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Second-degree assault in Midland is a felony, and the prosecution pursues these charges aggressively. If you have been accused of second-degree assault, it is important that you contact a skilled criminal defense attorney as soon as possible. An assault lawyer could examine your case and help determine an effective defense strategy.
Defining Second-Degree Assault
The primary difference between first-degree and second-degree felonies is who the accused individual committed the alleged act against. Does the assault involve a stranger at a bar or a uniformed police officer during a traffic stop? The police officer situation would be a first-degree felony. The stranger at a bar would be a second-degree felony.
Assault on police officers are treated more seriously because officers are a protected class, but the fact alone that someone is an officer does not necessarily protect them. If a police officer is at the bar, but they are off-duty, they would not be protected in that situation. If an officer was on official police duty when they were assaulted, then they would be part of the protected class.
Aggravated assault could be either first-degree or second-degree assault depending on the factors surrounding the case.
Role of Intent
In the initial assault definition, which is found under the Texas Penal Code 22.01, an individual has to intentionally, knowingly, or recklessly cause bodily injury. Intent is taken into consideration, but oftentimes one would know that their actions could cause serious harm. For example, if an individual is driving on the sidewalk and hits someone, that could fall under that category of an assault. Intent does play a role in these cases, but it is not the only factor that can determine whether or not an event is considered assault.
Consequences for Second-Degree Assault
Second-degree assault in Midland is a second-degree felony, which is punishable by 2-20 years in prison and a fine of up to $10,000.
There is not that big of a difference between the long-term consequences of second-degree assault convictions and those of first-degree assault convictions. All it boils down to is an individual is going to be a convicted felon, and a felony conviction can have serious impacts on a person’s life.
Prosecuting an Assault Case
Prosecutors need to prove the elements of assault in a second-degree assault case. They are going to use all the evidence they can against an accused individual. Some questions the prosecutor will attempt to answer in a case could be:
- Did an individual intentionally, knowingly, or recklessly caused bodily injury to another person?
- If it is aggravated assault, did an individual use a weapon to cause serious bodily injury?
- If it is an assault on a police officer, did an individual know the person or reasonably was a police officer?
The prosecution has to think about a number of factors in order to prove a case.
Defenses Against Assault Charges
Attorneys use anything available to them to refute the prosecution’s evidence in second-degree assault cases. A defense attorney will look at several elements of a case, including:
- Who started the conflict
- The relationship between the parties involved
There are a number of things to look at with second-degree assault in Midland, and it is hard to put all the defenses into one lump sum. It is important to hire an attorney that can look at all these different factors and see which one will be best to defend the client.
Contacting a Midland Assault Attorney
Second-degree assault in Midland is a serious accusation, and an assault conviction can have serious consequences in your life. If you are facing allegations of assault, contact a seasoned assault lawyer and set up a consultation.