Assault charges are frightening; from severe penalties to collateral consequences, it is essential to mount a solid legal defense. Our Houston criminal defense attorneys at Walter J. Pink & Associates, PC, have achieved results in over 25,000 combined cases since our founding.
If you want to position your case as favorably as possible, consider hiring our legal team to defend your rights and protect your freedom.
For over three generations, we have acquired knowledge, resources, and skills vital for a proper defense. Find out what our Houston assault defense lawyer says about your situation while learning more about your options. Call Walter J. Pink & Associates, PC, for a free consultation at (713) 664-6651.
Why Choose Walter J. Pink & Associates, PC?
Like no two cases are alike, not all law firms are built similarly. Our Houston assault defense attorneys are ready to hold your prosecutors accountable to your rights and their burden of proof. If they cannot follow these standards, then they should not face a conviction.
Here are a few reasons why you may want to choose our expert attorneys at Walter J. Pink & Associates, PC when defending assault charges in the Houston area:
- Knowledge: We deeply understand how state and federal law has changed, giving our clients a tangible foundation upon which to choose from our recommended strategies.
- Trial-readiness: Our legal team understands that your assault charges could go to trial if you choose to fight them there. If you need a courtroom champion, count on Walter J. Pink & Associates, PC, to stand by your side throughout the legal process.
- Resources: We have nurtured relationships with legal professionals, courts, lawyers, prosecutors, expert witnesses, and judges throughout Texas. If your assault charges have a complex yet viable defense, our Houston assault defense attorney will be able to construct a compelling argument.
From the investigation to your jury trial, count on our legal team to handle the specifics of your defense while providing you with ongoing advice and counsel so that you have the information you need to make critical decisions.
Get Your Free Consultation with Our Houston Assault Defense Attorney
You do not have to face assault charges alone. Put the power of a legal champion on your side of the fight with Walter J. Pink & Associates, PC. Learn more about your legal rights and options during a free consultation at (713) 664-6651.
Defining Assault Charges in Houston
Texas law defines assault charges so that courts know how to handle these proceedings. The charge of assault is in the Texas Penal Code (TPC) § 22.01, which states, in part:
- A person commits an offense if the person
- Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
or - Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or proactive.
While an Assault typically involves physical contact, an individual may be charged with an assault based on words or other actions that do not include physical contact with the alleged victim. Also, the alleged victim does not have to be hurt.
A simple, non-consented touch, such as a brush on the shoulder or a light shove, can amount to a simple assault. The physical contact, in simple assault, just has to amount to harmful or offensive.
Furthermore, an assault can occur in contact sports when the contact goes outside the scope of the physical contact expected in the course of the sport. An assault does not have to be an intentional act. One can knowingly or recklessly act about causing bodily harm and still be charged with assault.
We Represent Assault Charges in Texas
Assault charges can range in classification and grading. For example, the penalties for misdemeanor assault charges are lower than felony-level charges. However, you could receive up to a year in jail for a misdemeanor, meaning that state judges can penalize you severely.
Types of charges that the Houston assault defense attorney at Walter J. Pink & Associates, PC, represents include:
- A Simple Assault in Texas may be considered a class A misdemeanor with a sentence of up to one year in county jail and a fine of up to $4,000.
- Impeding breath or Circulating is considered an enhancement to a felony of the third (3rd) degree due to impeding of breath. It can carry a punishment range of 2-10 years in the Texas Department of Criminal Justice (TDCJ) and up to a $10,000 fine. Texas Penal Code (TPC) § 22.01(b)(2)(B).
- These assaults occur if physical pressure or force is applied to a person’s throat, nose, or mouth and inhibits or disturbs breathing or circulation.
- Assault on a Public Servant occurs when someone intentionally, knowingly, or recklessly causes bodily injury to a person the actor knows is a public servant. In contrast, the public servant acts as a public servant or in retaliation to actions performed by the public servant while serving in their official capacity. This offense is considered a felony of the third (2nd) degree.
- It can carry a punishment range of 2-10 years in the Texas Department of Criminal Justice (TDCJ) and up to a $10,000 fine. Texas Penal Code (TPC) § 22.01(a)-(b).
Aggravated assault is an enhanced version of a simple Assault. In the State of Texas, Aggravated Assault can be found in the Texas Penal Code (TPC) § 22.02, which states, in part:
- A person commits an assault, and the person:
- Causes serious bodily injury to another, including the person’s spouse or
- Uses or exhibits a deadly weapon during the commission of the assault.
An aggravated assault can be charged when one is using or displaying a weapon and causes serious bodily injury. A deadly weapon can be anything that is designed, used, made, or adapted with the intent to use and is capable of causing severe bodily injury or death.
This act includes common sense objects such as guns or knives but may consist of vehicles, work tools, keys, pencils, and even a pillow. It is the method of use and capability of causing a serious bodily injury to determine if the weapon is deadly or not.
Aggravated assault is typically charged as a felony of the second (2nd) degree, carrying a punishment range of 2-20 years in the Texas Department of Criminal Justice (TDCJ).
When the victim of an aggravated assault is a member of the defendant’s household or the defendant is a repeat offender, the Aggravated Assault can be considered a felony of the first (1st) degree with a punishment range of 5-99 years in the Texas Department of Corrections and up to a $10,000 fine.
If you or a loved one have been charged with aggravated assault, contact our Houston aggravated assault lawyers today.
Deadly conduct falls under the umbrella of assaultive offenses. It can be found in the Texas Penal Code (TPC) § 22.05, which states, in part:
- A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
- A person commits an offense if he knowingly discharges a firearm at or in the direction of
Deadly conduct can be charged as a Class A misdemeanor with a punishment range of up to a year in jail or, depending on the factors of the case, a felony of the third degree with a punishment range of 2-10 years at the Texas Department of Criminal Justice (TDCJ) or a fine up to $10,000.
Start Getting Answers with Walter J. Pink & Associates, PC
Do you want answers to your legal questions about assault charges? If so, Walter J. Pink & Associates, PC, is ready to help. Schedule a free consultation with our Houston assault defense attorneys at (713) 664-6651 today!