help you explore these options.
Expungement or Record Sealing
In Texas, individuals with assault-related criminal records may have the opportunity to expunge or seal their records under certain circumstances, offering a chance for a fresh start after fulfilling legal obligations. Expungement and record sealing are legal processes that limit public access to criminal records or remove them entirely from official records.
Expungement and record sealing offer individuals with assault-related criminal records the opportunity to move forward with their lives without the stigma and barriers associated with a criminal record. However, eligibility requirements, waiting periods, and the specific process for expungement or record sealing can vary depending on the circumstances of the case and applicable state laws.
Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
Facing an assault charge in Bryan, Texas? Don't navigate the legal complexities alone. The Law Office of Shane Phelps, conveniently located in Bryan, is here to provide you with the personalized legal support you need.
Our firm founder, Shane Phelps, is a Board-Certified Criminal Law Specialist by the Texas Board of Legal Specialization with focused experience in this field of law. Additionally, our team of dedicated attorneys is familiar with Texas law and ready to listen to your concerns.
Contact us and let us help you navigate this challenging time with confidence. Call us today at 979-773-7028 or contact us online to request a free consultation immediately.
