Felony Assault cases are not as common as misdemeanors, but still occur frequently in Williamson County. Felony assault is a serious charge and could result in prison time, based on the facts of the case, if it is not reduced to a lesser charge or dismissed.
Assault may be charged as a second or third degree felony under certain circumstances. For example, if the offense involves the choking of a family member, even momentarily, it will be charged as a felony, punishable by jail time. Additionally, if the alleged victim is a “public servant” who is acting in his/her official capacity, what would normally be charged as a misdemeanor is charged as a felony.
To be guilty of felony Aggravated Assault (TX Penal Code, §22.02), a person must “intentionally, knowingly, or recklessly” cause “serious bodily injury to another, including the person’s spouse” OR the person “uses or exhibits a deadly weapon during the commission of the assault.” These cases are much less common than misdemeanors and are punishable by prison time and/or an optional fine not to exceed $10,000. Probation may be an option depending on the facts of the case and the person’s prior criminal history.
It is extremely important to hire an attorney when you are charged with felony assault. Assault charges, which often start as simple arguments between family members or friends, could have drastic consequences on your future, including your ability to purchase or own a firearm. There are several defenses that may be available to the accused in an assault case, depending on the facts of the case, including: Self-Defense (TX Penal Code, §9.31), Defense of Third Person (TX Penal Code, §9.33), and Protection of One’s Own Property (TX Penal Code, §9.41). An experienced attorney can guide you through the process, make the best legal arguments on your behalf, and work to get your charge dismissed or reduced to a lesser charge.
Call The Law Office of Gregory R. Terra at (512) 635-4368 for an experienced, local, and highly rated attorney to assist you in your criminal case.