Experienced Defense for Misdemeanor Assault Charges in Houston and Harris County.
If you’re facing Houston assault charges, it’s important to know everything you can about these charges, including what the different types of charges mean and what the potential assault penalties are if convicted. While sometimes referred to as “simple assault,” these charges should not be taken lightly in Texas. Even if the alleged act didn’t cause physical harm or only caused minor injuries, a conviction can still result in jail time, fines, and a criminal record.
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You need a Houston assault attorney who understands these charges. Lisa Shapiro Strauss has the expertise, skills, and dedication to guide you through the process. She understands what’s at stake when it comes to defending clients against misdemeanor assault charges and can examine the evidence against you to formulate an effective defense strategy.
Understanding Simple Assault Under Texas Law
Assault is defined under Texas law as:
- Intentionally, knowingly or recklessly causing bodily injury to another person;
- Threatening someone in a way that causes them to fear for their safety; or
- Having physical contact with another person in a way that would reasonably be considered offensive or provocative.
Simple Assault Charges in Houston
Simple assault is a charge that typically results from an act that didn’t actually cause physical harm or only caused minor injuries. When the simple assault involves just threatening or touching without causing serious bodily harm, it is generally classified as a misdemeanor.
Penalties for Simple Assault in Texas
The penalties for Simple Assault in Texas vary depending on the classification of the misdemeanor or felony charge.
Misdemeanor Simple Assault Penalties
If a simple assault results only in minor injuries, it generally is charged as a Class A misdemeanor, with penalties of up to 1 year in county jail and/or $4,000 in fines.
When the simple assault involves just threatening or touching without injury, it is generally classified as a Class C misdemeanor with a fine of up to $500.
It can be increased from a Class C misdemeanor to a Class B misdemeanor with penalties of up to 180 days in county jail and up to $2,000 in fines under certain circumstances, such as if the threat was made against a sports official like a referee or umpire.
Felony Simple Assault Penalties (Enhancements)
In certain circumstances, a simple assault charge can be increased to a 3rd Degree Felony. This can happen if the assault is committed against:
- A public servant or government official.
- A security guard or emergency services worker.
- A family member or other person whom you have or previously had a domestic relationship with AND you have a previous domestic violence conviction.
If the assault charge is increased to a 3rd degree felony, the potential penalties are up to 10 years in prison and up to $10,000 in fines.
Impact of a Conviction
An arrest or conviction for assault will 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. Even a misdemeanor can have lasting negative impacts.
Understand the specific penalties for your simple assault charge. Contact a Houston attorney.
Possible Defenses Against Simple Assault Charges
Fighting charges of simple assault in Houston requires an understanding of potential defense strategies. In order to obtain a not guilty verdict, the prosecution must prove beyond a shadow of a doubt that you are guilty of the charges that have been filed against you. This is why it’s so important to contact a Houston assault attorney with experience to protect your rights.
An attorney will be able to examine and evaluate the evidence against you and put together a great defense strategy to counter the charges. Possible defenses for a charge of simple assault in Texas can include:
Common Defense Strategies
- Lack of Intent: Arguing that your actions were not intentional, knowing, or reckless (if bodily injury is alleged) or that you did not intend to threaten or make offensive contact.
- Self-Defense: Arguing that your actions were necessary to protect yourself from immediate harm.
- Defense of Others: Arguing that your actions were necessary to protect another person from immediate harm.
- Lack of Bodily Injury: If bodily injury is alleged, arguing that it did not occur or was not caused by your actions.
- Defendant Did Not Know Alleged Action Would Be Considered Offensive or Provocative: If the charge is based on offensive contact, arguing you did not know or reasonably believe the contact would be regarded as such.
- 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.
Why Choose Lisa Shapiro Strauss for Simple Assault Defense?
When you’re facing a simple assault charge in Houston, Texas, you need experienced legal assistance. Even misdemeanor charges can have lasting negative impacts. Lisa Shapiro Strauss is a criminal defense lawyer with a lot of experience who can help.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor. She understands the criminal justice system from both sides. As a former county prosecutor, she was trained by prosecutors, so she knows how they approach each type of criminal case. She can review your situation thoroughly to determine which defense strategies are best suited to your case. She understands how district attorneys, judges, and juries view the evidence and evaluate cases at trial.
Extensive Experience in Assault Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has handled thousands of cases for clients throughout the Houston area. She has extensive experience negotiating with prosecutors to have clients’ assault charges reduced. She knows how to get simple assault charge dismissals, acquittals, and alternative sentencing options in Harris County.
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.
Answers to Your Assault Charge Questions in Houston
Facing assault charges in Houston can bring up many questions. Here are answers to some frequently asked questions:
How Do You Get an Assault Charge Dismissed in Texas?
Getting an assault charge dismissed depends on the specifics of your case, the evidence, and legal strategies. Options include challenging evidence, proving a valid defense like self-defense, or negotiating with the prosecutor.
What is the Difference Between Self Defense and Assault in Texas?
Self-defense is a legal justification for using force against another person if you reasonably believe it is necessary to protect yourself from their unlawful force. Assault is the unlawful act of causing injury, threat, or offensive contact.
What Are Some Possible Defenses for Assault Charges in Texas?
Possible defenses include self-defense, defense of others, lack of intent, false accusations, and insufficient evidence. The best defense depends on the specific facts of your case.
Should I Accept a Plea Agreement for an Assault Charge in Houston?
Deciding whether to accept a plea agreement should be done after consulting with an experienced attorney. We will evaluate the strengths and weaknesses of your case and the potential outcomes of a plea versus trial in Harris County.
What Is A Mistrial, And How Could It Affect Your Houston Assault Case?
A mistrial means a trial is stopped without a verdict, often due to an error or hung jury. It doesn’t mean the case is dismissed, and the prosecution in Harris County can choose to retry.
Harris County Assault Charge Case Results
Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in assault cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing assault charges, including misdemeanor allegations, in Houston and Harris County.
Get Help From a Houston Assault Attorney Today
If you’re facing a simple assault charge in Houston, Texas, don’t underestimate the potential impact. Even a misdemeanor conviction can affect your record and your future. Contact Houston assault attorney Lisa Shapiro Strauss for experienced legal assistance.
Lisa Shapiro Strauss is an experienced Houston assault attorney. She will fight the allegations against you and help you achieve the best possible outcome in your case in Harris County.
Protect your rights and ensure you receive a fair outcome. Contact the law offices of Lisa Shapiro Strauss today to schedule a free consultation to discuss your legal situation.
Contact our Houston office now to discuss your defense strategy confidentially.
