Have you, a friend, or a loved one been arrested and charged with an assault crime?
Assault charges are scary, but with the help of an aggressive, experienced defense attorney, you could potentially get your case dismissed in certain situations. If you are facing assault charges in Houston or surrounding counties, you should know that you are not alone. Below is a guide to help you understand the different types of drug charges in Texas and what the possible fines and penalties are for a conviction.
Types of Assault Charges & Crimes in Texas
Assault charges carry some of the heaviest fines and penalties in Texas. Being charged with Aggravated Assault is a serious matter. If you have been charged or arrested for Assault, Aggravated Assault, Assault of a Family Member, or Assault by impediment of breath (choking) you need an experienced Houston Assault Attorney.
Assault crimes in Houston can result in very serious penalties, including jail or prison time, permanent criminal record, an in a ability to own or possess a firearm, fines, a criminal record, driver’s license suspensions or the loss of driving privileges, an inability to pursue certain professional occupations, and/or a refusal to be admitted to certain college or graduate school programs.
Criminal charges for violent crimes do not mean you will necessarily be convicted of an offense. The prosecution is required to prove beyond a reasonable doubt you committed every element to your alleged violent crime offense.
This is a very difficult burden of proof to meet, and even the slightest doubt cast in the mind of the judge or jury could result in a reduction or complete dismissal of your criminal charges. Therefore, it is important to hire an experienced Houston Assault Attorney who will begin crafting your best legal strategy to possibly help you avoid a conviction to your alleged violent offense.
Houston Assault Crimes Lawyer
If you have been charged with a violent crime in Houston, or any of the surrounding areas in Texas, contact Houston Assault Attorney Korey Huff.
Houston Assault Attorney Korey Huff is knowledgeable in all areas of Houston assault crime laws and will work to have your charges reduced or even dismissed. Call the Houston Assault Attorney Korey huff for a free consultation at (713) 562-8700 about alleged violent crime.
Crimes of Violence in Houston
An individual can be charged with an assault crime offense in Houston if they commit any of the following offenses:
According to Tex. Penal Code § 22.01, an individual can be charged with assault if they:
- Intentionally, knowingly or recklessly cause bodily injury to another person;
- Intentionally or knowingly threaten to cause bodily injury to another person; or
- Knowingly or intentionally physically contact another person in a manner they know or have reason to believe the person will perceive as offensive or provocative.
A conviction for this offense can result in a Class C, B or A misdemeanor, or felony of the third degree or second degree.
As defined in Tex. Penal Code § 22.02, an individual can be charged with aggravated assault if they commit an assault offense and cause serious bodily injury to another person or commit the assault with a deadly weapon. Aggravated assault is also commonly referred to as assault with a deadly weapon. A conviction for aggravated assault is generally punishable as a felony of the second or first degree.
An individual can be charged with unlawful restraint under Tex. Penal Code § 20.02 if they intentionally or knowingly restrain another person against their will. A conviction for this offense can result in a Class A misdemeanor, state jail felony or felony of the third degree.
An individual can be charged with kidnapping under section 20.03 of the Texas Penal Code if they intentionally and knowingly abduct another person against their will. A conviction for this offense can result in a felony of the third degree.
Charges of disorderly conduct may be filed if a person is accused of disturbing the peace, including abusive language, fighting or firing a gun.
Deadly conduct involves behavior that puts another in immignent danger of death.
According to section 19.02 of the Texas Penal Code § 19.02, an individual can be charged with murder if they:
- Intentionally or knowingly cause the death of another person;
- Cause the death of another person, but only intended to cause that person serious bodily injury; or
- Cause the death of another person during the commission of a felony offense or attempt to commit a felony offense. This offense is also called felony-murder.
A conviction for this offense is punishable as a felony of the second or first degree.
As defined in section 19.04 of the Texas Penal Code, an individual can be charged with manslaughter if they recklessly cause the death of another person. A conviction for this offense is punishable as a felony of the second degree.
Definition of Mental States in Texas
For many violent crimes in Houston, an individual is required to have a certain mental state, or act in an intention, reckless or knowing manner. Mental states are generally subjective, or unique to each person, so it can be difficult for the prosecution to prove a certain mental state.
As defined in section 6.03 of the Texas Penal Code, the most common violent crime mental states are listed below.
- Intentionally – An individual acts intentionally when they commit a crime and it is in their conscious objective or desire to engage in the conduct or cause the result of the conduct.
