CALL TODAY:

Free Consultation

Assault

an image of a man arrested with handcuffed

San Antonio Assault Lawyers

Expert Legal Representation for Assault Charges

Assault can arise from several scenarios. In some cases, a person may be provoked and then respond after continuing abuse. Other cases may have begun as a verbal fight and escalated to violent threats. No matter the circumstances, an assault charge is a serious crime.

Texas law is not kind to those convicted of assault. An assault charge is a severe offense accompanied by heavy penalties. Those convicted of assault may be required to pay steep fines, serve a lengthy prison term, and have their criminal record tarnished.

If you or someone you know has been charged with assault, it is essential to obtain trusted legal representation. At Flanary Law Firm, PLLC, we are passionate about criminal defense. Our team is determined to uncover all legal measures and options for our clients. Our job is to obtain the best possible result for your case; we may achieve this through extensive resources and our decades of experience in Texas criminal courts.

Arrange for a free initial consultation with a San Antonio assault attorney today. Contact Flanary Law Firm, PLLC at (210) 738-8383 or via our online submission form.

Elements of Assault in Texas

An alleged offender can be convicted of assault without serious injury to the victim. A threat of imminent violence or injury is enough to have criminal charges filed.

Under Texas Penal Code § 22.01, an alleged offender commits the offense of assault if they do any of the following:

Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the act as offensive or provocative.

The term “bodily injury” may seem vague. Texas Penal Code § 1.07 (8) defines bodily injury as any physical pain, illness, or impairment of physical condition.

What Are the Penalties for Assault Charges in San Antonio?

The penalties for assault charges depend on the victim of the crime. If you are convicted of assault without any aggravating factors, you will face a Class A misdemeanor punishable by up to 12 months in jail and a fine of up to $4,000.

An assault charge can be elevated based on specific details of the crime.

The crime is a Class B misdemeanor if you are not a sports participant and commit assault against a person whom you know to be a sports participant while:

The sports participant is performing duties or responsibilities in the participant’s capacity or
In retaliation for or on account of the participant’s performance within the participant’s capacity.

A Class B misdemeanor is punishable by up to 180 days in jail and a possible $2,000 fine.

The crime of assault becomes a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000 if you commit assault against any of the following people:

A family member, household member, or person with whom you had a dating relationship and either:

You were previously convicted of a domestic violence offense or
You intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the alleged victim. This is done by applying pressure to the person’s throat or neck or blocking the person’s nose or mouth.
You assaulted a public servant lawfully discharging an official duty, or the alleged assault was in retaliation. This includes if the alleged assault was due to an exercise of official power or performance of an official duty as a public servant.
You assaulted a government contractor performing a service within the scope of the contract. This includes if the alleged assault was in retaliation for or on account of a government contractor performing a service within the scope of the contract.
You assaulted an emergency service personnel while they were providing emergency services.
You assaulted a security officer performing their duties

Texas law states that a person may have their assault charges enhanced to a second-degree felony for the following:

Committing the offense of assault against a family or household member; and
Ypi was previously convicted of either indecency with a child, kidnapping, or aggravated kidnapping, and
The alleged assault is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood. This is done by applying pressure to the person’s throat or neck or blocking the person’s mouth.

A second-degree felony can result in up to 20 years in prison and a possible $10,000 fine.

Common Mistakes People Make When Charged with Assault

Facing assault charges can be an overwhelming experience, often leading individuals to make critical mistakes that could jeopardize their defense. Understanding these common errors can be crucial to building a robust legal strategy and avoiding pitfalls. Here are some of the most frequent mistakes people make when charged with assault:

Talking to the Police Without Legal Representation: Many people believe that they can explain their way out of an assault charge. However, anything you say can be used against you in court. Always consult with a lawyer before making any statements.
Ignoring Court Dates: Failing to appear for scheduled court dates can lead to additional charges and worsen your legal situation. It is crucial to keep track of and attend all court appointments.
Posting About the Incident on Social Media: Sharing details about your case on social media can provide prosecutors with additional evidence. It’s best to avoid discussing your case publicly.
Violating Bail Conditions: Bail often comes with strict conditions. Violating these conditions can result in additional penalties and may even lead to your bail being revoked.
Failing to Retain Experienced Legal Representation: The legal system is complex, and attempting to navigate it without professional help can result in unfavorable outcomes. Hiring an experienced assault lawyer is essential to ensure that your rights are protected.
Contacting the Victim: Directly contacting the victim can be seen as witness tampering or harassment, leading to more severe charges. Always communicate through your attorney.
Underestimating the Severity of the Charges: An assault charge can have long-lasting effects on your life. It’s important to take the charges seriously and prepare your defense accordingly.

A skilled San Antonio assault lawyer can play a crucial role in preventing you from making these common mistakes. With their deep understanding of Texas assault laws and experience in the legal system, they can guide you through every step of the process. They will advise you on how to handle police interactions, ensure that you meet all court requirements, and manage your communications about the case. Furthermore, having a lawyer ensures that your defense is strategically planned and executed, potentially minimizing the charges or penalties you face. By leveraging their expertise, a San Antonio assault attorney will work diligently to safeguard your rights and achieve the best possible outcome for your case.

Learn more about how our San Antonio assault attorneys can help you by contacting us online or calling (210) 738-8383 today!

Civil vs. Criminal Assault Charges

Assault charges can be classified as either civil or criminal, each with distinct proceedings and consequences.

Civil Assault

In civil court, the victim of an assault can file a lawsuit seeking financial compensation for damages, including medical expenses, lost wages, and pain and suffering. The standard of proof in civil cases is a “preponderance of the evidence,” meaning that it’s more likely than not that the assault occurred.

Criminal Assault

In criminal court, the state prosecutes the accused to impose penalties such as fines, probation, or imprisonment. The burden of proof is much higher, requiring evidence “beyond a reasonable doubt.” Criminal convictions can lead to severe consequences, including mental health treatment mandates and restraining orders.

Determining Liability in Assault Cases

Determining liability in assault cases involves assessing the intent and actions of the accused.

Key factors include:

Intent: Whether the accused acted intentionally, knowingly, or recklessly.
Injury and harm: The nature and extent of the injuries sustained by the victim.
Circumstances: Contextual elements such as self-defense, provocation, or mutual conflict.

Legal representation can play a pivotal role in defending the accused, making it essential to consult a knowledgeable attorney.

Differences Between Assault and Battery

In many jurisdictions, assault and battery are distinct offenses, but Texas law primarily uses “assault” to encompass both.

Assault generally refers to the threat or attempt to inflict harm.
Battery involves actual physical contact or harm resulting from the assault.

Understanding the nuances between these terms can be crucial for legal representation and defense strategies in court.

Speak with a San Antonio assault attorney about the details of your case in a free initial consultation. Contact us at (210) 738-8383.

Get Started

Call (210) 738-8383 for fill out the form below and request a free consultation.

Hear From
Our Clients

I was looking for a criminal defense attorney on the internet and am so happy I found Attorney Flanary. He reviewed our case for unlawful weapon carry for my son. He said that the weapon that was holstered was not in plain view and there shouldn’t have been an arrest. At the arraignment the case was dismissed. My 19 year old son did not even have to stand before the judge for the arraignment. I was completely pleased with the outcome. Thank you Don Flanary for taking care of our son.

Gerrie P.

Reviewed
on Google