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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 and 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 with impeding the airway. That is a new statute in Texas. This is applicable if someone is choked and even if it is the first domestic assault case that has ever happened for 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, and 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 who can begin building your defense. A skilled defense attorney will be able to protect your rights and help fight your accusations.
Difference from First-Degree Assault
The primary difference of 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 with first-degree. There is also mens rea which is basically 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 and would require the help of a Lubbock second-degree assault attorney.
In order 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 ae going to charge a deadly weapon, they have to be able to prove that it was used and was actually a deadly weapon under the code.
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 basically means the conduct was not intentional, it was below what a reasonable person would do and act in a reckless manner without disregard. A person can have an intentional charge or a person can have a non-intentional or reckless charge.
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. The ranges can vary, but a skilled second-degree assault attorney in Lubbock will be able to help prepare for a case and the potential penalties and build a defense.
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 as 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.