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ASSAULT CRIMES 2018-01-17T10:35:19+00:00

HOUSTON ASSAULT ATTORNEY

Are you looking for an aggressive Houston assault attorney to help defend your assault case? Criminal defense attorney Korey Huff provides experienced and skilled criminal defense against all assault charges, including assault on a family member, felony aggravated assault, misdemeanor assault, and sexual assault. We defend our clients against false charges and make sure their version of the story gets told.

Houston Assault Attorney

Assault Attorney with 13 years of experience

Are you looking for an aggressive Houston assault attorney to help defend your assault case? Criminal defense attorney Korey Huff provides experienced and skilled criminal defense against all assault charges, including assault on a family member, felony aggravated assault, misdemeanor assault, and sexual assault. We defend our clients against false charges and make sure their version of the story gets told.

-Free 24/7 Consultations-

Experienced Houston Assault Attorney

(713) 562-8700 Open 24/7 Mon-Sun

The first to call the police in an assault case rarely goes to jail. So the accused usually doesn’t get the chance to tell his version of the story before being cuffed, arrested, and imprisoned. This leaves the police officer with only one version of the story for his police report. We work shoulder to shoulder with each client to ensure his or her version of the story is told. Discuss your assault charge with an experienced Houston assault lawyer for free. Call 713-562-8700 for a free 24/7 evaluation.

Domestic Violence Lawyer (Assault-Family Member)

Assault on family member cases or domestic violence cases are some of the most common criminal charges in Houston and Fort Bend. Assault on family member cases are prosecuted by a special unit called the Family Criminal Law Division (FCLD). FCLD prosecutes Assault-Family Member cases very aggressively in Houston even if the complaining witness wants the charges dropped. All persons accused, arrested, or charged with domestic violence in Houston should speak with an experienced assault-family member lawyer before they’re first court date. There could be strategies only available in the beginning of the case that could get it dismissed!

What is Assault-Family Member

“Family Violence” is defined broadly in section 71.004 of the Texas Family Code. It states a family-assault can be committed against someone in the same household, whether or not a dating relationship exists.  

If you or a loved one is facing an assault-family member or domestic violence charge, consult an experienced Houston criminal defense lawyer at (713) 562-8700 and learn how to successfully fight a domestic violence charge. Attorney Huff is available 24/7 to answer your questions. Click Here for a Free Quote.

-Free 24/7 Case Evaluations-

HOUSTON DOMESTIC VIOLENCE ATTORNEY

(713) 562-8700 M-S, 24/7

(713) 562-8700 after hours/weekend

When it comes to assault cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. At The Huff Law Firm, our criminal defense attorneys fight hard to accomplish the greatest possible outcome in each assault case. Don’t gamble with your future. Consult an experienced Houston assault attorney today for a free consultation at (713) 562-8700.

-Free 24/7 Consultations-

Experienced Houston Assault Attorney

(713) 562-8700 Open 24/7 Mon-Sun

MISDEMEANOR ASSAULT DEFINITION

Under Texas Penal Code §22.01, a person commits the offense of Assault if the person:

              (1) intentionally, knowingly or recklessly causes bodily injury to another;

              (2) intentionally or knowingly threatens another with imminent bodily injury; or

              (3) 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 provocative.

The definition of Assault under paragraph (1) is classified as a Class A misdemeanor, punishable by up to a year in jail and/or a $4,000 fine. An assault under paragraphs (2) and (3) is considered a Class C Misdemeanor, punishable by a fine only, not to exceed $500.

The problem with most assault cases is that the police usually don’t see the case from the beginning. They arrive after the incident occurred. So, the police officer doesn’t know the whole story, and too often the wrong person is arrested. As a result, only one side of the story is told. As an experienced Houston assault attorney, Korey A. Huff will make sure that the complainant’s story doesn’t drown your voice out.

What is Aggravated Assault?

Aggravated Assault with serious bodily injury is a second degree felony, punishable by up to 20 years in prison and a $10,000.00 fine. “Serious bodily injury” is defined as an injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

If you or someone you know has been charged with aggravated assault with or without serious bodily injury, dial-up our free consultation services and contact a knowledgeable Houston aggravated assault attorney at (713) 562-8700. An skilled Houston criminal defense lawyer at The Huff Law Firm is available 24/7 to answer your questions.

