Dallas Assault Charges Attorneys

Dallas Assault Charges Lawyers

An assault is a very serious criminal offense. If convicted on assault charges, you could face harsh consequences, including the loss of your freedom. Texas has a notoriously harsh criminal justice system. Unfortunately, it is not uncommon for defendants to be wrongfully charged with assault.

If you or your loved one has been arrested for assault in Dallas, Fort Worth or the surrounding communities in North Texas, you need to seek professional assistance now. The sooner you reach out to an aggressive Dallas criminal defense lawyer, the sooner your lawyer can protect your rights and build your defense.

At Kraft & Associates, P.C., our Dallas assault charges lawyers have more than 45 years of experience with providing quality representation to clients in Texas. We know how the system works, and we know how to protect our clients. If you or your family member was charged with assault in Texas, contact our law firm for a free and private initial consultation.

Types of Assault Charges in Dallas

The three primary actions that qualify as assault in Texas are:

• Recklessly or intentionally causing injury or physical harm to another person
• Intentionally making a credible threat of physical harm
• Intentionally making physical contact with another person in a provocative or offensive manner.

Texas law (Penal Code Chapter 22) provides for six “classes” of assault charges – three in the misdemeanor range and three in the felony range. Those charges, in order of severity, are:

Misdemeanor Assault

• Class C – An offensive or provocative touch or threat that results in no physical injury is typically charged as a class C misdemeanor offense. In Texas, this crime carries a fine of up to $500.

• Class B – A relatively uncommon charge, a class B misdemeanor assault is an offense that is reserved solely for sports. If a non-participant (fan) attacks a participant, including a referee or official, they could be charged with a class B misdemeanor offense.
• Class A – In Texas, a class A misdemeanor assault is one that results in physical harm to the victim. Notably, if the victim is a senior citizen or disabled, the perpetrator can be charged with a class A misdemeanor even if the victim did not suffer any physical harm. The maximum punishment for this charge is a $4,000 fine and up to one year in jail.

Felony Assault

• Third Degree – A third-degree felony assault is relatively similar to a class A misdemeanor assault. The charge is upgraded to a third-degree felony if the victim was a family member, romantic date, public official, security guard or emergency services worker. This is a serious criminal offense. It could carry a penalty of up to 10 years in prison.
• Second Degree – A second-degree felony is also often referred to as “aggravated assault.” The prosecution must prove that the defendant used or brandished a deadly weapon or caused serious bodily injury to the victim. The crime carries a maximum penalty of 20 years in prison.
• First Degree – A first-degree felony assault is an aggravated assault that occurs against certain protected parties. Those parties include law enforcement officers, public servants and criminal witnesses. In Texas, a conviction for a first-degree felony carries a maximum penalty of life in prison.

What Defenses Can You Raise to an Assault Charge?

As in all criminal cases, the prosecutor has the burden of proof. To convict someone of assault, a prosecutor must present evidence which establishes the person’s guilt beyond a reasonable doubt. Texas law also allows defendants in assault cases to raise certain affirmative defenses. Those defenses include the following:

• Mistaken identity – Unfortunately, serious assault charges are sometimes brought against the wrong party. This is most frequently an issue in crowded scenes, where there may be a misunderstanding as to who actually committed the offense.
• Self-defense – You have a basic right to defend yourself against harm or violence. To use this defense, you must demonstrate that you had a credible fear of harm and had no reasonable chance to escape the situation.
• Protection of others – You also have a right to protect others. The requirements for this defense are similar to the requirements for self-defense
• Mental illness or lack of capacity – Mental illness could result in charges being dropped or reduced.

Ultimately, the proper defense strategy in your case will depend entirely on the specific circumstances surrounding your assault charges. At Kraft & Associates, our top-rated Dallas criminal defense lawyers always conduct a thorough investigation of every case in order to explore all available possibilities.

How Can a Lawyer Help If You Are Charged with Assault in Dallas?

No matter the specific situation, our Dallas assault charges defense lawyers will work tirelessly to pursue the bst possible outcome for you and your family. To start, we will take immediate steps to get you or your family member released from prison while the criminal case is still pending. Next, we will make sure that you have a comprehensive understanding of the charges against you and the potential ramifications of a conviction.

Our law firm will review all evidence and identify any problems with the prosecution’s case. Some examples include:

• An illegal arrest
• Lack of a Miranda rights warning
• Lack of witnesses
• False or misleading evidence.

With full information in hand, we will work to build the best defense strategy. We can fight the charges or pursue other available options. Those options could include seeking a reduction in the charges or penalties or alternative sentencing options. We know Texas law, and we know how to work with prosecutors and pursue the best results for our clients.

Get Help Today from a Dallas Assault Charge Attorney

At Kraft & Associates, we have provided quality criminal defense services to clients in Dallas and Fort Worth for nearly five decades. If you were arrested and charged with assault in Dallas, we are prepared to meet with you immediately to start working on your legal defense strategy. To schedule your free, fully confidential criminal defense consultation, please do not hesitate to contact our Dallas, TX law office today.