If you are facing assault charges in Texas or dealing with the aftermath of an assault incident, you might feel overwhelmed and uncertain about what lies ahead. At Wilder Law Firm, we understand how confusing and stressful this situation can be. Whether you have been accused of assault or have been injured in an assault, we are here to guide you through the complexities of the law. In particular, if your case involves a charge of serious bodily injury, it is crucial to understand what this term means under Texas law. This blog will explain what constitutes serious bodily injury, how it impacts assault cases, and how we can assist you in seeking a favorable outcome.
What Is Serious Bodily Injury in Texas Law?
Texas law takes assault offenses very seriously, and the consequences of a conviction can be severe, especially when the injury inflicted is deemed “serious.” Serious bodily injury refers to injuries that create significant, lasting damage to the victim. This term is defined by the Texas Penal Code and has important implications for the severity of the charges you might face.
In essence, serious bodily injury includes injuries that pose a substantial risk of death, cause permanent disfigurement, or lead to the loss or impairment of the function of any bodily member or organ. For example, injuries such as a broken bone that may require surgery or severe lacerations that lead to scarring or loss of function are considered serious bodily injuries. In these types of cases, the assault charge will be treated more seriously, with harsher penalties if the accused is convicted.
Why Serious Bodily Injury Matters in Assault Cases
The distinction between a regular assault charge and one involving serious bodily injury is extremely important. Texas law provides different levels of assault charges based on the nature of the injury caused to the victim. While simple assault typically involves minor injuries or the threat of harm, an assault that results in serious bodily injury is classified as a more serious crime, often leading to felony charges.
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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The key factor in determining whether an injury is considered serious is the severity of the harm it causes. If an assault results in serious bodily injury, the offender can face enhanced penalties. For example, a simple assault charge might result in a misdemeanor, but if the victim sustains serious bodily injury, the charge can escalate to a second-degree felony, which carries the possibility of significant prison time and large fines.
The Role of Medical Evidence in Serious Bodily Injury Cases
In assault cases involving serious bodily injury, medical evidence plays a pivotal role in determining the extent of the injury and the severity of the charges. Doctors and other medical professionals will often be called to testify in court about the victim’s condition, the treatment required, and the long-term effects of the injury. The more severe the injury, the more likely it is that the prosecution will argue for a felony conviction. If you are facing charges in a case involving serious bodily injury, it is crucial to have strong legal representation to counter the medical evidence and build your defense.
Defending Against Assault Charges Involving Serious Bodily Injury
If you have been accused of causing serious bodily injury during an assault, your legal team will work tirelessly to ensure that your rights are protected. One of the most important aspects of defending against such charges is challenging the prosecution’s evidence. This might involve questioning the severity of the injury, showing that it was not caused by the alleged assault, or arguing that it was accidental or unintentional. Your defense lawyer may also explore possible mitigating factors that could reduce the severity of the charges or penalties.
Additionally, your defense team may challenge the intent behind the assault. Texas law requires that the defendant intentionally or recklessly cause harm to the victim for an assault charge to be valid. If your actions were not intentional or if the injury was caused due to self-defense or another legal justification, your attorney can work to have the charges reduced or dismissed altogether.
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 Penalties for Serious Bodily Injury in Texas Assault Cases
The penalties for assault resulting in serious bodily injury can be severe. As mentioned, a simple assault is typically a misdemeanor, but when the victim suffers serious bodily injury, the charge can become a felony. A second-degree felony in Texas carries a sentence ranging from two to twenty years in prison, in addition to potential fines that can reach up to $10,000. If the assault was particularly egregious, such as an assault on a public servant or someone protected under the law, the penalties can increase further.
Because of the serious nature of these charges, it is crucial to have an experienced lawyer who can help you navigate the legal system, understand your rights, and work towards the best possible outcome. With a skilled attorney, you may be able to reduce the charges, minimize the penalties, or even secure a favorable verdict.
How We Can Help You with Your Assault Case
At Wilder Law Firm, we understand that facing assault charges, especially those involving serious bodily injury, is a challenging and frightening experience. We are committed to providing compassionate, dedicated, and aggressive representation to help you through this difficult time. Whether you are seeking to defend yourself against a serious bodily injury charge or are looking for guidance after being injured in an assault, we are here to support you every step of the way.
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Our team of experienced attorneys can help you understand the charges you are facing, explore potential defense strategies, and fight for the best possible result. We work closely with medical professionals, investigators, and other specialists to gather the necessary evidence to support your case. We are committed to making sure your voice is heard and ensuring that your rights are protected throughout the legal process.
If you are facing an assault charge in Texas involving serious bodily injury, or if you have been injured in an assault, do not hesitate to reach out to us. At Wilder Law Firm, we are here to help you understand your legal options and work towards the best possible outcome. Let us guide you through this difficult time and provide you with the representation you deserve.