Navigating the complexities of a legal charge such as assault and battery can be daunting. Knowing what steps to take, understanding the implications, and making informed decisions require comprehensive knowledge of Texas law.
If you or a loved one are facing these charges, The Burkett Law Firm in Corpus Christi, Texas, is here to assist you. With a strong commitment to safeguarding your rights and an in-depth understanding of assault and battery laws, our criminal defense lawyers are dedicated to offering the expert guidance and robust defense you need during this challenging time. We take every case seriously, helping to clarify the charges, potential penalties and assisting you in devising a strategic defense.
Empower yourself with knowledge and professional support—read on to gain an insight into Texas’ assault and battery laws, and discover how The Burkett Law Firm can help you navigate this intricate legal landscape.
Assault and Battery: Definitions Under Texas Law
Before understanding the potential penalties and defenses related to an assault and battery charge, it’s essential to understand how Texas law defines these terms.
Assault and battery are often used interchangeably in casual conversation, but in Texas, the legal term is “assault.” It encompasses both threats of bodily harm (often thought of as “assault” in other states) and actual physical contact (often thought of as “battery” in other jurisdictions).
The Texas Penal Code Section 22.01 defines assault as intentionally or knowingly causing physical harm to another person, threatening someone with imminent bodily injury, or causing physical contact when the offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative.
Classifications of Assault in Texas
In Texas, assaults are classified into three categories: Class C misdemeanor, Class A misdemeanor, and felony.
Class C Misdemeanor Assault
In Texas, a Class C misdemeanor assault typically involves a minor physical altercation deemed offensive or provocative. It doesn’t lead to any physical harm or injury to the person involved. This assault primarily focuses on the intent rather than the resulting harm.
Class A Misdemeanor Assault
A Class A misdemeanor assault in Texas implies more serious conduct than a Class C misdemeanor. It entails an intentional threat of violence or actual physical contact resulting in minor injuries to the other person.
The most serious form of assault in Texas, felony assault, involves significant bodily harm, often severe enough to cause long-term damage. Other instances include domestic violence or assault against public servants or certain protected individuals.
Penalties for Assault in Texas
The penalties for assault in Texas can vary significantly, depending on the severity of the offense.
Class C Misdemeanor Penalties
Although it’s the least severe category of assault in Texas, a Class C misdemeanor can still have notable consequences. Upon conviction, individuals may face a financial penalty. The fine for a Class C misdemeanor can be up to $500. Despite its lower severity, such a charge can still impact a person’s record, which can influence future legal judgments or opportunities.
Class A Misdemeanor Penalties
A Class A misdemeanor is more serious and has more severe penalties. A person convicted can face up to one year in a county jail. In addition to potential incarceration, the person could be responsible for paying a fine of up to $4,000. These penalties may also be accompanied by probation or community service requirements.
Felony Assault Penalties
The most serious of assault charges, felony assault, carries the most severe penalties. The severity of the punishment is dependent on the degree of the felony, ranging from third-degree to first-degree. The penalties can range from 2 to 10 years in prison for a third-degree felony to 5 to 99 years for a first-degree felony. Monetary fines for any degree of felony assault can reach up to $10,000.
Building a Strong Defense
Facing an assault charge is daunting, but it’s important to remember that an accusation doesn’t equate to a conviction. There are many ways to build a robust defense to mitigate the impact of the charges or even lead to their dismissal.
Understanding Your Legal Rights
The first step in building a strong defense is understanding your legal rights. Every person is innocent until proven guilty and has the right to a fair trial. Also, remember that the prosecution must prove every element of the offense beyond a reasonable doubt.
Assessing the Circumstances
Every assault charge has a unique set of circumstances. It’s important to take a careful look at the facts and details of the case. Was there a mistake in identity? Did the incident happen in self-defense or defense of others? Was there a lack of intent to cause harm? These questions can form the basis of a strong defense strategy.
Scrutinizing the Evidence
A strong defense often relies on challenging the prosecution’s evidence. The evidence should be closely examined for inconsistencies or inaccuracies. It’s also important to check whether any evidence was unlawfully obtained or if it adheres to the standards of the Texas Rules of Evidence.
Gathering Your Evidence
In addition to questioning the prosecution’s evidence, gathering your evidence is important. This may include physical evidence, eyewitness testimonies, or character references.
Ultimately, the goal is to raise a reasonable doubt about your guilt, giving the jury or judge a reason to acquit.
Why Hire Us to Help with Your Texas Motorcycle Accident Claim
Navigating the aftermath of a motorcycle accident can be overwhelming. It’s a stressful process, from medical expenses to loss of income and the daunting task of dealing with insurance companies. Hiring The Burkett Law Firm to manage your Texas motorcycle accident claim can significantly reduce this stress, ensuring your rights are protected and you get the compensation you deserve.
With years of experience handling motorcycle accident claims in Texas, our team brings the expertise and commitment needed to build a strong case for you. We understand the state laws, procedures, and tactics used by insurance companies, which gives us the edge in negotiating or litigating your claim.
We believe that every client is unique, and so is their case. We take the time to get to know you and understand your situation and expectations. We are committed to providing personalized service tailored to your specific needs, and we strive to keep you informed and involved every step of the way.
No Upfront Costs
Our firm works on a contingency fee basis, which means you owe us nothing unless we recover compensation for your claim. This allows you to focus on your recovery without worrying about legal fees.
Advocacy and Support
A motorcycle accident can leave you physically and emotionally drained. Our team is more than just your legal representation—we are your advocates. We take on the burden of dealing with insurance companies and legal processes so that you can focus on healing.
Proven Track Record
Our firm’s record of obtaining favorable settlements and verdicts speaks for itself. We are dedicated to fighting for the maximum compensation you deserve to cover your medical bills, loss of income, property damage, and any pain and suffering you’ve experienced.
Trust us with your Texas motorcycle accident claim, and let our expertise, dedication, and passion for justice work for you.
Contact The Burkett Law Firm Today
Facing an assault charge in Texas can significantly affect your personal and professional life. But remember, an accusation is not a conviction. The Burkett Law Firm in Corpus Christi, Texas, is here to provide guidance, support, and professional legal representation during this challenging time.
You don’t have to face these allegations alone. Contact us today at (361) 223-6861 for a free and confidential consultation. Let us stand up for you, safeguarding your rights and fighting for the best possible outcome.