- Knowingly – An individual acts knowingly, or with knowledge, when they commit a crime if they are aware their conduct is reasonably certain to cause the result of the conduct.
- Recklessly – An individual acts recklessly when they commit a crime if they are aware of their conduct or the result of the conduct but consciously disregards the possibility the result will occur.
Houston Violent Crime Penalties
The penalties for violent crimes in Texas can vary depending on the severity of the offense, whether a deadly weapon was used in the commission of the offense, whether death or bodily injury resulted from the offense, whether the alleged offender has any previous criminal conviction, and whether the victim was an elderly or disabled individual. The general penalties for most violent crimes are as listed below.
- An individual who has been charged with a Class C misdemeanor assault offense can face a fine up to $500.
- An individual who has been charged with a Class B misdemeanor assault can receive a jail sentence up to 180 days and/or a fine not more than $2,000.
- An individual who has been charged with a Class A misdemeanor assault or unlawful restraint can face a jail sentence up to one year and/or a fine up to $4,000.
- An individual who has been charged with state jail felony unlawful restraint offense can face a jail sentence from 180 days to two years and/or a fine not more than $10,000.
- An individual who is convicted of a felony of the third degree assault, kidnapping or unlawful restraint offense can receive a prison sentence from two to ten years and/or a fine not more than $10,000.
- An individual who has been convicted of a felony of the second degree assault, manslaughter, murder or aggravated assault offense can receive a prison sentence from two to 20 years and/or a fine not more than $10,000.
- An individual who has been convicted of a felony of the first degree aggravated assault or murder offense can receive a prison sentence from five years to 99 years or life and/or a fine up to $10,000.
Defenses to Houston Violent Crimes
In certain situations, you may have a defense to your alleged offense. However, these defenses are not applicable to every case, so it is important to first consult with your criminal defense lawyer to determine what your best legal strategy may be. According to Chapter 9 of the Texas Penal Code, the following defenses may be available to criminal defendants in Texas:
- Defense of Others – This defense may be available in a situation where the alleged offender used reasonable force to defend another person from the attack of a third party, or where they thought another person was going to be seriously harmed from a third party.
- Defense of Property – An alleged offender may be able to claim this defense if they used reasonable force against a person to prevent them from entering their home, vehicle or residence, or to prevent another person from damaging their property.
- Justification – A justification defense may apply in criminal situations where the alleged offender committed an act that would normally be a criminal offense, but did so in order to prevent public or private injury in an emergency situation.
- Lack of Mental State – An individual may not have had the required mental state, or did not act knowingly, recklessly or intentionally, when allegedly committing the violent crime.
- Self Defense – Self defense may be an applicable defense in situations where the alleged offender used necessary force to protect himself from another person’s attack or if they thought another person was going to cause them serious bodily injury or death.
Houston Assault Attorney
If you, a friend, or a loved one are facing drug charges, contact Houston Assault Attorney Korey Huff now at 713-562-8700 for a free consultation to determine your rights and legal options.
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What Client’s Say
Mr. Korey Huff is an outstanding and trustworthy attorney.. He was very passionate and professional. He always kept me informed about All communications he had with outside attorneys. He only accepted an agreement that he thought was reasonable and fair… If you want a strong and dedicated attorney to represent you, then I recommend Korey Huff. Thanks Korey for all your hard work and fighting for your client! Houston Texas
Very good attorney. Was there for 2 of my cases(same offense) and both worked out in my favor. Reasonable price, very professional, all around good to work with.
Korey Huff is such a great attorney. We made several resets for my case and he managed to get my case settled with the best outcome I could have ever imagined! He is also very reasonable and tells you exactly what you can expect through this process. I highly recommend Mr. Huff and if the need arise (which I hope not!), I wouldn’t hesitate to hire him again.
If it wasn’t for Korey Huff I would be in jail!! He helped me win my case!! He is a Very Outspoken Amazing Attorney! Great Attitude and Very Polite! His services are worth every penny! I Most Definitely recommend him to represent you!
I got arrested for POM. I decided to start calling around and found Korey. Korey was willing to help me out with my payments for him and talked me through me case at every court session. He has a very caring aspect to him and he is good at what he does. He had got my case dismissed after getting a bargain with the prosecutor. I would most definitely hire Korey again. I feel like he worked a…
Got a dwi my bac came back 3 times the legal limit . Came out with 1 year probation, no community service ! . Very satisfied with his work and his price !!