Facing assault by contact charges in Texas can feel overwhelming and confusing. If you are dealing with this situation, it is natural to feel a mix of fear, uncertainty, and worry about what comes next. You might be unsure of how to proceed or what your rights are. We want you to know that you are not alone in this journey. An experienced attorney understands the emotions that come with being charged and can guide you through the legal process with care and understanding.
What Is Assault by Contact in Texas
Assault by contact in Texas is a legal term that refers to physical contact made with another person when it is offensive or provocative. Unlike more severe types of assault, this charge does not necessarily involve injury or harm. The focus is on the nature of the contact and whether it was intentional and unwelcome.
For example, touching someone in a way they find offensive, such as shoving or poking, could lead to this charge. Even if no physical pain is caused, the perception of the contact as inappropriate can result in legal consequences. Understanding the law surrounding this charge is important because many people do not realize that seemingly minor actions can lead to criminal charges.
The Legal Definition Under Texas Law
Texas law defines assault by contact as intentionally or knowingly causing physical contact with another person when the contact is known to be offensive or provocative. This falls under the Texas Penal Code Section 22.01. The contact must be deliberate, and the person charged must reasonably understand that their actions could be seen as offensive.
While this may sound straightforward, legal interpretations can vary. Each case depends on the specific circumstances and evidence presented. Sometimes, misunderstandings or misinterpretations can lead to these charges, even when the intent to offend was not present.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
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Consequences of an Assault by Contact Charge
An assault by contact charge is often classified as a Class C misdemeanor in Texas, which carries penalties such as fines. However, the charge can escalate to a more serious offense if aggravating factors are present. For instance, if the alleged victim is an elderly person, a public servant, or a family member, the penalties may increase significantly.
Even if the charge is a misdemeanor, the consequences can extend beyond fines. A criminal record can affect your personal and professional life, leading to difficulties in finding employment or housing. Additionally, the stigma associated with an assault charge can strain relationships and impact your reputation. It is important to address these charges promptly to minimize their potential impact on your future.
Defending Against Assault by Contact Charges
If you are facing an assault by contact charge, it is essential to understand that you have rights and options for defense. Many factors can influence the outcome of your case, including the evidence against you, the intent behind the contact, and whether the alleged victim perceived the contact as offensive.
Common defenses in these cases may involve proving that the contact was accidental or that the alleged victim misunderstood the intent. Additionally, showing that there is insufficient evidence to support the charge can lead to a dismissal or reduction of the charges. Having a knowledgeable attorney by your side can help ensure that your defense is presented effectively and that your side of the story is heard.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.” - Forrest Davis I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited." - Steve Ak My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results." - Rudy Castanon
The Importance of Legal Representation
When dealing with assault by contact charges, navigating the legal system on your own can be challenging. The laws surrounding assault can be complex, and the stakes are high. An attorney can help you understand the charges against you, explain the potential outcomes, and develop a strategy tailored to your situation.
A skilled attorney will examine the details of your case, identify weaknesses in the prosecution’s argument, and work to protect your rights at every stage. Whether negotiating with prosecutors for a favorable outcome or representing you in court, having professional legal assistance can make a significant difference in the result of your case.
Understanding the Impact on Your Record
Even though assault by contact is typically classified as a Class C misdemeanor, it is still a criminal charge, and being convicted can have long-lasting effects. A criminal record can affect your future job prospects, limit your ability to travel, and even harm your personal relationships. In Texas, a conviction could lead to a permanent record unless expunged. Expunging a criminal record can be a complicated and lengthy process, so avoiding a conviction altogether should be a priority.
Your criminal history might also affect other aspects of your life, such as your ability to own firearms or secure loans. Employers often conduct background checks, and a conviction for assault by contact can negatively impact your chances of getting hired. This is why it’s important to understand the full scope of consequences and to fight the charge with the help of a dedicated attorney.
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What Happens During the Legal Process
The legal process for an assault by contact charge in Texas begins when charges are filed. After you are formally charged, your case will proceed to court. There may be opportunities for pre-trial motions, including requests for dismissal or plea negotiations. Plea deals are often offered by prosecutors in exchange for a guilty plea, but accepting such a deal should not be done without first consulting an attorney.
Your attorney can help you decide if a plea bargain is in your best interest or if it would be better to fight the charge in court. Trials can be lengthy and costly, but in some cases, it may be the best option to protect your rights. During a trial, your lawyer will work to prove that the evidence against you is insufficient or that your actions were not criminal. A well-prepared defense can make all the difference in securing a favorable outcome.
Taking the First Step Toward Resolution
If you have been charged with assault by contact, taking prompt action is crucial. The sooner you consult with an attorney, the better equipped you will be to handle the case. Early intervention allows your attorney to gather evidence, speak to witnesses, and explore all available defenses. This proactive approach can increase your chances of achieving a favorable resolution.
Facing legal charges can be daunting, but you do not have to face them alone. At Wilder Law Firm, we are committed to helping you navigate this challenging time with confidence and support. Our goal is to provide you with the guidance you need to protect your rights and pursue the best possible outcome for your case. Contact us today to learn how we can assist you in moving forward.