If you are facing an aggravated assault charge, a Dallas aggravated assault lawyer can help you with your case. They can give you legal advice, build a defense, and fight for your rights. Call the Law Offices of Randall B. Isenberg and tell us about your situation in a free case evaluation.
Texas takes a firm stance against assaultive behavior, and a person can be severely punished if they are convicted of aggravated assault. You might go to jail or prison for a long time if convicted of aggravated assault, as this offense is typically charged as either a first-degree or second-degree felony.
Felony convictions may force you to lose many of your rights, such as the right to bear arms and vote. You may be placed on probation, be ordered to pay fines or restitution to the victim, or be ordered to complete community service hours. You may also deal with other non-legal penalties.
Aggravated Assault Charges in Texas Are Serious?
According to Texas Penal Code § 22.02, aggravated assault means that someone attacked another person and caused serious bodily injury or used or exhibited a deadly weapon during the assault. This crime is elevated from a simple assault, which is a misdemeanor in most cases.
Serious bodily injury does not refer to small bruises, scars, or scratches. Instead, it refers to a person intentionally, knowingly, or recklessly causing injuries substantial enough to pose a risk of death, severe degree of disfigurement, or permanent loss or impairment of a body part or organ.
A deadly weapon refers to any object that is designed to or can be used to inflict serious injury to someone. These weapons may include firearms, baseball bats, vehicles, scissors, knives, glass bottles, hammers, etc.
Even if you did not inflict serious bodily harm but exhibited a deadly weapon while assaulting another person, it could still be considered an aggravated assault. That said, simply possessing a deadly weapon in an assault does not automatically mean the weapon was used or exhibited during the incident.
When Is Aggravated Assault a First-Degree Felony?
Aggravated assault is typically charged as a second-degree felony. However, it can be charged as a first-degree felony in some cases. For instance, a person may be charged with a first-degree felony if they:
- Assault a family member, household member, or current or former dating partner
- Assault a police officer, process server, security officer, or another public servant
- Are a public servant who committed an assault under the scope of their office or employment
- Are retaliating against a witness or informant
- Commit a drive-by shooting
Felony offenses come with serious legal consequences, so you must take these charges seriously. Even a light sentence could mean expensive fines, a prison term, and loss of the right to vote or own a firearm. Consult with an aggravated assault attorney to fully understand and comprehend the charges against you and what’s at stake.
Legal Consequences of an Aggravated Assault Conviction
An aggravated assault conviction in Dallas might lead you to face penalties for a first-degree or second-degree felony. These penalties can be severe.
According to the Office of the Attorney General of Texas, a first-degree felony may result in:
- Imprisonment for 5 to 99 years
- A fine of up to $10,000
- Probation supervision, community service, and restitution to the victim if the defendant is a juvenile
A second-degree felony may result in:
- Imprisonment between 2 and 20 years
- A fine up to $10,000
- Probation supervision, community service, and restitution to the victim if the defendant is a juvenile
Non-Legal Penalties of a Conviction
The legal consequences of a conviction can be intimidating, but they are not the only things you have to worry about if convicted of aggravated assault in Dallas. Even after your time is served, you might face lifelong issues. Difficulty securing employment is a problem many felons face, and you may find yourself struggling to find a good job and support yourself. If you cannot find a good job, you might also have trouble maintaining financial stability.
People convicted of violent offenses might have trouble securing housing because many housing complexes perform background checks on residents. You may also be ineligible for certain government programs. People with felony convictions may also have emotional struggles, dealing with embarrassment, low self-esteem, and relationship issues.
A Dallas aggravated assault lawyer at our firm can help you defend against an aggravated assault charge. We believe all people deserve a fair defense, no matter the circumstances. We can look at the circumstances of your case and devise a defense strategy for you. Defenses might be available that you do not know about because you might not fully understand the laws and your rights.
We Can Defend You Against a Violent Offense Charge
Many people just want to put their criminal case behind them. Some people may be tempted to sign a plea agreement to settle the case, letting them do their time and put the stress behind them. However, signing a plea agreement without a aggravated assault lawyer’s advice might involve accepting a deal that is unfair to you.
