Aggravated assault falls into both categories for first-degree and second-degree assault, depending on the factors surrounding the case. An example of a second-degree assault is when an individual may get angry at someone and causes injury to the other person or uses a weapon in the commission of an assault. This would typically be considered a felony, which is going to carry serious penalties.
If you have been charged with committing a second-degree assault offense, contact a Denton second-degree assault lawyer who could evaluate your case and build a viable defense for you. Call an experienced assault attorney today to get started.
Primary Difference Between First and Second-Degree
The identity of the alleged victim will determine whether a person will face a first-degree or second-degree felony. If someone assaulted a police officer, then they would be charged with a first-degree felony. Assaulting a public servant, spouse, child, or significant other is going to result in a first-degree charge. If the individual assaults a regular citizen, then they will probably be charged with a second-degree felony.
Intent’s Role in Second-Degree Assaults
Intent does play a role in the charge of assault, however, there could be other factors that could qualify as an assault which is addressed in the Texas Penal Code 22.01. Texas law states that an individual has to intend, know, or recklessly cause bodily injury to another person. This means that if a person is throwing knives in a public place, they may not be trying to hit someone but if they do, they could be charged with assault. This is because the individual throwing knives was acting in a reckless way that caused a bodily injury to another person.
Penalties for Aggravated Assault
Penalties for a second-degree assault felony are severe, which is why it is essential to obtain the services of a second-degree assault attorney in Denton. A person charged with second-degree assault is looking at a punishment of two to 20 years in prison and up to a $10,000 fine. The consequences of a second-degree assault charge can have long-term implications. A convicted felon cannot legally possess a firearm, they also could be barred from voting, and the criminal offense can affect employment.
Prosecutors Burden of Proof
Prosecutors are going to use all the evidence they can against a person charged with second-degree assault. There are several aspects of the case that the prosecutors are going to have to look at in order to get a conviction. If it is a regular assault, the prosecutors have to prove that an individual intentionally, knowingly, or recklessly caused bodily injury to another person. If the charge is an aggravated assault, they have to verify that the person used a weapon to cause a bodily injury. When a person is charged with assaulting a police officer, the prosecutors have to prove that the person knew or should have known the person they assaulted was an officer.
How a Denton Second-Degree Assault Attorney Could Help
A Denton second-degree assault lawyer is going to use everything that is available to them that is within reason. An attorney will do an investigation to ask witnesses and see if there is a video of the alleged assault. Some possible mitigating defenses could be if the defendant was acting in self-defense.
When someone is facing assault charges, it is imperative that they hire an attorney who can look at all the different factors of the case and figure out which option is the best for a defense. Contact a seasoned lawyer today to see how legal counsel could help.