Assault consists of behavior that may injure another person, threaten another person, or create a situation of unwanted contact. Assault charges can take on many different forms and frequently stem from situations in which an argument between parties becomes escalated.
When it comes to being charged with assault, whether it is a misdemeanor or felony charge, a conviction for either can significantly tarnish a person’s background, leaving the individual vulnerable to long-term difficulties with obtaining gainful employment, and securing rights to one’s children in a custody dispute, among other concerns.
Accusations of physical, violent crimes are seen by many to be indicative of aggressive individuals who can put others at great risk of danger if not dealt with firmly within the legal system. That being said, it is particularly important that, if you have been charged with assault in Midland that you contact a Midland assault lawyer as early as possible in advance of your upcoming trial. An experienced defense attorney can ensure your rights are protected and a strong defense is built.
Classification of Assault Charges
In Texas, assault charges can either be classified as misdemeanors or felonies. When it comes to the lesser misdemeanor charge, there are two classifications into which misdemeanor assault can fall, Class C, also known as Simple Assault, or Class A. The more serious of the two, Class A means that one individual has inflicted some kind of bodily harm to another. To illustrate the difference between a Class C and Class A misdemeanor assault offense, the case of someone who is merely pushed, yet sustains no injury is considered a Class C misdemeanor. However, someone who is pushed and sustains some sort of alleged injury, whether it is visible or not, is considered to have suffered from a Class A assault offense.
Felony assault, commonly known as aggravated assault, contrasts with misdemeanor assault charges in that it alleges serious bodily injury occurred. In charging a defendant with felony assault, prosecutors are asserting that they have reason to believe that the bodily injury that occurred ran the risk of causing the accuser’s death, serious permanent disfigurement, or impairment or loss of the function of any bodily member or organ.
A broken bone is the most common reason for a charge of assault to be upgraded from a misdemeanor to a felony. As an aside, any assault of any sort on a person legally classified as an officer, is seen as a felony regardless of whether the offense was aggravated or not. No matter a misdemeanor or felony, it is crucial that any individual accused contact a Midland assault attorney as soon as possible to begin preparing a defense.
Defending Against Assault Charges
When an assault lawyer is approached by a client facing either misdemeanor or felony charges, they will work with the client to develop a strong defense strategy to respond to allegations that are being made against the accused. Among the many strategies that may be employed, self-defense is perhaps the most common one.
When it comes to arguing self-defense, a Midland assault attorney will elicit the important details of the case, taking care to make note of details that support the claim that the accuser was the aggressor and not the defendant. In doing so, the attorney can lay claim to the fact that the defendant was merely defending themselves against potential bodily harm when the alleged assault took place.
When it comes to assault charges that are waged against an individual for stepping in to protect a third party from potential bodily harm, an argument for the defense of others can be made. In this case, defending one’s property falls under the auspice of this justification of force. These defenses can be effectively employed with the use of a knowledgeable Midland assault attorney.
Contacting an Attorney
Whether you have been charged with a misdemeanor or felonious assault in Texas, the harsh, unwritten lifelong penalties associated with being convicted of assault have a lasting effect. That being said, it is important that you meet with a Midland assault attorney to discuss the details of your case to determine the best strategy for defending yourself against these charges.