In Texas, first-degree assault charges is a felony and can carry serious consequences. Someone charged with a first-degree assault offense could be facing a fine of $10,000 and a potential life sentence. If you have received a first-degree assault charge, seek the services of a well-established defense attorney. A Denton first-degree assault lawyer could fight by your side and build a defense for your case.
Defining First-Degree Assault
There are a number of different scenarios that can qualify an offense as first-degree assault. One way is aggravated assault if it is shown that an individual has been convicted before.
Aggravated assault is causing bodily injury with the use of a deadly weapon. This is typically a second-degree felony. However, if an individual causes serious bodily injury to that person and the relationship is defined by the Family Code—boyfriend, girlfriend, spouse, children— that could bump the charge up to a first-degree felony or if they commit the act against the public servant or someone they should have known is a public servant.
Assaulting a Public Servant
A public servant is usually defined as someone employed by the government like a police officer. If an individual knows another person is acting as a security officer regardless of whether or not they are in uniform, it can still classify as assaulting a public servant. For example, an off-duty officer wearing a polo at a golf tournament to make sure nothing gets out of hand is still regarded as a public servant.
A nurse in the emergency room could fall into the category of a public servant. A nurse may not be the first occupation one thinks of when it comes to a public servant, however, like an officer, a nurse can be considered a public servant.
Defenses for First-Degree Assault
The defense strategy for a first-degree assault charge depends on the many different factors of the case. A Denton first-degree assault lawyer will look to see if the alleged assault was an act of self-defense. Every assault case is a case-by-case basis but self-defense is the most commonly used one.
For example, if an individual used a knife to stab someone causing a serious bodily injury. This would more than likely result in a first-degree felony, but a self-defense could come into play if the other person was charging with a baseball bat at the individual with the knife.
A recent trial in Texas involved an individual shooting an officer after the SWAT raided the person’s house and threw a flashbang. The individual was charged with a first-degree assault felony, however, because of the disorientation associated with a flashbang, the defendant ended up getting acquitted of the charges. This is why it is essential for someone to obtain the services of an experienced defense attorney.
Consulting a First-Degree Assault Lawyer in Denton
First-degree assault cases are heard in the Denton County district courts. Most of the time, all felonies are heard in district courts. It is vital that when someone is going to court to have a well-established attorney who could ensure that their rights are being protected. If you have been charged with assault, call a Denton first-degree assault lawyer today to see how legal counsel could help.