Were you arrested or charged with assault in Houston? Assault charges can vary in severity and gravity, but a conviction for an assault in Houston will have a lasting impact on your future. Considering the short and long-term consequences of an assault conviction, a defense to these charges is imperative. For the best possible defense, you need to hire a top Houston assault lawyer.
The legal team at Greco Neyland is focused exclusively on private, criminal defense to charges ranging from prostitution to shoplifting and theft to DWI. We are ready to build a forceful defense to your Houston assault charges.
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Best Houston Assault Law Firm
In the State of Texas, a single law criminalizes all actions of assault. Found at Section 22.01, and aptly titled “Assaultive Offenses’ the statute provides the definition of assault in Houston and all elements of the crime. It is important for any defendant to know the elements of assaultive offenses, even if you are hiring an experienced assault lawyer in Houston.
A prosecutor in Houston is required to prove each element beyond a reasonable doubt. This is similarly true of any other crime in Houston, including grand larceny and gun charges. If there is evidence disproving any of these elements, then a jury must acquit you of the charges.
Often, your Houston assault lawyer at Greco Neyland will build a defense disputing or creating doubt about one or another of the elements of assault. However, your exact defense will always depend on the specific circumstances of your case.
What Are the Elements of Assault in Houston?
Law enforcement in Houston is required to enforce the criminal laws passed by the State of Texas. This same obligation falls to other cities, such as Dallas, and counties, such as Harris County, throughout the state. Therefore, any charges for assault in Houston will be under the state statute described above.
The Texas assault statute established three types of assault. Each type of assault has three elements.
- The first type of assault in Texas: intentionally, knowingly, or recklessly causing bodily injury to another person. This type of assault requires the defendant to (1) have the requisite intent to commit assault, (2) be the cause of the harm, and (3) the harm must be bodily injury.
- The second type of assault in Texas: intentionally or knowingly threatening another person with imminent harm or bodily injury. This type of assault requires the defendant to (1) have the requisite intent to commit assault, (2) make the threat towards the victim, and (3) that threat must be of imminent harm or bodily injury.
- The third type of assault in Texas: intentionally or knowingly causing physical contact with the victim that the defendant reasonably knows is offensive or harmful. This type of assault requires the defendant to (1) have the requisite intent to commit assault, (2) make physical contact with the victim, and (3) that physical contact be of a nature that the defendant reasonably knew or should have known would be offensive or harmful to the defendant.
All of these types of assault are considered simple assault. A simple assault is charged as a class A misdemeanor in Houston, Harris County, and elsewhere in Texas. The possible repercussion of a conviction for simple assault is maximum one year in jail and criminal fine.
However, not all assault charges are a misdemeanor offense. Assault can be a felony in Houston, and require the legal advice of a Houston felony lawyer, f there are aggravating circumstances. Some of the circumstances that turn simple assault into aggravated assault include:
- Assault of a public servant or security officer, while engaged in official duties;
- Assault of a family member, as defined by the Texas Penal Code;
- Assault on an individual who ccontractswith the government, when the individual is acting within the scope of such contract;
- Assault by strangulation or blocking the airways; and
- Assault committed by a defendant previously convicted of an assaultive offense.
A Houston criminal lawyer at Greco Neyland does everything possible to build a defense that avoids these significant criminal punishments.
When to Hire a Houston Assault Lawyer?
To ensure the best defense in your case, you should hire a Houston assault lawyer immediately after arrest or arraignment on assault charges. Once you are arraigned in Houston’s criminal court, you are officially charged with a crime and could face time in jail between the date of arraignment and your trial.
Throughout this entire process, you deserve a committed, competent, and invested private lawyer to ensure your rights are respected and your defense robust. At Greco Neyland, we provide a criminal defense that specifically meets these goals. Contact us to learn more.
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