What is Aggravated Assault with a Deadly Weapon?

Aggravated Assault with a deadly weapon is also a second-degree felony. A person commits aggravated assault with a deadly weapon if that person uses or exhibits a deadly weapon during the commission of an assault. Almost any object can qualify as a deadly weapon based on how it is used.

Call a Houston aggravated assault attorney at (713) 562-8700 to find out how to fight your aggravated assault with a deadly weapon case. A knowledgeable Houston criminal defense attorney at The Huff Law Firm is available 24/7 to answer all of your questions.

Defenses to Assault Charge

Section 9.31 of the Texas Penal Code establishes Self Defense as a defense to an assault charge or aggravated assault charge. You may only use “reasonable force” when immediately necessary to defend yourself. You need more than mere words to invoke the right to self-defense. Nonetheless, when combined with a person’s actions, threatening words may warrant the use of self-defense. Below is a list of Defenses to Assault Charges:

  • 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.

Consent is also a defense against assault charges, but may not be available for a felony assault with a deadly weapon charge. The term “mutual combat” means both actors engaged each other (in a fight) and consented to the assault. A thorough investigation is often required to successfully defend assault charges. Contact an experienced Houston assault attorney within The Huff Law Firm’s Criminal Attorneys for a free consultation.

Frequently Asked Questions About An Assault Case:

Will the District Attorney drop the charges simply because the victim asks them to?

It’s not that easy. Once the charges have been filed, the district attorney will likely continue to prosecute you if they can prove their case without the victim’s participation. So, the district attorney will want to review 911 recordings, officer body cams, scene photos, medical records, etc.. to obtain facts about the alleged assault to determine whether those facts are sufficient to prove that an assault occurred before they dismiss your case.

How do you remove an assault charge from your record?

You are eligible to have your case completely expunged off your record only if the case was dismissed or a jury found you not guilty. In many circumstances, you may petition the court for a non-disclosure, or “sealing”, of the assault charge if you completed a deferred adjudication probation (DADJ). However, Assault-family member charges are not eligible for a non-disclosure, even after a deferred adjudication. Hire an experienced assault attorney to give yourself the best chance of having any assault charge removed from your record.

How do witnesses help prove my innocence in an assault case?

Many times in an assault case, the police fail to interview all the witnesses that saw what happened. It is important to know who are your favorable and unfavorable witnesses and what things affect their credibility? The district attorney will usually give more weight to the statements of a witness that doesn’t know you over one who does (a friend). These witnesses can clarify the original police report and aid in getting your case dismissed or a Not Guilty verdict at trial. Have your lawyer, preferably a knowledgeable Houston assault lawyer, interview these witnesses and obtain their statements.

How to Get Assault Case Dismissed

Example 1: Assault Family Member Case:

You were both drinking at the club.  You got into a heated argument over a suspect phone call from another woman, and she shoved you.  It didn’t hurt.  You shoved her back. It didn’t physically hurt her. Nevertheless, she still calls the police because she’s drunk and mad.  The police arrived, and took her report.  She exaggerated about the “shoving,” and even lied.  The police ignored your side of the story and arrested you for Assault Family Violence. You need a Houston Assault Attorney.

I am a Houston Criminal Defense Lawyer, and I have heard this sequence of events from clients numerous times.  Here is a guide for what to do if this happens to you.

Call Assault Family Violence Lawyer, Korey A. Huff anytime at (713) 562-8700.

Step 1–Preserve the evidence proving you did not commit Assault Family Violence

Provide your own Record – If the police ignored your side of the story and didn’t write in their report what really happened, be proactive and make a record of it yourself.

Witness Statements – This is obvious, get statements from people that witnessed what happened. Audio/video recordings & sworn written statements are examples of witness statements.

Was the alleged victim drinking? – Intoxicated people tend to be less credible. Intoxication is a sign to the jury that the victim was not telling the truth or thinking clearly.

Pictures – Pictures that occurred before and after the alleged event can be extremely useful. Pictures can show that an injury did not occur, the alleged victim was the aggressor, or you were the one who was injured.

Text Messages – Text messages are one of the most useful pieces of evidence that I have seen as a criminal defense attorney. Text messages provide a permanent record of a person’s thoughts and feelings during a particular time and thus are powerful evidence to juries.

