San Antonio Aggravated Assault Attorneys
An aggravated assault charge is very dependent on testimony. Hiring an experienced attorney can help you greatly increase the chances of reducing or dismissing your case. An attorney can cross-examine witnesses and collect crucial evidence for your case. Make the first step to your defense and call the attorneys at Flanary Law Firm, PLLC now.
The attorneys at Flanary Law Firm, PLLC are practiced in criminal defense. Our attorneys have years of experience defending those accused of aggravated assault. We will use our extensive resources and knowledge to uncover any available legal options for you. Do not be idle in this process. Find trusted legal representation with Flanary Law Firm, PLLC.
Flanary Law Firm, PLLC represent those with allegations of aggravated assault in Bexar County and nearby counties including Guadalupe County, Wilson County, Comal County, and Kendall County.
Schedule a free consultation today. Call us today at (210) 899-7566 or submit an online contact form.
Aggravated Assault
A standard assault charge carries heavy penalties in the state of Texas. However, if certain aggravating factors are present, the penalties may be elevated. Aggravated assault is considered a violent crime where an individual causes serious bodily harm to another, or exhibits a firearm during an assault.
Those convicted for aggravated assault may face harsh legal consequences. A conviction for aggravated assault may result in steep fines and possible incarceration. If you have been charged with aggravated assault, it’s highly recommended that you seek a criminal defense attorney.
Legal Defenses for Aggravated Assault Charges
Being charged with aggravated assault does not automatically mean a conviction. There are several legal defenses that may be used to challenge the charges and reduce or dismiss penalties.
Common Defense Strategies
- Self-Defense – If the accused was acting to protect themselves from harm, their attorney may argue that the use of force was justified under Texas law.
- Lack of Intent – Aggravated assault requires intent to cause harm. If the accused did not intend to injure the other person, charges may be reduced.
- Mistaken Identity – Eyewitness misidentification is common, and proving the wrong person was accused can lead to case dismissal.
- False Accusations – Sometimes, accusations arise from personal conflicts or revenge. An attorney can uncover inconsistencies in the accuser’s statements.
- Unlawful Search and Seizure – If law enforcement obtained evidence illegally, it may be excluded from the case.
The Difference Between Assault and Aggravated Assault
Texas law distinguishes between simple assault and aggravated assault based on intent, injury severity, and the presence of a weapon.
Key Legal Distinctions
- Assault – Involves causing bodily injury, making threats of harm, or engaging in offensive physical contact. It is typically a misdemeanor.
- Aggravated Assault – Occurs when serious bodily injury is caused or when a deadly weapon is displayed during an assault. It is a felony offense.
How Charges Are Determined
- Severity of Injuries – Minor injuries may result in a simple assault charge, while severe or life-threatening injuries may lead to aggravated assault.
- Use of a Weapon – If a firearm or other deadly weapon was involved, the charges automatically escalate to aggravated assault.
How an Attorney Can Help in an Aggravated Assault Case
Having an experienced criminal defense attorney is crucial when facing aggravated assault charges.
The Importance of Early Legal Intervention
- An attorney can review police reports, collect evidence, and interview witnesses to build a strong defense.
- They can ensure the accused's rights are protected throughout the legal process.
Challenging Evidence and Witness Testimony
- Defense attorneys look for inconsistencies in statements, lack of physical evidence, and improper police procedures.
- Cross-examining witnesses can expose false allegations or unreliable testimony.
Negotiating Plea Deals or Case Dismissal
- If the evidence is weak, an attorney may negotiate a lesser charge or push for case dismissal.
- In some cases, alternative sentencing options, such as probation or anger management programs, may be possible.
If you are facing aggravated assault charges, securing legal representation as soon as possible can make a significant difference in the outcome of your case.
Facing Aggravated Assault Charges? Protect your rights with an experienced defense attorney. Call (210) 899-7566 or contact us today for a free consultation.
Elements for Aggravated Assault in San Antonio, Texas
For a person to be convicted of aggravated assault, the prosecution must prove he or she fulfilled certain elements. The Texas Penal Code § 22.02 states a person is guilty of aggravated assault if he or she does any of the following:
- Causes serious bodily injury to another, including the alleged offender’s spouse; or
- Uses or exhibits a deadly weapon during the commission of the assault.
The term “serious bodily injury” may seem vague. Texas Penal Code § 1.07(8) defines serious bodily injury as any harm that creates permanent disfigurement, protracted loss, impairment of any bodily member or organ or instills a substantial risk of death in the victim.
Penalties for Aggravated Assault Charges in Bexar County, Texas
The penalties for aggravated assault are dependent on the circumstances of the crime. If a person commits an aggravated assault, he or she will be charged with a second-degree felony. A second-degree felony is punishable by up to 20 years in prison, and a potential fine of up to $10,000.
If the offense includes certain factors, the penalties will be enhanced. This especially applies to who the victim was and their profession. If a person commits an aggravated assault with any of the following factors, mentioned below, he or she will face a first-degree felony that is punishable by up to 99 years or life in prison and a possible fine of up to $10,000.
If the offender does any of the following, in conjunction with an aggravated assault offense, the penalties will be enhanced to a first-degree felony.
- If the alleged offender is in a motor vehicle and knowingly discharges a firearm at or in the direction of a habitation, building or vehicle; or
- If the alleged offender is in a motor vehicle with a deadly weapon and is reckless as to whether the habitation, building, or vehicle is occupied.
- Commits aggravated assault against a person the actor knows is a security officer while the officer is performing a duty as a security officer;
- Commits aggravated assault in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;
- Commits aggravated assault on a public servant acting under color of the servant’s office or employment; or
- Commits aggravated assault against a person the alleged offender knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.
Time is Critical—Act Now! The sooner you have legal representation, the stronger your defense. Call (210) 899-7566 or contact us to get started.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Lawyers for Aggravated Assault in Bexar County, Texas
If you or someone you know has been charged with assault or aggravated assault, it is in your best interest to connect with a criminal defense attorney. Texas criminal court system can be complex and intimidating, but it’s vital that you start your defense today.
Flanary Law Firm, PLLC has a strong focus on criminal defense. Our attorneys are dedicated to each and every client, and we believe every person has a right to a fair trial. The attorneys at Flanary Law Firm, PLLC will suppress evidence, file motions, and discover every available legal option for your case.
Attorneys at Flanary Law Firm, PLLC practice law in the San Antonio area including Converse, Live Oaks, Kirby, Somerset, and Universal City.
