Texas Assault Lawyers

If you are reading this, it is likely because you or a loved one has been arrested for assault and battery in Texas. We at McCarty-Larson, PLLC, understand how stressful and overwhelming this situation can be. Worrying about your future and what lies ahead is natural, but we are here to help guide you through this difficult time and pursue the best possible outcome for your criminal defense case.

Understanding Simple Assault Charges

Simple assault in Texas can involve a wide range of actions, from minor confrontations to more serious physical altercations. This type of charge generally includes causing bodily injury to someone else, threatening them with imminent harm, or making physical contact in a way that is considered offensive or provocative. Even though it is the most basic type of assault charge, it can still carry serious consequences.

Simple assault can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. If the assault involves a public servant, a family member, or if it is a repeat offense, the penalties can be more severe. For most cases, simple assault is classified as a misdemeanor.

Penalties for Simple Assault

Simple assault can be classified into three levels, each carrying different penalties. A Class C misdemeanor involves threats or provocative contact without physical harm and can result in a fine of up to $500. A Class B misdemeanor often involves physical contact during sports activities and can lead to a fine of up to $2,000 and/or up to 180 days in jail. A Class A misdemeanor is applicable when there is physical contact causing pain or minor injury, with penalties including a fine of up to $4,000 and/or jail time of up to one year.

Aggravated Assault and Its Serious Consequences

Aggravated assault in Texas is considered a more severe crime due to the involvement of serious bodily injury or the use of a deadly weapon. This type of assault is usually charged as a felony, leading to more significant penalties compared to simple assault.

Penalties for Aggravated Assault

Aggravated assault can lead to substantial jail time, hefty fines, and long-term consequences that can affect you and your family, including challenges in finding employment. A second-degree felony for aggravated assault can result in 2 to 20 years in prison and a fine of up to $10,000. If the assault is classified as a first-degree felony, the penalties can be even more severe, with 5 to 99 years or life in prison and a fine of up to $10,000. Aggravated assaults against public servants, family members, or in domestic situations are typically considered first-degree felonies in Texas.

Assault with Deadly Conduct

Deadly conduct in Texas refers to reckless actions that endanger others, particularly involving firearms or other deadly weapons. This can include actions like discharging a firearm in the direction of a person or a vehicle. Depending on the circumstances, deadly conduct can be charged as either a misdemeanor or a felony.

Penalties for Deadly Conduct

Penalties for deadly conduct vary based on whether it is charged as a misdemeanor or a felony. A Class A misdemeanor covers actions that recklessly endanger others and can result in up to one year in jail and a $4,000 fine. A third-degree felony, which involves discharging a firearm, carries a penalty of 2 to 10 years in prison and a fine of up to $10,000.

How McCarty-Larson, PLLC Can Help

Facing assault charges in Texas can be daunting, but you do not have to go through it alone. As Texas assault lawyers, we are committed to helping you understand the charges against you and exploring every possible defense to achieve the best possible results for your case. Our team is empathetic to your situation and dedicated to providing the support and legal representation you need during this challenging time.

Choosing a Team of Experienced Texas Assault Lawyers

When facing assault charges, choosing the right defense team is crucial. At McCarty-Larson, PLLC, we understand the challenges you face and are here to help you navigate through this difficult time. Our team of Texas assault lawyers brings over 50 years of combined experience in criminal defense. This extensive experience gives us the knowledge needed to build a strong defense for you. Additionally, our firm is founded and led by a former law enforcement officer and prosecutor. This unique background provides us with invaluable insights into both sides of the legal process, allowing us to anticipate the prosecution’s moves and develop effective strategies to counter them.

The Importance of Choosing McCarty-Larson, PLLC

Choosing McCarty-Larson, PLLC means you are opting for a firm with a proven track record of success. We are proud to have over 270 Google 5-star reviews from satisfied clients who have benefited from our dedicated representation. Our reputation for excellence is built on our commitment to our clients and our relentless pursuit of justice. An assault conviction can have serious consequences, including fines, jail time, and a criminal record. These consequences can impact your future, making it essential to have experienced Texas assault lawyers on your side.

We offer free consultations to discuss your case and help you understand your options. Our goal is to guide you through the complicated court and administrative proceedings, providing you with the best chances for a successful outcome.

Defenses to Assault

When facing assault charges, having a strong defense strategy is crucial. Here are some of the defenses we may use:

Self-Defense

Self-defense is a common defense in assault cases. It involves proving that you acted to protect yourself. Under the Texas Castle Doctrine, you have the right to defend yourself if you reasonably believe that your life is in imminent danger. Our team will work to establish that your actions were justified and necessary to protect yourself.

Lack of Intent

Another possible defense is the lack of intent. This involves challenging the prosecution’s claim that you intended to cause harm. By casting doubt on your intent, we can weaken the prosecution’s case. This could lead to a reduction in charges or a lesser offense.

Insufficient Evidence

In many cases, we can challenge the evidence against you. The prosecution must provide strong evidence to support their case. Our job is to scrutinize this evidence for inconsistencies and weaknesses. If we can show that the evidence is insufficient, we may be able to get the charges reduced or dismissed.

Fourth Amendment Violations

If the evidence against you was obtained through an illegal search and seizure, we can challenge its admissibility. The Fourth Amendment protects you from unreasonable searches and seizures. If your rights were violated, the court may dismiss the evidence, which can significantly weaken the prosecution’s case.

