Facing an assault charge in Texas can be an intimidating and overwhelming experience. It is important to understand what happens during a trial so you can prepare and know what to expect. Assault charges can range from simple assault to aggravated assault, depending on the circumstances of the incident and the severity of the harm caused. Understanding the process and what may happen during a trial can help reduce some of the stress and confusion involved.
At Wilder Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
The Initial Court Appearance
After being charged with assault in Texas, the first step is typically an initial court appearance. This is also called an arraignment. At this point, you will hear the charges that have been filed against you, and you will have the opportunity to enter a plea. The plea options are usually guilty, not guilty, or no contest. If you plead not guilty, the case will move forward to trial. During this early stage, you will have the opportunity to seek legal representation. The importance of having a lawyer on your side cannot be overstated, as assault charges can carry serious consequences, including jail time and fines. Having a lawyer who understands Texas law will help you navigate the complexities of the case.
Pretrial Motions and Hearings
Before the actual trial begins, there are often pretrial motions and hearings. These steps are important because they allow both sides to prepare their arguments and address any legal issues that may arise. During this time, your lawyer might file motions to dismiss certain evidence or challenge aspects of the prosecution’s case. These pretrial hearings can play a significant role in shaping the outcome of the trial.
In addition, both the defense and the prosecution will engage in a process called discovery. Discovery is when both sides share the evidence they have collected related to the case. This can include witness statements, police reports, medical records, and any other relevant documents or information. Discovery ensures that both sides are fully informed of the facts and can prepare their cases accordingly.
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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Jury Selection
If your case proceeds to trial, one of the first steps will be selecting a jury. In Texas, assault trials are typically heard by a jury of twelve people. Jury selection is a critical part of the trial process because the jury will ultimately decide the outcome of the case. Both the defense and the prosecution will have a say in who is chosen to serve on the jury. During this process, lawyers from both sides will ask potential jurors questions to determine if they are suitable for the case. The goal is to select impartial jurors who can fairly evaluate the evidence without bias.
Opening Statements
Once the jury has been selected and seated, the trial will begin with opening statements. During opening statements, both the defense and the prosecution have the opportunity to present an overview of their case to the jury. The prosecution will usually go first, outlining the charges against you and explaining the evidence they plan to present. This will be followed by the defense’s opening statement, where your lawyer will explain your side of the story and what evidence will be presented in your defense.
It is important to remember that opening statements are not evidence. They are simply a preview of what each side expects to prove during the trial. The real evidence will come during the next phase of the trial when witnesses are called to testify.
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Witness Testimony and Cross-Examination
The heart of any trial is the presentation of evidence, and in an assault trial, this often involves witness testimony. Both the prosecution and the defense will call witnesses to testify in front of the jury. These witnesses might include the alleged victim, police officers, medical professionals, and other individuals who have relevant information about the incident.
During this phase, the prosecution will present their witnesses first. After the prosecution’s witnesses have testified, your lawyer will have the opportunity to cross-examine them. Cross-examination allows your lawyer to challenge the testimony of the witnesses and raise doubts about their credibility. This can be an important part of your defense strategy, especially if the witnesses’ accounts conflict with one another or if there are inconsistencies in their statements.
After the prosecution has finished presenting its case, it will be the defense’s turn to call witnesses. Your lawyer may choose to call witnesses who can support your version of events or provide an alibi. You may also be given the opportunity to testify in your own defense, although this decision will ultimately depend on your lawyer’s advice. Once the defense has presented its witnesses, the prosecution will have the opportunity to cross-examine them as well.
Closing Arguments
After both sides have finished presenting their evidence and witnesses, the trial will move into the closing arguments phase. Closing arguments give each side one final chance to address the jury and summarize their case. During closing arguments, the prosecution will review the evidence they have presented and try to convince the jury that you are guilty beyond a reasonable doubt.
The defense will then have the opportunity to make their closing argument. Your lawyer will highlight the weaknesses in the prosecution’s case and argue that the evidence does not support a guilty verdict. It is important to remember that the burden of proof in a criminal trial is on the prosecution, meaning they must prove your guilt beyond a reasonable doubt. If the defense can raise enough doubt in the minds of the jurors, you may be found not guilty.
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Jury Deliberation and Verdict
Once the closing arguments have been completed, the jury will begin their deliberations. Jury deliberation is when the jurors discuss the evidence and decide whether you are guilty or not guilty of the assault charge. The length of time it takes for the jury to reach a verdict can vary. Some juries may reach a decision quickly, while others may take several days to review the evidence and come to an agreement.
In order to convict you of the assault charge, the jury must reach a unanimous decision. If the jury cannot agree on a verdict, the judge may declare a mistrial, which could result in a new trial being scheduled. If the jury finds you not guilty, you will be acquitted of the charges, and the case will be over. However, if the jury finds you guilty, the case will move to the sentencing phase.
Sentencing
If you are found guilty of assault, the next step in the process is sentencing. During the sentencing phase, the judge will determine the appropriate punishment based on the severity of the offense, your criminal history, and any other relevant factors. The penalties for an assault conviction in Texas can vary widely depending on the specific circumstances of the case. For example, a conviction for simple assault might result in fines, community service, or probation. On the other hand, aggravated assault, which involves more serious injury or the use of a deadly weapon, can carry harsher penalties, including lengthy prison sentences.
In some cases, your lawyer may be able to argue for a more lenient sentence, especially if there are mitigating circumstances that might lessen the severity of the punishment. The sentencing phase is an important part of the trial process, and having a lawyer who understands the legal system and your rights is critical in ensuring that you receive fair treatment.
Appeals
If you are convicted of assault and believe that errors were made during the trial, you may have the option to appeal the verdict. An appeal is a legal process where a higher court reviews the trial to determine if any legal mistakes occurred that could have affected the outcome. Your lawyer can help you understand whether filing an appeal is a viable option and guide you through the process if you choose to pursue it.
Appeals can take time, and not all convictions are overturned, but it is important to explore every option available if you believe your rights were violated during the trial. The appeals process can be complex, so having a knowledgeable lawyer by your side is essential.
Facing an assault trial in Texas can be a daunting experience, but understanding the trial process can help alleviate some of the uncertainty. From the initial court appearance to the possibility of appeals, each step of the trial is important in determining the outcome of your case. Whether you are dealing with witness testimony, jury deliberation, or sentencing, being prepared and having a solid defense strategy can make a significant difference in the result.
If you are facing an assault charge, the Wilder Law Firm is here to help. With experience in Texas criminal law, we are dedicated to providing strong legal representation and fighting for your rights. Contact the Wilder Law Firm today to discuss your case and learn how we can assist you in navigating the legal process.