Fort Worth Aggravated Assault Lawyer
Have you, a friend or a loved one been accused of aggravated assault?
Under Texas law, you have committed an aggravated assault if you have committed an assault and, in the process, caused serious bodily injury to another person (including serious bodily injury caused in domestic violence cases where the abuse is directed at the spouse of the accused). A determining factor as to whether you are charged with aggravated assault will be whether a serious bodily injury occurred or whether a deadly weapon was displayed or used during the assault. If one of these aggravating factors is present in your case, you could be charged with the second degree felony crime of aggravated assault.
If you are convicted of the crime of aggravated assault, you could face 2 years to 20 years in prison and a fine not to exceed $10,000. If an aggravated assault took place in a domestic violence situation or against a public servant (ex. Police officer), you could be facing a first degree felony punishable by a prison term of 5 years to 99 years and a fine not to exceed $10,000.
Aggravated Assault is categorized as a violent crime that can result in devastating consequences if you are convicted. For example, if you are convicted of an aggravated assault charge, you may face the long-term consequence of limited employment opportunities due to a violent criminal conviction being on your record for the rest of your life.
If you have been arrested and charged with an aggravated assault in Texas, you need an aggressive and experienced criminal lawyer on your side. An aggravated assault conviction could carry with it the prospect of prison time, hefty fines and other serious long-term consequences.
Contact the Hampton Law Firm now to schedule a free consultation to determine your rights and legal options.
How Can I Get My Case Dismissed?
Legal Ways to Get Criminal Charged Dropped in Tarrant County
There are many reasons that a criminal case can be dismissed in the state of Texas, take a look at some of the criminal case dismissals and not guilty verdicts Jeff Hampton has won over the last few years. When a prosecutor decides to drop the charges or dismiss a case, it is usually because they either do not have sufficient evidence to get a conviction if the case is brought to trial; the arresting officer or Tarrant County Prosecutor’s office made a mistake or clerical error in the paperwork, or because the defendant was illegally charged and arrested. Common reasons for criminal case dismissals include:
o Illegally Obtained Evidence
o 4th Amendment Violation
o Witness Testimony Supporting the Defense
o Overwhelming Evidence in Favor of Defendant
o 5th Amendment Miranda Right Violation: Self Incrimination
o No Probable Cause
o Illegal Search
o Clerical or Documentation Errors in Case Filing
o Improperly Handled or Stored Evidence
o Unavailable Prosecution Witness
o Disappearing Evidence
5th Amendment Miranda Right Violation: Self Incrimination
Types of Case Dismissals
There are Three Types of Case Dismissals in Criminal Trials
(1) No Bills – When a Grand Jury no bills or drops the charges for lack of evidence.
(2) Pretrial Motions to Suppress Evidence – Your defense counsel can file motions to suppress or exclude evidence before the trial even begins that could potentially lead to a dismissal. Motions can be filed for illegal arrests without probable cause, evidence that was not obtained illegally, searches without a warrant, etc.
(3) Negotiations – This can be a straight dismissal if your defense lawyer has clear evidence of your innocence or alibi, a reduction in charges from a felony to a misdemeanor, deferred adjudication with probation, or participation in a diversion program.
In felony trials, the ideal time to file pretrial motions to get your case dismissed, or No Billed, is at a grand jury hearing for indictment. After your arrest, the grand jury has to review evidence, witnesses, and other variables related to the case before they can officially “indict”, or bring felony charges against you. Before the grand jury reviews the evidence, your criminal defense attorney has the opportunity to present evidence, witness testimony, and legal defenses that can shield you from prosecution.
Defenses for Felony & Misdemeanor Charges in Texas
Texas Penal Code § 8 General Defenses to Criminal Responsibility defines valid defenses that can be used by the defendant’s legal team in a criminal trial.
Legal Defenses Defined by Texas Law and Modern Examples Include:
o Acting out of Necessity
o Reasonable Doubt
o Coercion by Law Enforcement
o Intoxication or Impairment Insanity
o Extreme Duress
There are countless other defenses that have been used and new ones that defense lawyers will use to protect the innocence of people charged with a crime in the future. For more comprehensive information, visit our page with a list of each legal defense to a crime in Texas with examples and pertinent penal code.