Social Media – Social media is another powerful piece of evidence. Often after an incident the alleged victim will make posts on social media talking about the incident. I have had cases dismissed after I showed a prosecutor these posts.

Step 2–Hire a Houston Assault Attorney

Having a HOME BASED lawyer will help you in the following ways:

  1. The lawyer will know the particular preferences of the Judge and how the Judge runs jury trials and pretrials;
  2. He will understand the reputation of the prosecutors he is negotiating with and will be able to avoid unreasonable assistant District Attorneys;
  3. Attorney’s charge less money when their office is closer to the court house.

By the way, Do NOT go with an appointed lawyer, especially if the case is a misdemeanor.  Misdemeanor lawyers are paid horribly low amounts of money in Harris County.  The appointed lawyer simply cannot afford to do as good a job for you as would be necessary in the event of trial.   Until Harris County fixes the fees they pay appointed lawyers, you really need to hire someone.

Step 3– Pay to Bond Out, and Maintain All Conditions of Your Bond

It is absolutely necessary that you pay your bond and await your case settings outside of the jail, so that you and your lawyer can have the proper time to prepare the case.  When you bond out, you will have to maintain several conditions in order to keep your bond.  These are indicated to you orally and often in writing.  Do not fail to call your bondsmen or to pay your bond.    You will have a warrant for your arrest if your bondsmen revokes your bond. Historically, once a client gets a warrant for his arrest during a pending case, he/she is much less likely to get his/her case dismissed.   So again, stringently follow the conditions of your bond if your end goal is to get your domestic violence charge dismissed.

Do You Need a Houston Assault Lawyer in Houston or surrounding counties? Call me (713) 562-8700.

Step 4–Dress in Business Formal Attire

This may come as a surprising step in how to get your assault case dropped; You need to dress in a suit, with a tie for every single court setting.  Ladies, you need to dress in a conservative suit as well.  Cover tattoos with clothing or tattoo cover cream.  Remove facial piercings.  I have gotten more dismissals for clients who dress well than for those who don’t.  The prosecutors sometimes look directly at my clients, when I am negotiating the case during pretrial conferences.  The prosecutors are people.  They want to win their trials, just like defense attorneys do.  They know that defendants who dress like executives are less likely to be perceived by a jury as criminals.

Step 5–How to Get Assault Family Charge Dismissed: Have a Long In Person Meeting With Your Attorney

This may seem obvious, but you need to sit down and extensively talk to your attorney about this case.  This is the conversation that needs to happen after you’ve hired your lawyer, and after you’ve gone to at least one court setting.  You must wait until this point, so that your attorney can look at the police report and evidence that is going to be presented against you if you bring the case to trial.  During this conversation, your lawyer will come up with the strategy that best suits your particular factual scenario.  Questions that should be considered during this meeting are:

  • What motivations did the alleged victim have for lying about the case (such as looming divorce);
  • Who are the favorable and unfavorable witnesses?  What things affect their credibility?
  • Determine which unexplored evidence is there to discuss?

Your lawyer will go through the actual event, where you were accused of assault second by second just as meticulously as a jury would.  This assessment is the meat and potatoes of your criminal defense.  Your lawyer will use these details to help you get the case dismissed.

Step 6–If the Alleged Victim is Willing to, Have Him/Her Sign an Affidavit of Non-Prosecution

Many defendants who lie to the police, later feel remorse and wish that they could simply call the police and have the charges dropped.  Unfortunately, once the report is made, there is no way to stop the case from rolling through the Harris County prosecutor’s system.  It is possible that the intake department will decide not to pursue the case, but that is left to the discretion of the City, and is not in the hands of the reporting victim.  This is the biggest misunderstanding I see in assault family violence cases–that the victim can get the case dropped whenever she desires it to be.  However, a skilled defense attorney can work to ensure the state follows the law in these circumstances which may ultimately result in the case being dismissed if the facts support it.

Step 7–Have Your Lawyer Request a Dismissal on the Assault Charge 

You will have a court setting about every 30 days in Harris County when you are facing an assault family violence charge.  Once the above 6 steps have taken place, your lawyer is ready to make his/her request for the prosecutor to dismiss the charge.  The lawyer with have all of the helpful evidence you have provided, and a vast amount of knowledge on the case itself including important weaknesses and strengths.  The lawyer should approach the prosecutor and tell the prosecutor a good reason why the case should be dismissed.  It is important that the lawyer is very polite to the prosecutor, and has some form of documentation to support the reason why the State should drop the charge.  In some cases the prosecutor may offer certain deals that result in dismissals like Anger Management Class and Dismiss, Battery intervention & Prevention Class and Dismiss, Pretrial Intervention and Dismiss, etc.. Your attorney will explain and relay all offers to you for your ultimate consideration.

