Assault & Aggravated Assault Charges in Dallas, TX
If you or someone you love is facing an assault charge in Dallas it is important to know what is on the line. Police, prosecutors, and courts take assault very seriously and prosecute them vigorously. An assault conviction, whether simple assault or the more severe aggravated assault can result in jail time and hefty fines. Perhaps worst of all, they can damage your reputation, career, and future. With all this on the line, you need an experienced Dallas assault lawyer to help you understand every angle and fight for you in court.
Assault Charges in Dallas
A person commits assault (Texas Penal Code § 22.01) if they intentionally, knowingly, or recklessly cause bodily injury to another person.
- “Bodily injury” means physical pain, illness or any impairment of physical condition. Many people expect that an assault case would require some visible injury like a bruise, cut, or scrape, but this is not the case. All the accuser has to allege is that they felt some physical pain. Even a slap, push, or poke that they say caused them pain is enough to get someone arrested and prosecuted for one of the most stigmatizing criminal offenses there is.
Assault against a family or household member of the accused or person with whom they have a dating relationship (often called domestic violence or family violence) is discussed on our assault family violence page. For more information about domestic violence, see our domestic violence page.
Assault causing bodily injury is a Class A misdemeanor. As a result, you can face up to 1 year in jail and up to a $4,000 fine.
If the alleged victim of the assault offense is a public servant, however, the offense is called assault public servant. Assault public servant is a third-degree felony. As a result, you can face 2 – 10 years in prison and up to a $10,000 fine. It is important to note that, to be convicted of this offense, you must have known the person was a public servant lawfully discharging an official duty. If the assault was in retaliation for discharging an official duty, that also qualifies.
Assault against certain classes of people (such as a security guard, emergency services personnel, or a pregnant person) can also be a third-degree felony.
Aggravated Assault in Dallas, TX
Aggravated Assault is a more serious felony charge that can apply based on the circumstances. Often charged as a second-degree felony, a person commits aggravated assault (Texas Penal Code § 22.02) if they commit assault under Texas Penal Code § 22.01, and they:
- cause serious bodily injury to another. OR
- use or exhibit a deadly weapon during the commission of the assault.
Assault Terms Defined
“Bodily Injury” means physical pain, illness or any impairment of physical condition. Many people expect that an assault case would require some visible injury like a bruise, cut, or scrape. This is not, however, the case. All the accuser has to allege is that they felt some physical pain. Even a slap, push, or poke that they say caused them pain can be enough. Ridiculously, this can lead to the police arresting someone for one of the most stigmatizing criminal offenses there is.
“Deadly Weapon” means a firearm or anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury. This definition, however, also includes anything that in its use or intended use is capable of causing death or serious bodily injury. This means a prosecutor could charge practically anything as a deadly weapon. This is an area of the law where having an experienced Dallas aggravated assault lawyer can make a big difference.
“Serious Bodily Injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Aggravated Assault Penalties
Since aggravated assault is a second-degree felony, you could face 2 – 20 years in prison and up to a $10,000 fine. If alleged victim is a family member, that actor uses a deadly weapon, and the alleged victim suffers serious bodily injury, the offense is a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine.
If a person commits aggravated assault against a person they know is a public servant, the offense is a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine.
Dallas Assault Lawyer
If you or someone you love has been accused of assault in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas assault lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
A Different Kind of Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of Dallas assault lawyer you’ve come to the right place.
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Our Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
Assault Resources & Information
See our criminal defense resource center for more information on from Dallas assault lawyer Mike Howard on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
Defending Assault Charges in Dallas
First and foremost, the prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas assault attorney, it can be a powerful weapon.
Choosing the Right Assault Lawyer
Searching for assault lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas Assault Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas assault attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas assault lawyer has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.
A Proven Track Record
Our client was out with a group of friends when one of them drunkenly harassed our client’s female friend. Our client told the drunk to back off and the drunk took a swing at our client. The drunk ended up stumbling as he walked away and broke his thumb when he fell. He lied to the police, claiming our client attacked him for no reason and beat him mercilessly. Even though all five witnesses backed up our client, police filed charges against our client. We were able to get the case dismissed.
Assault – Impeding Breathing
My client was a world champion professional boxer. He was wrongly accused of brutally beating up an ex-girlfriend. However, the woman had no injuries and looking for a payout. We took the case to trial and exposed her true motives in court. The jury found my client not guilty.
Assault Family Violence
An ex-girlfriend was angry that my client had moved on. She set out to ruin his life with a wrongful accusation. We took the case to trial and the jury found my client not guilty.
Our client was over-charged for an unfortunate incident. We worked with the accuser and the prosecutor to get the charges reduced from a felony to a misdemeanor and avoided a felony conviction. In the end, we got our client a short misdemeanor deferred probation. At the end of that, his case was dismissed.
Assault Family Violence
My client was a doctor who had been married 40+ years. His wife suffered from mental health problems. When she had episodes she would become violent and abusive. My client had to call the police during one of these episodes but only wanted her to get help. Unfortunately, when she realized she might be going to jail she falsely accused him of hitting her. The police told my client someone had to go to jail, him or her. Ever the loving husband, my client chose to go to jail. We were able to convince the district attorney to reject the case completely.
Assault Family Violence
My client was living with a controlling girlfriend. One night they got into an argument and he tried to walk away. She wouldn’t stop following him. He went into the bathroom and tried to close the door to clear his head. She called the police and falsely claimed he assaulted her closing the door. We got the case dismissed.
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Together, we can get your life back.
When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with Dallas assault allegations. Trust our experience, empathy, and ability to help put charges behind you.
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Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.