Austin Assault Defense Attorneys
Helping Those Accused of Assault in Travis County & Central Texas
In a split second, a heated argument can escalate into an assault conviction and a criminal record. If you are facing assault charges, don’t wait. Call Smith & Vinson Law Firm immediately. We are available 24/7 to protect your rights and fight for your freedom. We take your assault charges seriously and are dedicated to safeguarding your rights.
Texas aggressively prosecutes cases involving an alleged victim, making it essential to mount a strong and proactive defense. With the State of Texas working against you, it is crucial to have a dedicated advocate on your side. At Smith & Vinson Law Firm, we are committed to defending clients accused of assault crimes in Travis County, Williamson County, and Hays County, including Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and surrounding areas.
Let us work for you. Get in touch with us today to get a powerful ally in your corner. Contact our Austin assault lawyers if you are facing charges. Call us at (512) 359-3743!
Understanding the Different Types of Texas Assault Charges
Assault is one of the most frequently filed charges in Texas, and due to its violent nature, it is taken very seriously by law enforcement and the judicial system. It is important to note that you can be found guilty of assault even if you did not physically injure or touch the victim. Texas law categorizes assault into several types, with the severity of the charge and the corresponding punishment depending on the specific circumstances. According to Texas law, “assault” is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, or knowingly threatening another with imminent bodily injury. Understanding these distinctions is crucial in mounting an effective defense.
Simple Assault
In Texas, a simple assault charge is a Class A misdemeanor which could result in the following:
- A fine not to exceed $4,000; and/or
- Confinement in jail for a term not to exceed one year.
The classification for this type of assault depends on what you are accused of. Threats alone will be considered a Class C Misdemeanor. However, this can be elevated in certain circumstances. For example, it is a Class A Misdemeanor if the threat is made to a victim who is elderly or disabled. An assault that causes bodily injury is a Class A Misdemeanor. Again, this can be elevated to a third-degree felony if the victim comes from a certain class of people (such as a public servant or volunteer firefighter). This is why you need an Austin assault attorney to review the charges you are facing.
Aggravated Assault
Assault involves intentionally, knowingly, or recklessly threatening, causing physical contact, or inflicting bodily injury on another person. In contrast, aggravated assault occurs when an offender intentionally, knowingly, recklessly, or with criminal negligence causes serious bodily injury to another person or uses a deadly weapon during the commission of the assault. Understanding these distinctions is crucial for effectively addressing and defending against such charges.
Domestic Assault
Domestic assault occurs when both the offender and the victim are members of the same family or household. Domestic assault can be characterized as either a misdemeanor or felony, depending on your criminal history.
Sexual Assault & Aggravated Sexual Assault
Both sexual assault and aggravated sexual assault are typically rape or molestation cases. Sexual assault is a second-degree felony and aggravated sexual assault is a first-degree felony.
Defenses Against Charges of Assault in Austin & Travis County
Just because you have been arrested for assault, does not mean you are guilty. Police will often make an arrest on very little evidence. Something as simple as a neighbor calling to report a loud argument could easily lead to an arrest.
If you are charged, there could be a number of defenses available, including:
- Self-Defense
- Defense of Others
- Mutual Combat
- Necessity
- Duress
- Insanity
- Mistake of Fact
- Involuntary Intoxication
- Castle Doctrine
What to Do if You’ve Been Charged with Assault
- Do not talk to the police, except to provide identifying information. Remember, the police may say anything to elicit a response, including lying to get you to say what they want. Anything you tell them can and will be used against you. If questioned, assert your right to remain silent and request an attorney. Do not sign a waiver of your rights.
- Call Smith & Vinson Law Firm. Once you have politely and firmly asserted your constitutional rights, you need to call an Austin assault defense attorney to fight for you. At Smith & Vinson Law Firm, we are on call 24/7. Call us immediately so we can begin gathering information, interviewing witnesses, and protecting your rights.
- Do not contact the victim, even if he or she is a member of your household.
- If you become subject to a restraining order, follow all restrictions.
- If you are in jail, do not talk to anyone about the case. All phone calls in and out of the facility are recorded and may be used against you. Further, anything you say to a cellmate could potentially be used against you at trial.
The Importance of Hiring a Local Austin Assault Attorney
Overall, hiring a local Austin assault defense attorney can provide you with the experience, resources, and support you need to navigate your assault case effectively and increase your chances of a favorable outcome.
Hiring a local assault attorney in Austin can be crucial for several reasons:
- Knowledge of Local Laws & Practices
A local attorney will have a deep understanding of the specific laws and legal procedures related to cases in your jurisdiction. They will be familiar with local court rules, judges, prosecutors, and how cases are typically handled.
- Relationships with Local Officials
A local attorney is likely to have established relationships with local law enforcement, prosecutors, and judges. This can be beneficial in negotiating plea deals, navigating the court system, and potentially influencing the outcome.
- Accessibility & Availability
A local attorney is more likely to be accessible and available to meet with you in person to discuss your case. They can also respond more quickly to any developments or emergencies that may arise during the legal process.
- Understanding of Local Community Dynamics
A local attorney will have a better understanding of the local community dynamics, including any cultural or social factors that may impact your case. This can be valuable in building an effective defense strategy.
- Cost & Efficiency
Hiring a local attorney can be more cost-effective and efficient, as they won't have to travel long distances to handle your case. This can result in lower legal fees and a more streamlined legal process.