Step 8–Have Your Lawyer File Relevant Motions & Subpoenas On Your Behalf

It is important for your lawyer to timely file motions and subpoenas.  These documents will aid your lawyer in preserving your rights in multiple ways.  For instance, the lawyer can make a Motion for Discovery of Exculpatory Evidence, which would require the prosecutor to turn over and favorable evidence it has for you on your case.  The lawyer should also file subpoenas so that all of the witnesses that are necessary will be timely notified of the trial setting.  When prosecutors see that subpoenas and motions are filed, they also see that you are (at least somewhat) prepared for trial.

Step 9–Set the Case For Trial and Prepare for Trial

If the above 8 steps have not worked to get a dismissal, it may be in your best interest to have your lawyer prepare for a jury trial.  The preparation for jury trial is an entire topic in its own right.  Your lawyer will prepare you for direct examination if you are going to testify.  The best thing you can do to get your case dismissed at this point, is to heed your lawyers advice as well as possible. The lawyer will do the rest of the work.

Step 10– Appear for the First Trial and Present One Good (New) Reason Why the State Should Dismiss the Assault Charge

Finally, you are at your trial setting.  Everyone is ready to go to trial.  At this point, your defense attorney should politely remind the State of the reason it presented during pretrial for why the State should dismiss the charge.  The lawyer should consider presenting one additional reason to State before the trial begins in the morning.  The reason for the timing is this;  The State is in the midst of deciding on which of 40-50 trial cases it desires to have a trial for that morning.  If the State can tell that you are ready, and you have presented two strong reasons to dismiss your case, the State may simply choose to dismiss the case.  You may have to announce ready for trial before the State will dismiss the charge.

If the State still refuses to dismiss the assault family violence charge, the case must be brought to trial, and leave the verdict in the hands of the jury. I represent defendants who have been wrongfully charged with Assault Family Violence. To see some of my results click on my results page at the top.  My Office number is (713) 562-8700.  Please print and send this guide to anyone who needs it.

Read About Some of Our Assault Family Violence Case Victories in the Results Page.

CONTACT AN EXPERIENCED HOUSTON ASSAULT ATTORNEY

If you or someone you know is facing a misdemeanor assault charge, felony assault charge, assault-family member charge, aggravated assault with serious bodily injury, aggravated assault with a deadly weapon or any other misdemeanor or felony assault charge, call experienced Houston assault attorney Korey A. Huff for a free evaluation. Call 713-562-8700. An experienced Houston criminal defense lawyer is available 24/7 to answer your questions.

CLICK HERE FOR A FREE QUOTE

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EXPERIENCED HOUSTON ASSAULT LAWYER

(713) 562-8700 M-S, 24/7

Types of Assault Cases We Handle

Aggravated Assault

Punishment range varies up to 20 years in prison based on level/type of bodily injury.

Charged With Aggravated Assault in Houston or surrounding counties?

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Assault of Family Member

Punishment range varies up to 20 years in prison based on level/type of bodily injury.

Charged With Assault of Family Member in Houston or surrounding counties?

CLICK HERE

The Huff Laws Firm’s Other Services

Cases We Handle

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DWI

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ASSAULT

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ALL THEFT

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DRUG CRIMES

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SEX CRIMES

(Sexual Assault, Prostitution, Sex w/Minor, etc…)

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PRETRIAL DIVERSION

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PROBATION

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What Client’s Say

Mr. Korey Huff is an outstanding and trustworthy attorney. He was very passionate and professional, always kept me informed about All communications he had with outside attorneys, and 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

Satisfied Client, THE HUFF LAWFIRM

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.

Emmanuel Leonard , THE HUFF LAWFIRM

Korey Huff is such a great attorney. 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.

Joy, THE HUFF LAWFIRM

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!

Dre, THE HUFF LAWFIRM

I was 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  got my case dismissed. I would most definitely hire Korey again.

David, THE HUFF LAWFIRM

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 !!

Mario, THE HUFF LAWFIRM