Fighting Serious Felony Aggravated Assault Charges in Houston and Harris County.
A charge of aggravated assault in Texas is a felony offense. If you are convicted of aggravated assault, you can face large fines, getting put in prison, and having a felony on your record. Your Houston aggravated assault lawyer will work hard to make sure that you are treated fairly in the eyes of the law. Lisa Shapiro Strauss is a Former Prosecutor whose law firm now works hard for the rights of people accused of assault.
An arrest or conviction for aggravated assault will permanently be on your record. It can make it hard to get a job, find a place to live, go to school, or get public assistance. Some assault charges can even get you life behind bars. This is why you need to contact an assault attorney right away.
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Understanding Aggravated Assault Under Texas Law
Aggravated assault is a serious charge under Texas Penal Code Section 22, defining assaultive offenses. An aggravated assault charge occurs when a person commits a basic assault AND one of the following factors is present:
Key Factors in Aggravated Assault
- Serious bodily injury was caused: This means bodily injury that creates a substantial risk of death or that causes death, permanent disfigurement, or protracted loss or impairment of the function of any body part or organ.
- A deadly weapon was used or exhibited in the assault: Most people think of a weapon as a gun or a knife. However, any object used to cause physical harm, or the threat of physical harm, could be considered a “weapon” under Texas law. For example, hitting someone with a rock could be considered an assault with a weapon.
The Impact of an Aggravated Assault Charge
The presence of serious bodily injury or a deadly weapon elevates a basic assault to a felony, leading to much more severe penalties. Understanding these definitions is critical to evaluating the charges against you.
Penalties for Aggravated Assault in Harris County
An aggravated assault charge in Texas is typically a felony offense, with penalties varying by degree. The severity of the punishment depends on the circumstances of the case and can lead to significant prison time and fines.
Second-Degree Felony Aggravated Assault
An aggravated assault charge is usually a 2nd-degree felony. This can have penalties of between 2 and 20 years in prison and fines up to $10,000.
First-Degree Felony Aggravated Assault (Enhancements)
Certain factors can cause an aggravated assault charge to be enhanced to a 1st degree felony, significantly increasing the potential prison sentence. Some of these are:
- The defendant is related to or has a domestic relationship with the victim.
- The victim is a public servant (such as a police officer), security officer, or emergency service worker who was on duty at the time of the incident.
- The victim was a witness to a crime or an informant.
- The defendant causes serious bodily injury to the victim AND uses a deadly weapon during the assault.
- The defendant commits the assault as part of a drive-by shooting.
- The victim is over 65 years old or disabled.
The penalty for a 1st-degree felony can be from 5 to 99 years or Life in prison and/or a fine of up to $10,000.
How an Assault Conviction Can Affect Your Life
Beyond criminal penalties, an aggravated assault conviction can profoundly harm your life in Houston and Harris County:
- Financially: It can harm your financial life by hurting your ability to get a job, find housing, or get a car loan.
- Custody Agreements: It can affect custody arrangements for minor children.
- Deportation: It can lead to deportation or denial of citizenship if you are not a U.S. citizen.
- Owning a Firearm: It can result in the loss of your right to own a firearm.
- Jury Duty: It may disqualify you from serving on a jury.
- Professional Licenses: Inability to hold certain professional licenses.
Understand the severe consequences of an aggravated assault conviction. Contact a Houston attorney.
Building Your Defense Against Aggravated Assault Allegations
Facing aggravated assault charges in Houston means you need a robust defense strategy. Being charged with assault isn’t the same as being convicted. There may be important details in your case that you aren’t even aware of, details that could ultimately get the charges against you dropped or reduced.
Possible Defenses
Possible defenses for a charge of aggravated assault in Texas can include:
- Self-Defense: Arguing that your actions were necessary to protect yourself or another from imminent harm, especially involving the use of deadly force if applicable.
- Lack of Intent: Challenging that you did not intentionally, knowingly, or recklessly cause serious bodily injury or use/exhibit a deadly weapon.
- Lack of Serious Bodily Injury: If the charge is based on injury, arguing that the injury does not meet the legal definition of “serious bodily injury.”
- Lack of a Deadly Weapon: Arguing that the object used does not meet the legal definition of a deadly weapon, or was not used in a manner capable of causing serious bodily injury or death.
- Mistaken Identity: Providing evidence that you were not the person who committed the alleged assault.
- False Accusations: Presenting evidence that the allegations are untrue.