Procedural Errors

Procedural errors during your arrest, booking, or the collection of evidence can also be grounds for dismissal. Our team will thoroughly review the procedures followed in your case to identify any errors. If we find any, we will use them to challenge the charges against you.

Lack of Cooperation from the Alleged Victim

If the alleged victim refuses to cooperate or does not want to press charges, it can be a significant advantage for your defense. Without the victim’s cooperation, the prosecution may struggle to build a strong case. This can lead to the charges being dropped.

Mistaken Identity

In some cases, you may have been wrongly identified as the offender. If this is the case, we can challenge the identification. Proving mistaken identity can lead to the dismissal of the charges against you.

Mutual Consent

If the altercation was consensual, we can use this as a defense. Proving that both parties consented to the altercation can help reduce or dismiss the charges.

Affidavit of Non-Prosecution

In some cases, the alleged victim may sign an affidavit of non-prosecution, requesting that the charges be dropped. Our team can work to obtain this affidavit and present it to the prosecutor. While the prosecutor or judge may still decide to proceed with the case, the affidavit can be a powerful tool in your defense.

Why Experience Matters

Choosing McCarty-Larson, PLLC means having experienced Texas assault lawyers by your side. Our team has the knowledge to build a strong defense and challenge the prosecution’s case. We understand the serious consequences of an assault conviction and are committed to providing you with the best defense possible.

Mistakes to Avoid If Arrested for Assault and Battery in Texas

When you are arrested for assault and battery in Texas, it can be a very stressful and confusing time. It’s important to stay calm and make smart decisions to avoid making things worse. Here are some common mistakes people make when they are arrested for assault and battery and how you can avoid them.

Talking to the Police Without a Lawyer

One of the biggest mistakes you can make is talking to the police without a lawyer. Anything you say can be used against you in court. Even if you think you are helping yourself by explaining what happened, you might say something that could hurt your case. It is always best to wait until you have a lawyer with you before talking to the police.

Ignoring Court Dates and Legal Requirements

Another mistake is ignoring your court dates or any legal requirements. Missing a court date can result in a warrant for your arrest, which will make things much worse. Make sure you know when your court dates are and make every effort to attend them. Follow any instructions given to you by the court or your lawyer.

Talking About Your Case on Social Media

In today’s world, many people use social media to share their thoughts and experiences. However, talking about your case on social media can be a big mistake. Anything you post can be seen by the prosecution and used against you in court. It’s best to keep details about your case private and not discuss it online.

Texas Assault Lawyers Client Story

This client story is for educational purposes only.

Roger couldn’t believe it when he found himself sitting in a jail cell. Just hours before, he had been at a family BBQ, enjoying the day with his loved ones. Everything changed when a misunderstanding led to a fight, and suddenly, Roger was arrested for assault and battery in Texas.

Roger was scared. He had never been in trouble with the law before. He didn’t know what to do or who to turn to. That’s when he heard about McCarty-Larson, PLLC. A friend told him to call them and ask for Bria Larson, one of their best lawyers.

The first time Roger met Bria, he felt a little bit of hope. Bria listened to his story carefully. She didn’t judge him. Instead, she assured him that she would do everything she could to help him. She explained the process in a way Roger could understand, making him feel less anxious.

Bria got to work immediately. She gathered all the facts, talked to witnesses, and looked at every detail of the case. She even found out that the person Roger supposedly hurt had started the fight. Roger’s relief grew as Bria built a strong defense, showing that he was only defending himself.

When the trial came, Roger was still nervous, but he felt stronger knowing Bria was by his side. Bria spoke clearly and confidently in the courtroom. She presented the evidence and made sure the jury knew Roger was not guilty of starting the fight. She showed them that he was a good man caught in a bad situation.

The day the verdict came, Roger’s heart raced. He sat next to Bria, clutching the edge of his seat. When the jury announced “not guilty,” tears of relief streamed down his face. He turned to Bria, who smiled warmly at him. She had kept her promise.

Roger walked out of the courthouse a free man, grateful beyond words. He knew he couldn’t have done it without Bria Larson and the team at McCarty-Larson, PLLC. They had believed in him when he could hardly believe in himself. Their dedication and care can help turn a terrifying situation into a story of hope and justice. Roger’s life was forever changed because he had someone fighting for him, someone who truly cared.

Contact our Texas Assault Lawyers at McCarty-Larson, PLLC for Help

If you have been arrested for assault and battery in Texas, it is important to get the right help quickly. At McCarty-Larson, PLLC, we understand how stressful and confusing this time can be for you. Our team is dedicated to working hard to get the best possible outcome for your case. We know the legal system in Texas and will stand by your side, providing support and guidance every step of the way.

We offer free consultations to discuss your case and understand your situation. During this consultation, we will listen to your story, answer your questions, and explain your legal options. This is your chance to learn how we can help you without any cost or obligation. Our goal is to make sure you feel informed and confident about the steps we will take together.

Choosing McCarty-Larson, PLLC means you are choosing a team that will fight for your rights and work tirelessly to protect your future. We have the experience and knowledge to handle assault and battery cases in Texas, and we are committed to helping you achieve the best possible result.

Don’t wait to get the help you need. Contact McCarty-Larson, PLLC today to schedule your free consultation. Let us help you navigate this challenging time and start building your defense. You can trust that we will be with you every step of the way, providing the support and legal representation you deserve.