Texas Criminal Defense Attorneys
Assault · Assault Domestic Violence · Aggravated Assault
Handling ASSAULT and DOMESTIC VIOLENCE cases since 1989
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When you are facing an assault or domestic violence charge you need a criminal defense attorney who focuses on assault and domestic violence cases. Our lawyers have years of experience defending and winning assault cases.
We have former Assistant County Attorneys, Assistant District Attorneys, and Board Certified Attorneys that can handle your assault case. Don’t take a chance with your future and have an assault or domestic violence conviction on your record. Call the criminal defense attorneys at Dunham & Jones and discuss your case and find out your options. The confidential consultation is free.
As you know, we live in the internet world and the last thing you need is to have a crime of violence on your record. A conviction for assault or domestic violence could mean the loss of your job or future jobs. When you were arrested, your fingerprints were taken and you now have an arrest record for assault or family violence. It is just a matter of time before all of this information is made public. Our job, and goal, as your criminal defense attorney is to fight your case to a dismissal, to protect your job, and your future. Did you know if your assault case is dismissed, then we can have the judge order your fingerprints and your arrest record to be torn up? Time is extremely important, so do not hesitate. Call Dunham & Jones NOW to see how our experienced legal team can win your assault case.
What is an Assault?
Assault involves violence or a threat of violence, because of the nature of the charge, an assault charge is taken very seriously. An assault charge can be filed as a misdemeanor or a felony if a weapon, serious bodily injury, or strangulation is involved.
A police officer can arrest an individual immediately and charge them with assault if they witness them striking or trying to cause bodily harm to another person.
If the accusation of assault is not witnessed by the police, the accuser will generally be required to file a police report before charges can be filed for assault.
However if the allegations are for family violence, the accused can be arrested and charged without the police officer witnessing the assault or threats.
An assault doesn’t have to be from physical harm. Just simply threatening violence and invoking fear in the victim is enough for police officer to arrest someone for assault, even if no violence was involved. There are three levels of assault, simple assault, assault with injury, and aggravated assault.
What is Simple Assault?
Simple Assault is when the victim does not sustain an injury, but is either threatened with harm of offended by the physical contact. Simple Assault which is a Class C Misdemeanor. A conviction for Simple Assault is punishable by a fine of up to $500.
If the prosecutors have cause to enhance the Assault charge, this could increase the severity of the assault charges to a Third Degree Felony making the assault charge punishable by up to $10,000 and up to 10 years in prison. Some of the reasons that could cause the Assault charge to be enhanced or elevated in severity is if the victim is a senior citizen or a referee. If the victim is a Public Servant such as a fire fighter, police officer, EMTs, paramedic or state trooper and the act of violence qualifies as domestic or family violence the charges can be elevated in severity or enhanced.
What is Aggravated Assault?
Aggravated Assault occurs when someone causes serious bodily injury or commits assault while threatening to use a deadly weapon, like a knife or a firearm.
A conviction for Aggravated Assault can be punishable by confinement of 2-20 years, or in some cases, life in prison.
Assault – Misdemeanor
Assault with bodily injury is a class A misdemeanor. It carries a penalty of up to one year in jail and up to a $4,000 fine.
Assault – Domestic Violence – Misdemeanor
The first charge of assault with domestic violence is also class A misdemeanor. It carries a penalty of up to one year in jail and up to a $4,000 fine, but it also carries additional baggage. A family violence finding means you:
- Can never own a firearm or even ammunition. It is a Federal crime to do so.
- A second family violence charge, in your whole life, is a felony punishable by up to 10 years in prison.
- If placed on probation, cannot seal your record.
Assault – Domestic Violence – Felony
An assault involving domestic violence can be enhanced to a felony in certain cases. If you have been arrested for a domestic violence case in the last 12 months or there is an allegation that you choked or strangled the accuser during the course of the assault, the State may decide to enhance your charge to a third degree.
Award Winning Criminal Defense Attorneys
Dunham & Jones was voted Best Law Firm by the Daily Texan, and has been recognized as leading attorneys by both Time and Newsweek magazines. In addition, we have been ranked as of the nation’s Top 100 Trial Lawyers and 10 Best in Client Satisfaction. These awards reflect our dedication to criminal defense.
Award Winning Criminal Defense Attorneys
Assault · Domestic Violence
Just because you’ve been charged with an assault or domestic violence crime doesn’t mean you’re guilty. Call the criminal attorneys at Dunham & Jones today for help.