Houston Aggravated Assault Lawyer

Distinguishing Between Simple Assault and Aggravated Assault

While both simple and aggravated assault involve harmful or threatening behavior, the key difference lies in the severity and the circumstances of the alleged acts. Simple assault typically includes minor injuries or threats without a weapon and is classified as a misdemeanor. In contrast, aggravated assault involves more serious harm or the use of a weapon, which escalates the charge to a felony offense.

Although simple assault may not be as serious of a charge as aggravated assault, both of these offenses carry serious penalties and can impact your life in many negative ways if you are convicted. If you have been charged with either one of these offenses, it should be taken seriously and you should consider seeking legal representation from an experienced Houston criminal defense lawyer.

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Texas Law on Aggravated Assault

Under Texas Penal Code Section 22.02, a person commits aggravated assault if they assault another party and either:

• Intentionally, knowingly, or recklessly causes serious bodily injury to the victim, or;
• Uses or exhibits a deadly weapon while committing the assault

A serious bodily injury is defined as an injury that puts the victim at risk of death, serious permanent disfigurement, or loss or impairment of the function of a body part or organ.

Aggravated assault is typically a second-degree felony charge, but it can be elevated to a first-degree felony under specific conditions, such as:

• Using a deadly weapon and causing serious injury to someone with whom you have a close relationship.
• Causing a traumatic brain or spine injury that results in a persistent vegetative state or irreversible paralysis.
• Committing the offense as a public servant, against a public servant, or in retaliation against a witness, informant, or crime reporter.
• Attacking a process server or security officer during their duties.
• Discharging a firearm from a vehicle towards a building or vehicle and recklessly causing serious injury.
• Participating in a mass shooting.

Why You Need an Experienced Houston Aggravated Assault Attorney

If you’ve been charged with aggravated assault in Houston, you need an experienced attorney looking out for you. With years of experience advocating for clients in the criminal justice system, Amanda Skillern understands how to build a strong defense. She will carefully review your case, challenge weaknesses in the prosecution’s evidence, and strive for the best outcome for you.

Handling an aggravated assault charge alone can lead to severe consequences. You may inadvertently incriminate yourself or accept a deal that’s not in your best interests. Amanda Skillern is thoroughly experienced with aggravated assault cases, which helps in negotiating plea deals or seeking dismissals. Without an experienced Houston aggravated assault attorney, you risk facing harsh penalties without a fair defense. Trust our office to provide the defense you need when facing aggravated assault charges in Houston.

Common Defense Strategies for Aggravated Assault Charges

If you’ve been charged with aggravated assault and the prosecution decides to go ahead with the case, an experienced Houston defense attorney will work to find ways to challenge the prosecution’s case, present mitigating factors, and negotiate better outcomes.

Challenging the Evidence

When you hire a Houston criminal defense attorney for an aggravated assault case, they will first evaluate the state’s evidence against you. This includes reviewing witness testimonies, forensic reports, and physical evidence. An experienced attorney will also identify issues with the evidence that could weaken the prosecution’s case. For example, they might find that witness statements conflict with each other or with the physical evidence. These inconsistencies can cast doubt on the prosecution’s story.

Additionally, a defense attorney may question the methods used to collect and analyze evidence. If they prove that evidence was obtained through illegal search and seizure, it may be excluded from trial. This can weaken the prosecution’s case and potentially lead to the charges being dismissed.

Self-Defense

Claiming self-defense is a common and often effective strategy in aggravated assault cases. This defense argues that your actions were necessary to protect yourself from imminent harm. To successfully argue self-defense, your attorney must show that you reasonably believed you were in danger and that your response was appropriate to the threat.

Evidence supporting a self-defense claim may include witness testimonies, surveillance footage, and any injuries you sustained while defending yourself. By presenting a strong self-defense argument, your attorney can justify the use of force and potentially secure an acquittal or reduced charges.

False Accusations

In some cases, you may face aggravated assault charges due to false accusations. These situations often arise from personal conflicts, misunderstandings, or attempts to manipulate the legal system. A criminal defense attorney can investigate the motives behind the accusations and look for evidence to prove the charges are unfounded. This might involve uncovering biases, inconsistencies in the accuser’s story, or a lack of corroborating evidence.

To build a strong defense, your attorney may also present evidence that supports your version of events, such as alibi witnesses or character testimonies. If the defense exposes the false nature of the accusations, it can cast doubt on the prosecution’s case and result in a dismissal or an acquittal.

Mistaken Identity

Mistaken identity is another potential defense in aggravated assault cases. This occurs when you are wrongly identified as the perpetrator of the crime. Factors contributing to mistaken identity may include poor lighting, stressful circumstances, or similarities in appearance between you and the actual offender.

To support a mistaken identity defense, your attorney might present evidence such as alibi witnesses, surveillance footage showing you elsewhere at the time of the crime, or expert testimony on the unreliability of eyewitness identification. By casting doubt on the accuracy of the identification, the defense can illustrate the presence of reasonable doubt about your involvement in the assault.

Insignificant Injury

If you can prove the injury from the assault was minor, it might reduce your charges. While it may not lead to an acquittal, it could help you avoid jail time.

Your defense lawyer can examine medical records and testimonies about the victim. For instance, if the victim claims a head injury but went to work the next day, it could show the injury was minor. A medical expert can also testify that the injury was not serious or was caused by other means.

Lack of Intention

Even if prosecutors prove you were at the scene and caused an injury, your criminal defense attorney might show you had no intention to harm the person. This defense can be tricky, as understanding someone’s intentions can be hard without their testimony. Your attorney will discuss your options and suggest the best strategy. You might have caused an accident and regret your actions, but you’ll need an attorney to convey this to the court.