A plea agreement might seem like the best option you have, but other legal factors might help you defend yourself. For example, suppose a police officer forgot to recite your Miranda rights upon arresting you for aggravated assault or obtained certain evidence illegally. In that case, you might be able to use those arguments to diminish or even eliminate your charges.
This is your life, and we encourage you to fight for it. You may have defense options in all situations. A Dallas aggravated assault lawyer can help you build a defense for your case.
Here are a few examples of defenses that you may be able to use:
Defense of Self or Others
If appropriate, you may be able to argue that you were acting in self-defense. If you were only using violence to protect yourself or someone else, we may argue that you were not committing a criminal act. Your aggravated assault attorney in Dallas may be able to gather evidence to prove that your actions were in self-defense or defense of someone else, such as a family member or child.
Dallas Aggravated Assault Lawyer Near Me (214) 696-9253
Your Rights Were Violated
Some people charged with crimes get their charges dismissed because their rights were violated during their arrest or the court process. While this defense does not mean you are blameless, the court may reject your case if your rights were violated.
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In some cases, a person might get arrested and charged with a crime, even if they were not involved. Sometimes, someone might get confused with someone else or be accused of committing a crime someone else committed.
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Defense of Property
Texas Penal Code § 9.41 states that you are justified in using force against an individual to protect or recover your land or tangible movable property, such as a vehicle, as long as you believe that force was critical to protecting your property. For example, if the plaintiff was trespassing on your property at the time of the assault, we may be able to use this defense in your case.
Get Legal Help from an Aggravated Assault Attorney at the Law Offices of Randall B. Isenberg
Depending on the facts and circumstances of your case, we may use a combination of different defense strategies on your aggravated assault case. Learn more about available defenses against aggravated assault charges by calling the Law Offices of Randall B. Isenberg for a free case evaluation. If the assault was less violent and less material damage was done, you may need the support of an experienced Dallas assault lawyer.
Know that speaking to an attorney DOES NOT equate to an admission of guilt. It is an effective and powerful way to protect your rights as you navigate the criminal justice system throughout your investigation and trial. Having an attorney by your side ensures that you may achieve the best possible outcome depending on your circumstances.
Getting charged with aggravated assault in Dallas, Texas, does not have to lead to a conviction. Your future is worth fighting for, but you do not have to fight alone. An aggravated assault lawyer can help you understand your rights in Dallas, Tx. Our legal team can give you legal advice and work to improve your situation as much as possible. We may be able to fight against your charges and work hard to keep you out of jail.
We Have a Track Record of Success
At the Law Offices of Randall B. Isenberg, we have many previous satisfied clients who speak highly of the legal services we provided for them. Read a few of our client testimonials here:
- “Thank you for all your hard work! Best law firm in DFW! Highly recommend!”
– Renee B
- “There’s a reason Randall Isenberg was listed among the ‘Best Lawyers in Dallas’ by D Magazine. He truly is at the top in his field. Having true representation by a former state district judge, with all his experience, was worth every penny I spent on my defense. I’ve seen friends sold down river by court appointed attorneys, and I thank God that I didn’t have to take that path.” – Arnold
- “I was in jail for 6 months and I was facing 20 years in prison on three felony charges. I had lost hope and faced years in prison. However, Mr. Isenberg and his team got two of my charges dismissed and on the 3rd one I was placed on probation on deferred probation. I am so thankful for Mr. Isenberg and his team. If anyone is facing years in prison, look no further and call the Law Office Of Randall Isenberg, the best of best! You will not regret it. I am a free man. Thanks to this awesome law firm.” – Victor
Contact our Dallas Aggravated Assault Lawyer for a Free Consultation
A Dallas aggravated assault lawyer at our firm can lead your aggravated assault case and guide you through the criminal justice system. After reviewing your case, we can prepare strongest possible assault defense and challenge the evidence provided by the prosecution. If dismissal or acquittal is not possible, we can negotiate to get the sentence reduced.
The Law Offices of Randall B. Isenberg is ready to help defend against any conviction you might be facing in Texas. Call us today to speak with a member of our legal team during a free consultation.
Call or text (214) 696-9253 or complete a Free Case Evaluation form