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San Antonio Assault Attorney
Navigating Assault Charges in Texas
Assault in Texas is an “Offense Against the Person” charge and is covered in Texas Penal Code Chapter 22 Assaultive Offenses.
Our team represents Texans in all kinds of assault cases, including:
- - Simple Assault
- - Aggravated Assault
- - Domestic Assault
- - Sexual Assault
Assault charges can significantly impact your life, affecting your reputation, employment, and personal relationships. Understanding the nature and specifics of the charges against you is crucial. Our assault attorneys in San Antonio will provide you with detailed insights into your case, ensuring you grasp the legal definitions and consequences of each type of assault charge in Texas. We keep you informed throughout the process, preparing you for each legal step, and defending your rights vigorously.
Facing charges? Don’t wait. Call us at (210) 970-7019 or contact us online to speak with our assault lawyer in San Antonio.
Understanding Legal Procedures in San Antonio
The legal landscape in San Antonio presents unique attributes that can influence the outcome of assault cases. The procedures and expectations in Bexar County Court, where many of these cases are heard, require a thorough understanding of local laws and regulations. At Hernández Dauphin Legal, P.C., we bring unparalleled familiarity with these nuances, which is pivotal in navigating this landscape effectively. As your assault lawyer in San Antonio, we ensure clients receive a detailed explanation of their legal journey, from pre-trial procedures to courtroom protocols, making the process transparent and understandable.
Understanding Assault Laws in Texas
Under Texas Penal Code Chapter 22, assault consists of:
- “Intentionally, knowingly, or recklessly causing bodily injury to another”
- “Intentionally or knowingly” threatening another with imminent bodily injury
- “Intentionally or knowingly causing physical contact with another” that the victim will regard as offensive or provocative
These acts can include the alleged offender’s spouse.
Per the second definition, you can be charged with simple assault through threats without actually making contact with or harming the alleged victim. Per the third definition, you can be charged with simple assault by merely making physical contact that is “offensive,” such as poking the other person in the chest. This is generally charged as a Class C misdemeanor that carries only a fine of up to $500.
However, you can be charged with a Class B or Class A misdemeanor in other circumstances, such as if the alleged victim is disabled or elderly, or if you caused any type of bodily injury.
Class B misdemeanors carry up to 180 days in jail and/or a fine of up to $2,000. Class A misdemeanors carry up to a year in jail and a fine of up to $4,000. Furthermore, Class A misdemeanors could increase to third-degree felonies if you caused bodily injury to a public servant, firefighter, EMT, pregnant person, or other specially protected persons. If you cause bodily injury to a police officer or judge, you can face a second-degree felony.
Defending Against Assault Charges
Being accused of assault can be a serious and stressful situation. At Hernández Dauphin Legal, PC, our experienced team of assault attorneys is dedicated to providing aggressive defense strategies for individuals facing assault charges in Texas. We understand the complexities of assault laws in the state and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
Our approach to defending against assault charges includes:
- Thoroughly investigating the circumstances surrounding the alleged assault
- Reviewing all available evidence, including witness statements and police reports
- Building a strong defense strategy tailored to the specific details of your case
- Negotiating with prosecutors to seek reduced charges or alternative sentencing options
- Representing you in court with confidence and skill
Our defense strategies are not one-size-fits-all. We take the time to understand the nuances of each case, recognizing that every situation is unique. We meticulously examine all aspects, from the initial arrest and evidence collection to witness credibility. Our goal is to identify inconsistencies or errors in the prosecution's case that can be leveraged in your defense. We pride ourselves on our thoroughness and commitment to securing the most favorable outcome possible.
Assault Cases & Local Law Enforcement
In San Antonio, understanding how local law enforcement conducts investigations is integral to formulating an effective defense. Each department may handle assault allegations differently based on their protocols. Our assault attorney in San Antonio is adept at scrutinizing police procedures, ensuring your rights have not been violated during the investigation or arrest. We leave no stone unturned in verifying the accuracy and integrity of police reports and evidence collection, which can be crucial in challenging the prosecution's narrative.
If you are facing assault charges in Texas, don't navigate the legal system alone. Contact Hernández Dauphin Legal, PC today to schedule a consultation with our experienced assault defense attorneys.
Aggravated Assault Attorneys
Aggravated assault is much more serious and is charged as a felony. This involves causing “serious” injury or committing the offense using a weapon. Serious bodily injury involves a significant risk of death, permanent disfigurement, impaired function, or loss of a body part. It is punishable by two to 20 years in prison and a fine of up to $10,000.
Aggravated assault is elevated to a first-degree felony in other circumstances, such as when committed against a public servant, a witness to or an informant of a crime, or in domestic assault cases. It carries five to 99 years in prison and fines of up to $10,000.
Facing an aggravated assault charge can be daunting due to the severe penalties involved. At Hernández Dauphin Legal, P.C., we provide unparalleled legal support aimed at navigating these complex situations. Our team utilizes a wealth of experience and resources to challenge the evidence presented against you and highlight any procedural errors or violations of your rights. We collaborate with legal professionals and investigators to construct a compelling defense that aims to mitigate the charges or potentially dismiss them altogether, safeguarding your future and freedom.