Protecting Your Future with Experienced Austin Assault Lawyers
When facing assault charges, it is crucial to have skilled and knowledgeable defense attorneys by your side. At Smith & Vinson Law Firm, our team of Austin assault defense lawyers has a deep understanding of Texas assault laws and a proven track record of successfully defending clients against a wide range of assault charges.
By choosing our experienced assault defense lawyers, you can expect:
- Aggressive defense strategies tailored to your specific case
- Thorough investigation to uncover any inconsistencies or weaknesses in the prosecution's case
- Strategic negotiation skills to potentially reduce or dismiss charges
- Strong courtroom advocacy to protect your rights and fight for a favorable outcome
- Compassionate guidance and support throughout the entire legal process
Don't let assault charges jeopardize your future. Contact our Central Texas assault attorneys today for a free consultation and let us help you navigate the complex legal system and build a strong defense on your behalf.
Contact our office today for a free initial consultation with our Austin assault defense lawyers!
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 512-359-3743 today!
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Is Aggravated Assault a Felony in Texas?
In Texas, aggravated assault is a second-degree felony, punishable by between 2 and 20 years in prison and a fine of up to $10,000. Aggravated assault can also include threats of impending serious bodily harm while acting in a manner that puts someone else in fear and reasonable belief of an imminent attack. As this type of offense is considered particularly dangerous, it carries harsher penalties than a standard assault and is classified as a felony in Texas.
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What Is Considered Battery in Texas?
In the Texas Penal Code, assault and battery offenses are often combined under the term "assault," with varying degrees of severity based on factors such as the extent of harm inflicted and the presence of weapons. It's important to note that legal definitions and consequences may evolve, so it is advisable to consult an experienced Austin assault lawyer.
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What Are the Penalties for Simple Assault in Texas?
In Texas, simple assault is classified as a Class A misdemeanor, which can result in penalties including up to one year in jail and/or a fine of up to $4,000. If the assault involves threats or minor bodily injury, it could also be charged as a Class C misdemeanor, which carries a fine of up to $500.
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Can I Get My Assault Charge Expunged?
In Texas, it may be possible to have your assault charge expunged, but this depends on various factors, including the specifics of your case and the outcome of your trial. If you were acquitted or the case was dismissed, you might qualify for expungement. However, if you were convicted, your options may be limited, and it’s best to consult with an attorney for guidance on your eligibility.
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How Does Self-Defense Work in Assault Cases?
Self-defense is a valid legal argument in assault cases. It asserts that the use of force was necessary to protect oneself from imminent harm or danger. However, the force used must be reasonable and proportional to the threat faced. If you claim self-defense, you may need to demonstrate that you had a legitimate fear for your safety and that your response was justified.
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Can Assault Charges Be Dropped?
Yes, assault charges can potentially be dropped, but in the end, only the prosecutor or district attorney can drop the charges. This typically requires the cooperation of the victim or a compelling argument from a defense attorney. Factors that may influence this include lack of evidence, the victim not wishing to proceed with the case, or evidence supporting self-defense. Consulting with an experienced attorney can provide guidance on how to approach this.
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What Is Misdemeanor Battery in TX?
In Texas, the term "battery" is not explicitly used in the Texas Penal Code. Instead, the state combines "assault" and "battery" into the legal term assault under Section 22.01. When people refer to "misdemeanor battery" in Texas, they usually mean simple assault that is categorized as a misdemeanor.
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What Constitutes Misdemeanor Assault in Texas?
A person commits misdemeanor assault if they:
- Cause bodily injury to another person intentionally, knowingly, or recklessly (without serious injury).
- Threaten another person with imminent bodily injury (intentionally or knowingly).
- Engage in physical contact that the victim might find offensive or provocative (intentionally or knowingly).
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When Does Assault Become a Felony in Texas?
Assault becomes a felony when:
- The assault results in serious bodily injury.
- A deadly weapon is used.
- The victim is a public servant, family member, or in a dating relationship, especially if there is a history of family violence.
Awards & Associations
Respected by Peers, Clients and Legal Organizations
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed Aggravated Assault w/ Deadly Weapon
Our client, a veteran with no criminal history, allegedly got into an altercation at a gas station after an argument about politics that started verbal turned physical. The client drove away before the other parties called police. Police caught up to him and arrested him, not only for the alleged altercation, but on suspicion of Driving While Intoxicated.
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Case Dismissed Assault with a Deadly Weapon
Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.
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Case Dismissed Assault Family Violence
Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for. Our firm worked with his brother’s girlfriend and found inconsistencies between her statements and those made by our client, his brother, and another eyewitness. We challenged the State’s attorney on these inconsistencies and case was ultimately dismissed.
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Case Dismissed Aggravated Assault With a Deadly Weapon
Our client was charged with felony Aggravated Assault with a Deadly Weapon for allegedly pulling a boxcutter out during an altercation with another man. Our client had no prior contact with law enforcement. We thoroughly investigated the other party, and found that he had a history of violence and assault.
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Charges Reduced Intoxication Assault Causing Serious Bodily Injury
Our client was charged with 5 Felony Counts including Intoxication Assault causing Serious Bodily Injury after being involved in a vehicle/pedicab accident that injured 3 people, one with life-threatening injuries. The arresting agency obtained a blood search warrant from our client and he was facing 5 felony counts.
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Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault With Bodily Injury
Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted. Our client was charged with both misdemeanor Assault and Aggravated Assault with a Deadly Weapon.
