What started as a fun night with friends took a sudden turn.
A misunderstanding spiraled out of control, and now you’re facing assault charges with your entire future hanging in the balance.
Many questions can pop into your mind, like how to get out of an assault charge. Can aggravated assault charges be dropped? Can assault with a deadly weapon charges be dropped or reduced?
The good news? With aggressive defenses and legal representation from a skilled San Antonio, Texas assault defense lawyer, you can fight these charges and take control of your future.
Get started with a free consultation by calling (210) 455-1000 or filling out our online form today.
Hire A Qualified Defense Attorney
If you want to know how to beat an assault charge in Texas, your first step is securing a skilled defense attorney. Our experienced assault defense lawyer understands the complexities of Texas law and will design a personalized defense strategy that effectively addresses the specifics of your case.
Your attorney provides many critical services, including the following:
- Investigate every detail. From reviewing evidence to uncovering inconsistencies in witness statements, we leave no stone unturned as we comb through all the evidence in your case. We will also look for law enforcement errors that could support a motion to suppress critical evidence.
- Cross-examine witnesses. Skillfully questioning witnesses can expose inconsistencies or biases in their testimony.
- Leverage expert testimony. In some cases, expert witnesses can challenge the prosecution’s claims, such as proving the injuries were not caused by you.
- Negotiate for reductions or dismissals. Depending on the circumstances, your attorney can work to reduce charges to lesser offenses, secure alternative sentencing, or get the prosecutor to dismiss the case entirely.
- Defend your rights in court. If your case goes to trial, your lawyer knows how to conduct all aspects of your trial. They will build a strong defense, skillfully question witnesses, present persuasive arguments, and zealously protect your rights throughout the trial—giving you the best chance of an acquittal.
A knowledgeable attorney ensures you don’t face this battle alone and fights for the best possible outcome.
Understanding Assault Charges
In Texas, assault charges cover a wide range of offenses, from minor disputes to serious allegations involving bodily harm.
Texas law defines assault as occurring when someone:
- Intentionally, knowingly, or recklessly causes bodily injury to another;
- Threatens another with imminent bodily injury; or
- Engages in physical contact they know or should know the other person would find offensive or provocative.
The severity of assault charges is influenced by several factors, including the presence of a weapon, your relationship with the accuser, and the specific circumstances of the incident.
Penalties can range from fines for Class C misdemeanors to life imprisonment for first-degree felonies.
Common Defenses Against Assault Charges In Texas
To beat an assault charge, you’ll need a defense strategy that fits the facts of your case. Here are some of the most effective assault charge defenses.
Mistaken Identity
Eyewitnesses often make mistakes. Establishing an alibi or demonstrating that you weren’t involved can lead to a dismissal of charges.
Self-Defense
This could be a valid defense if you acted to protect yourself or another person from immediate danger. Texas law allows reasonable force to defend against an imminent threat.
Defense Of Property
Defending your property from theft or damage can also be used as a defense against assault allegations. For example, shoving someone to stop them from vandalizing your car could be justified under certain circumstances.
Consent
If the alleged victim agreed to the physical contact, such as during a consensual fight, this can be a strong defense. The person must give consent voluntarily and without any coercion. And if the person is intoxicated or incapacitated, they cannot legally give consent.
Lack Of Intent
Accidents happen. If the physical contact or harm was unintentional, you may argue that there was no intent to commit an assault.
Each of these defenses to assault requires thorough investigation, evidence gathering, and skilled advocacy to be effective.
Can An Assault Charge Be Dropped Or Reduced?
Yes, under certain conditions, any level of assault charge can be dropped or reduced.
Prosecutors may dismiss charges if:
- They lack sufficient evidence to prove the allegations beyond a reasonable doubt,
- The alleged victim recants their statement or refuses to cooperate, or
- Your attorney negotiates a resolution such as a pretrial diversion program.
But, if the prosecutor will not entirely dismiss the case, what can an assault charge be reduced to? Your lawyer can work to get charges downgraded to lesser offenses, such as disorderly conduct or harassment, resulting in lighter penalties.
In more serious cases like aggravated assault, sentencing reductions depend on mitigating factors, like having no prior criminal history or the lack of serious injuries.
The Critical Role of Evidence In Defending Against Assault Charges
Evidence plays a crucial role in any assault defense.
Here are some of the key types of evidence your attorney will examine:
- Surveillance footage and other video evidence to contradict witness claims or solidify your story;
- Medical records to help determine the extent and cause of injuries; and
- Witness statements and testimonies from those present who can confirm your account or provide alternative perspectives.
A strong defense relies on diligent evidence review and strategic use in court.
Protecting Your Future Against Assault Charges
An assault charge can feel like a tidal wave, threatening to sweep away your life and reputation. But you have a lifeline. At Fowlks Law Firm, we believe in turning the tide.
With our compassionate and skilled representation, we help you:
- Get through the legal process,
- Build a strong defense, and
- Fight for the best possible outcome.
Contact us online or call (210) 455-1000 today for a free, confidential consultation, and let us put our experience, tenacity, and zealous advocacy skills to work for you.
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Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