- Insufficient Evidence: Arguing that the prosecution has failed to meet their burden of proving guilt beyond a reasonable doubt.
You need a tough, dedicated Houston aggravated assault attorney to fight for your rights and ensure you receive a fair trial. Lisa Shapiro Strauss will evaluate every aspect — from witness statements to surveillance videos — to determine the best course of action.
Build Your Defense Against Aggravated Assault Charges. Contact Our Houston Office.
Why Choose Lisa Shapiro Strauss for This Serious Charge?
When you are accused of aggravated assault in Houston or Harris County, you need a defense attorney with specific experience in these high-stakes cases and a deep understanding of the local legal system. Lisa Shapiro Strauss offers the critical qualifications you need to fight these charges.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor with 25 Years of Experience as a criminal defense attorney. Her unique background enables her to anticipate how the state may approach your felony case. She understands how district attorneys, judges, and juries view the evidence and evaluate cases at trial. As a former prosecutor, she understands prosecutorial tactics, the legal system, and judges in Harris County. This invaluable insight gives her a unique perspective when it comes to presenting a sound defense against aggravated assault allegations.
Extensive Experience in Felony Assault Cases
Lisa has successfully defended clients facing serious felony charges, including Aggravated Assault. She understands the complexities, high stakes, and severe penalties associated with these cases in Texas.
Local Knowledge of Harris County Courts
Her experience and unique background enable her to work with clients through many of life’s toughest situations. She knows the prosecutors, judges, court staff, and the way the system works in Harris County. This local knowledge is a significant asset in navigating the legal process efficiently and effectively on your behalf.
Answers to Your Assault Case FAQs
Facing aggravated assault charges in Houston can lead to many serious questions. Here are answers to some common ones:
How Do I Get My Aggravated Assault Charge Dismissed?
Getting an aggravated assault charge dismissed depends on many factors, including the specific facts of your case, the evidence, and the legal defense strategy employed. This can involve challenging evidence, proving a valid defense like self-defense, or negotiating with the prosecutor.
What If I Have A Witness Who Can Prove My Innocence?
Witness testimony can be crucial in proving your innocence or raising reasonable doubt. Your attorney will review all eyewitness testimony for accuracy and merit. If a witness has made false statements, or honestly misidentified you as a suspect, your attorney should fight hard to have your charges dismissed.
Will the Prosecutor Drop the Charges if the Victim Agrees to Testify on My Behalf?
In Texas, the decision to file and pursue criminal charges rests with the State, not the alleged victim. While the victim’s wishes may be considered, the Harris County District Attorney’s Office can proceed with the case even if the victim requests to drop charges. An attorney can work to present the victim’s wishes to the prosecutor as part of your defense.
How Can an Aggravated Assault Charge Affect My Employment?
A felony conviction for aggravated assault will appear on background checks indefinitely, making it very difficult to secure or maintain employment, especially in fields requiring professional licenses or positions of trust.
Is It Possible to Have Aggravated Assault Charges Expunged from My Record?
Generally, a felony conviction for aggravated assault in Texas is not eligible for expungement. However, if the charge was dismissed or resulted in deferred adjudication probation, it may be possible to seek expungement or non-disclosure.
Harris County Felony Charge Case Results
State v RJ: Client Charged with Retaliation. Lisa got the case dismissed.
State v CL: Client Charged with Assault on a Family or Household Member with Previous Conviction. Lisa got the case dismissed.
State v CL: Client Charged with Aggravated Assault on a Family Member. Lisa got the case dismissed.
State v AH: Client Charged with Assault on a Family/House Member by Impeding Breath or Circulation. Lisa got the case dismissed.
State v GC: Client charged with Hinder Apprehension. Lisa got the case dismissed.
State v KH: Client charged with Injury to a Child Under 15, Bodily Injury. Lisa got the case dismissed.
*Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in serious felony cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing felony charges in Houston and Harris County.
Get Help From an Experienced Houston Assault Attorney
Are you or a family member being charged with aggravated assault in Houston, Texas? This is a felony offense with severe potential consequences. It is crucial to get help from a criminal defense lawyer who has experience in assault cases and understands the complexities of these serious charges.
Lisa Shapiro Strauss uses her experience and skills to fight for the legal rights of those facing criminal charges. Lisa will evaluate your situation from every angle to determine the best course of action and aggressively fight the allegations against you.
Contact the law office of Houston assault attorney Lisa Shapiro Strauss today for a free consultation to discuss your legal situation.
