In Texas, being accused of assault carries significant weight, and it’s crucial to understand the different levels of this offense and the potential consequences. Please continue reading as we explore the differences between first- and second-degree assault charges and how a determined Dallas Assault Lawyer can provide valuable assistance during these difficult times.
What’s the Difference Between First- and Second-Degree Assault Charges in Texas?
In Texas, assault is defined as intentionally, knowingly, or recklessly causing bodily injury, threatening another with imminent bodily harm, or intentionally or knowingly causing unwanted ot offensive bodily contact. However, your charges can be elevated to aggravated assault if serious bodily injury, a deadly weapon, or certain other aggravating factors are present.
Texas law distinguishes between first- and second-degree assault based on the severity of the injuries and the perpetrator’s intent. First-degree assault typically involves the intention to inflict significant physical harm, frequently with a deadly weapon, and can encompass assaults on certain protected individuals or public servants. Second-degree assault, though still a felony, may involve less severe injuries or a careless disregard for safety, potentially including assault where a deadly weapon is used but serious bodily injury does not result.
Second-degree assault is punishable by fines of up to $10,000 and between two and twenty years of imprisonment. First-degree assault carries fines of up to $10,000 and five years to life in prison. You should note that aggravated assault can be charged as a first-degree felony when a person uses a deadly weapon and causes serious bodily injury against a family member, a public servant, or a witness.
Are Any Defenses Available?
Given the potential penalties for a felony assault charge in Texas, it’s in your best interest to enlist the help of an experienced criminal defense lawyer. They can help safeguard your rights and explore the defense strategies you may be able to utilize during these challenging legal matters.
One of the most common defenses against first- and second-degree assault is self-defense. This can be raised if you can demonstrate that you used force to protect yourself or another person from an imminent threat of harm. You must prove that the level of force employed was proportionate to the threat.
In addition, you may argue mistaken identity if you have a solid alibi or argue that the defendant did not intend to cause harm or place the victim in fear of harm. When proving innocence seems unlikely, your lawyer may negotiate with the prosecution to reduce the charges. In such situations, you may plead guilty to a reduced charge and a lighter sentence.
Contact Spangler Law today to discuss your rights and potential defenses.
