Felony & Misdemeanor Assault – Houston, TX
What Constitutes an Assault Crime in Texas?
Assault crime can be described as the use of force to injure, strike, or make offensive contact toward another person.
What’s the Difference Between Misdemeanor and Felony Assault?
An assault crime can be classified as either a misdemeanor or felony charge, depending on the seriousness and a few important factors including if the physical incident:
- Assault with Serious Bodily Injury: caused serious injury or permanent disfigurement
- Assault with a Deadly Weapon or Aggravated Battery: the alleged assaulter used a deadly weapon
- Aggravated Assault: alleged assault occurred while the accused was committing robbery, the victim was over 65 years of age, or the victim was disabled.
Enhancements: 1st, 2nd, and 3rd Degree Felony Assault
If any of these factors are proven true, the severity and degree of the assault crime can be enhanced. An enhanced felony assault class of the first, second, or third degree greatly increase the potential penalties, fines, and possible punishment for an assault conviction. It can increase the possible sentence for many years.
If you have been arrested for these charges in Houston, Texas, it is vital to contact a experienced and effective criminal lawyer to defend your rights. Violent crimes are punished harshly in the state of Texas.
Recently there has been great interest in the prosecution of assault in the household. In Harris County, an entire division of the District Attorney’s office is authorized to prosecute domestic violence, spousal and family abuse. Often times, these prosecutions are overzealous, and result in unnecessary protective orders.
Why Our Aggressive Defense Strategy Works
We vigorously present our client’s defense. We also insist that the prosecution prove its case. Because Ed Chernoff is a former prosecutor, he can anticipate the prosecution’s strategy and tactics. That means he is also quick to counter.
When the state’s evidence does not add up, we bring it to light.
We rigorously cross-examine the state’s witnesses and point out inconsistencies, exaggerations and lies in their testimony.
Our purpose is to establish a reasonable doubt requiring acquittal.
We are accomplished in obtaining dismissals and acquittals for our clients.
We urge you to contact Houston assault lawyer Ed Chernoff at Chernoff Law for a free confidential consultation.
If you were Charged with misdemeanor or felony assault with bodily injury in Texas, you need an experienced assault lawyer on your side in court. The consequences for a conviction are much greater than you might think. Especially if the alleged victim is a family member. Ed Chernoff is the founding attorney of Chernoff Law, and he has over 20 years of experience as a defending people charged with assault in the greater Houston area.
Many assault charges involve family members or conflicts in dating relationships. Emotions run high, things are said and done (often by both parties), the police are called, and from that point forward a conflict that might have been resolved in counseling becomes a criminal case.
The firm has many years of experience representing people charged with domestic violence, family assault, battery, or other assault charges. In fact, family assault is one of the major focus areas of our firm.
Texas Assault Laws, Penalties, & Fines
According to Texas Penal Code, Title 5, Chapter 22, the definition of domestic violence is the intentional harm of a family member or one in a dating relationship. The laws governing family violence, often take it out of the realm of assault and battery. Those charged with assault will likely face a Class A misdemeanor. Charges and punishments will get more serious depending on the nature and extent of the incident.
Protective Orders & Assault with Family Violence
The consequences of an assault conviction with proof of family violence can be far-reaching. One thing that commonly accompanies an incident of family or domestic assault is a magistrate’s emergency protective order. If there is a history of violence or there have been verbal threats, a protective order may be granted.
Violation of Protective Order – VOP Cases
Violating a protective order is serious. If you find yourself in this position, you need to contact a defense attorney experienced with VOP cases. Violations of protective orders can be punishable by fines up to $4,000 or possibly up to one year in jail. Of course, a temporary emergency protective order can be filed unnecessarily without any proof, which is why we are prepared to defend you in court and have the charges dropped before the protective order becomes permanent.
Dealing with the Consequence of a Family Assault 911 Call
Because of numerous high-publicity trials involving wife-beating celebrities, there appears to be a zero tolerance policy toward family assault. A call to 911 sets a series of events in motion that are quickly outside of the control of the people engaged in the dispute.
Because most people charged with domestic assault have seldom or never had a previous criminal charge, they don’t understand what will happen after a call is made to the police.
What Happens After You’re Charged with Assault?
One of the common consequences that occur after an assault charge is a temporary or permanent restraining order, also known as a protective order. If a protective order is filed against you, it will prevent you from living in your own home, from freely visiting your children, and from being in locations where you and your partner previously socialized.
An assault conviction will be on your criminal record and can interfere with finding employment or getting security clear for a job, getting an apartment, and will prevent you from legally owning a gun or hunting rifle.
Contact Assault Lawyer Ed Chernoff
You deserve the best legal representation to protect your freedom and reputation. At Chernoff Law, our defense lawyers for assault charges will thoroughly investigate and prepare your case for trial—and fight hard to protect your rights, your freedom, and your family. For sound advice and defense after an assault, aggravated assault, or assault with a deadly weapon arrest, call us today.