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Second-degree assault in Lubbock is an aggravated assault with a deadly weapon or it is aggravated assault with serious bodily injury. A person can also have a second-degree assault in an area dealing with alcohol which would be considered an intoxication manslaughter case. This is defined under the intoxication statute but also deals with the assault. Also, a person can have the second degree of a domestic assault charge in Lubbock impeding the airway. That is a new statute in Texas. This is applicable if someone is choked. Even if it is the first domestic assault case that has ever happened to the defendant. It can be filed as a second-degree felony.
There are a variety of offenses that could illicit a second-degree assault charge. The penalties for each charge vary in range but will be serious nonetheless. If you are facing charges, you need to contact a second-degree assault attorney in Lubbock. Somebody who can begin building your defense. A skilled defense attorney will be able to protect your rights and help fight your accusations.
Difference between First-Degree Assault
The primary difference between a second-degree assault charge compared to a first-degree is the range of punishment a person can receive. For a second-degree assault, the most a person can get is 20 years, compared to a life sentence for a first-degree. There is also mens rea which is a legal term meaning the person did not necessarily intend to assault another but was intentionally reckless with their behavior and with a deadly weapon and the assault unintentionally occurred. A person could still be charged with second-degree assault under those circumstances. This would require the help of a Lubbock second-degree assault attorney.
To prove a second-degree assault. Prosecutors will have to prove going to have to show the assault itself. The touching, the unwanted or bodily injury, or serious bodily injury. They will need to prove that the action was committed intentionally and knowingly. Or if it was the action a result of recklessness. If they are going to charge a deadly weapon. They have to be able to prove that it was used and was a deadly weapon under the code.
The intent is knowingly or intentionally committing the assault. Where a person is aware of their actions and the repercussions it would cause. Reckless assault is a lower burden and means the conduct was not intentional. It was below what a reasonable person would do and act recklessly without disregard. A person can have an intentional charge or a person can have a non-intentional or reckless charge.
Penalties for Second Degree Assault
The range of punishment is not less than two years in the penitentiary, up to 20 years in the penitentiary. If there is a deadly weapon finding. A person has to do at least one-half of the time that the person is assessed. Day per day before they would even be eligible for parole. Second-degree assault cases are heard in the Lubbock County Courthouse.
In many ways, penalties are similar to first-degree. Meaning both of them are potentially felony convictions and both of them are potential trips to the penitentiary. The difference is if a person is assessed a jail sentence, how long the jail sentence is. Because the max on a second degree is up to 20 years in prison, up to life. A skilled second-degree assault attorney in Lubbock will be able to help prepare for a case. As well as potential penalties and build a defense.
Second Degree Assault Defenses
Potential defenses can be made by discovering if the act was self-defense. A defense of others, a defense of a third party. Or even if it was some sort of mutual combat case. Then, a Lubbock second-degree assault attorney must look at the areas of abusive mitigations. Such as a defense of heat of passion. Attorneys often use mitigation. In terms of mitigation, it is important to clarify the current status of the accused. This would be if they were in counseling or treating potential issues like substance abuse.