Being accused of aggravated assault in Texas is a serious and life-altering event. The ramifications of such an accusation can be overwhelming, and it is crucial to understand the steps you should take to protect your rights and build a robust defense. Texas law defines aggravated assault as an attack that causes serious bodily injury to another person or involves the use of a deadly weapon. The penalties for aggravated assault can be severe — including long-term imprisonment, hefty fines, and a permanent criminal record. Knowing what to do if you find yourself in this situation can make a significant difference in the outcome of your case.
Understanding Aggravated Assault Charges in Texas
Before diving into the steps you should take, it is essential to understand what constitutes aggravated assault under Texas law. The Texas Penal Code outlines that aggravated assault occurs when an individual causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of an assault. Serious bodily injury is defined as injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The use of a deadly weapon, such as a firearm or knife, during an assault also elevates the offense to aggravated assault. This crime is typically classified as a second-degree felony, but it can be elevated to a first-degree felony under certain circumstances, such as if the victim is a public servant or if the assault is committed in furtherance of gang activity.
Immediate Steps to Take Following an Accusation
If you are accused of aggravated assault, the first and most important step is to remain calm. It is natural to feel a rush of emotions, including fear and anger, but maintaining composure is crucial. Immediately seek legal representation. Contacting a criminal defense attorney as soon as possible can provide you with guidance on how to proceed and ensure that your rights are protected from the outset. Do not speak to law enforcement or any other parties about the incident without your attorney present. Anything you say can be used against you in court, and it is important to have legal counsel to navigate these conversations.
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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Gathering Evidence and Building Your Defense
Once you have secured legal representation, work closely with your attorney to gather evidence that supports your defense. This may include obtaining witness statements, collecting any physical evidence from the scene, and gathering documentation that can demonstrate your innocence or provide context to the incident. Your attorney will also help you understand the charges against you, the potential penalties, and the legal strategies that can be employed in your defense. It is important to be transparent with your attorney and provide all the information they need to build the strongest possible defense.
Understanding Your Rights and the Legal Process
Understanding your rights and the legal process is essential when facing an aggravated assault charge. You have the right to remain silent and the right to an attorney. Exercise these rights to avoid inadvertently incriminating yourself. Your attorney will guide you through the legal process, which may include arraignment, pre-trial hearings, plea negotiations, and potentially a trial. Each stage of the process presents opportunities for your attorney to advocate on your behalf and challenge the evidence presented by the prosecution.
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
Developing a Strong Defense Strategy
Developing a strong defense strategy is critical in an aggravated assault case. There are several defenses that may be applicable depending on the circumstances of your case. Self-defense is a common defense, which argues that you were protecting yourself from imminent harm. Defense of others or property may also be viable defenses if you were acting to protect someone else or your property. Another possible defense is lack of intent, where you argue that you did not intend to cause serious bodily harm or use a deadly weapon. Your attorney will analyze the facts of your case to determine the best defense strategy.
Navigating Plea Bargains and Trial
In some cases, your attorney may negotiate a plea bargain with the prosecution. A plea bargain involves agreeing to plead guilty to a lesser charge in exchange for a reduced sentence. This can be a strategic decision to avoid the uncertainty of a trial and potentially harsher penalties. However, it is important to carefully consider the terms of any plea deal and discuss the potential consequences with your attorney.
If a plea bargain is not in your best interest, your case may proceed to trial. During the trial, your attorney will present evidence, cross-examine witnesses, and argue your defense to the judge or jury. The goal is to create reasonable doubt about your guilt and secure a favorable verdict.
The Importance of Character Witnesses
Character witnesses can play a significant role in an aggravated assault case. These are individuals who can testify to your character, behavior, and reputation in the community. Character witnesses can provide a positive image of you to the court, which can be beneficial in both plea negotiations and at trial. Your attorney will help identify suitable character witnesses and prepare them to testify on your behalf.
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Managing the Emotional Impact
Facing an aggravated assault charge can be emotionally taxing. The stress and anxiety of the legal process, coupled with the potential consequences, can take a toll on your mental health. It is important to seek support from friends, family, or a mental health professional. Managing your emotional well-being can help you stay focused and engaged in your defense. Additionally, maintaining a positive and proactive attitude can have a beneficial impact on how you are perceived by the court.
Preparing for Sentencing
If you are convicted of aggravated assault, the next phase is sentencing. The judge will consider various factors, including the severity of the offense, your criminal history, and any mitigating circumstances. It is important to present a compelling case during the sentencing phase to potentially reduce the severity of the penalties. Your attorney will help prepare a sentencing strategy, which may include presenting evidence of your good character, contributions to the community, and any efforts at rehabilitation.
Exploring Post-Conviction Options
Even after a conviction, there are still legal options available. Your attorney can help you explore post-conviction relief, such as filing an appeal. An appeal is a request to a higher court to review the case for legal errors that may have affected the verdict or sentence. Successful appeals can result in a new trial, a reduced sentence, or even a dismissal of the charges. Additionally, there may be opportunities for expungement or sealing of your criminal record in the future, which can help mitigate the long-term impact of a conviction.
The Role of a Criminal Defense Attorney
Throughout the entire process, from accusation to potential post-conviction relief, the role of a criminal defense attorney is invaluable. An experienced attorney provides the legal experience, strategic planning, and advocacy needed to navigate the complexities of the criminal justice system. They can protect your rights, challenge the prosecution’s evidence, and work towards the best possible outcome for your case. Having a dedicated and knowledgeable attorney by your side can make a significant difference in the resolution of your aggravated assault charge.
Defend Your Rights Contact Us Today
If you or a loved one is accused of aggravated assault in Texas, it is imperative to take immediate and informed action. The Wilder Firm is here to provide the legal support and defense you need during this challenging time. Our experienced criminal defense attorneys understand the gravity of aggravated assault charges and are committed to protecting your rights and fighting for your future. Contact The Wilder Firm today to schedule a consultation and begin building a robust defense. Your future depends on the actions you take now, and we are here to help you every step of the way.