Strategic Defense in Aggravated Assault Cases
Crafting a defense for aggravated assault requires a strategic and well-coordinated approach. As your assault attorney in San Antonio, we work closely with forensic experts to examine all aspects of your case, including weapon usage and injury severity. By questioning the reliability and credibility of evidence, we strive to dismantle the prosecution’s arguments. Our comprehensive approach means we pursue every viable avenue to expose weaknesses in the prosecution's case and argue for reduced charges or even dismissal, depending on the circumstances of your case.
Comprehensive Legal Support for Assault Charges in San Antonio
Assault is considered to be a crime of violence, which means that prosecutors and the courts take these charges very seriously. This is especially true if the alleged assault caused some type of injury or if a weapon was used during the crime. Depending on the circumstances, the crime of assault can be charged as either a misdemeanor or a felony. While other states differentiate between assault and battery, in Texas, assault and battery are terms for the same crime and are used interchangeably.
When charged with any type of assault, you will need aggressive and proven representation if you wish to secure the best possible result. At Hernández Dauphin Legal, P.C., you can work with proven professionals who bring exceptional criminal law backgrounds and skills to your aid. Juan Carlos Hernández and Christine Hernández share decades of experience that includes time spent in law enforcement, prosecution, and as judges. Thus, they have unique and insightful knowledge about how the system works and how courts operate. This can all be used to your advantage both inside and outside the courtroom.
The Importance of Local Knowledge
Having a profound understanding of San Antonio’s legal environment significantly influences the defense strategy. At Hernández Dauphin Legal, P.C., our intimate knowledge of local court processes, judging styles, and district attorney approaches informs our strategic decisions. We maintain robust relationships with local legal professionals and institutions, providing our clients with an edge in navigating complex legal waters. This local expertise means our assault lawyers in San Antonio are adept at anticipating and responding to prosecutorial strategies, ensuring the most aggressive defense possible.
The legal process surrounding assault charges can be intricate and overwhelming. Understanding the sequence of events from arrest to potential trial is crucial for anyone facing such charges. At Hernández Dauphin Legal, P.C., we guide you through each stage, ensuring that you are informed and prepared. Our assault attorneys pay attention to every detail, from the validity of arrest procedures to the admissibility of evidence, aiming to uncover any errors or unjust practices. We believe in empowering our clients with knowledge so they can make informed decisions about their legal pathways.
Frequently Asked Questions
What Should I Do If I Am Arrested for Assault in San Antonio?
If arrested for assault, it is crucial to remain calm and exercise your right to remain silent. Request to speak with an assault attorney from Hernández Dauphin Legal, P.C. immediately. Avoid discussing details of your case with anyone other than your lawyer, as statements can be used against you. Once our legal team steps in, we focus on protecting your rights and exploring the best defense strategies tailored to your case.
How Does Texas Penal Code Define Self-Defense?
Under Texas law, self-defense is justified when an individual reasonably believes that force is immediately necessary to protect themselves against another's use or attempted use of unlawful force. Our assault lawyers can provide guidance on whether your actions meet this legal threshold, gathering evidence and building a case that supports a self-defense claim where applicable.
What Are the Potential Penalties for Assault Convictions?
Assault convictions in Texas carry varying penalties based on the severity and circumstances. Misdemeanor charges may result in fines and jail time, while felony convictions bring harsher sentences, including long-term imprisonment. As an assault lawyer in San Antonio, we aim to minimize these penalties by challenging the evidence and negotiating with prosecutors for reduced charges or alternative sentencing.
Can Assault Charges Be Dismissed?
Yes, assault charges can be dismissed under certain conditions, such as insufficient evidence, violations of rights, or successful negotiations for lesser charges. The assault attorneys at Hernández Dauphin Legal, P.C. meticulously review every aspect of your case to identify opportunities for dismissal or significant reduction in charges, advocating fiercely on your behalf.
What Role Does Negotiation Play in Assault Cases?
Negotiation is a central component in many assault cases, potentially leading to reduced charges or alternative sentencing like community service or probation. Our legal approach leverages strong relationships with local prosecutors to advocate for favorable outcomes. We focus on constructive dialogue aimed at presenting mitigating factors effectively to negotiate the best possible resolution for your case.
Connect with Hernández Dauphin Legal, P.C. to arrange a free initial consultation with a San Antonio assault attorney at (210) 970-7019 or contact us online. Hablamos español.
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Mr. Hernández is an awesome attorney Rosie
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Professional and highly knowledgeable Douglas
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Christine is passionate about her job and clients Monica
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What Sets Our Firm Apart
- Compassionate and Understanding Legal Advocacy
- Free & Confidential Consultation On Your Case
- Personalized Approach & Attention To Each Case
- Over 4 Decades of Combined Experience
- Se Habla Español
- Our Attorneys Are Former Judges
