Assault can result in charges anywhere from a Class C misdemeanor to a first-degree felony. A Class C misdemeanor is only going to result in a fine of up to $500, but other levels of charges can include more expensive fines and imprisonment. Getting charged with assault can also affect the offender’s job and future employment. This is why it is important to contact a determined assault attorney if you are facing Denton assault penalties.
Prosecution’s Burden of Proof
The prosecutor’s case has to meet all the elements of whatever offense they are saying the individual committed. If they are saying the defendant made some unwanted contact with someone or the accused intentionally made some unwanted contact with someone, the prosecutors have to prove that.
It is important to remember that a person has to intentionally or knowingly cause the contact. For example, a public bus makes a sudden stop and a person makes unwanted contact with someone else. That person did not mean to make the contact, it was just the laws of physics that caused it.
Enhancement of Penalties
A basic assault is when an individual causes some immediate apprehension to someone, they threatened someone with immediate bodily harm or bodily injury, or they made unwanted contact with the person. This is typically going to result in a Class C misdemeanor charge.
There are two common situations that could potentially bump up a charge from a Class C to a Class A or Class B. If an individual made unwanted contact against an elderly or disabled person, they would be charged with a Class A misdemeanor. A Class A misdemeanor is going to carry charges of one year in jail and up to a $4,000 fine.
Another aggravating factor for Denton assault penalties is if the person has committed this crime before. For example, a person is accused of assaulting a spouse or significant other, which would normally be a Class A misdemeanor, but because this is their second arrest for this offense then the charge would be bumped up to a felony. Some other aggravating factors could be if drugs and/or a weapon is involved.
Sometimes there are programs available for an individual facing Denton assault penalties that can give them a second chance. These programs are usually geared more toward younger offenders and first offenders. An experienced attorney could possibly help the defendant take part in one of the diversion programs. However, this is going to depend on specific circumstances of the case. It is also worth mentioning that just because a person is a first time offender without other priors, it does not mean they are going to get these programs. The lawyer is going to have to show the prosecutors why the defendant deserves to be in the diversion programs, which is it is important to contact a seasoned lawyer.
Contacting a Denton Assault Attorney
When someone is facing Denton assault penalties, they should call a lawyer as soon as possible. This allows the attorney to gather the facts of the case to begin working on a defense. Also, a lawyer can talk to the authorities to prevent the defendant from incriminating themselves. If you are facing charges, seek legal counsel immediately. Work with a capable assault lawyer that could devote the time and resources necessary to achieve a positive outcome for you.