Assault (Domestic Violence)
Being charged with an allegation of assault is a serious matter and necessitates the attention of a practiced attorney. Assault is defined as ‘an unlawful physical attack on another’ with the two main classifications in the state of Texas being misdemeanor and felony. Accusations of assault can occur from a number of different circumstances and often coincide with divorce and custody cases. An assault conviction can be crippling in such legal battles and can impede the preservation of various civil rights without proper legal representation.
Misdemeanors
Production of evidence of drawn blood or broken bones from the complaining witness is not necessary and misdemeanor assault convictions can be secured so long as the prosecution can prove pain has been inflicted.
Misdemeanor assault charges can arise from actions including:
- Slapping
- Scratching
- Pushing
- Kicking
- Hair-pulling
- Punching
Convictions of misdemeanor assault can result in up to one year in county jail and/or $4,000 in fines.
Felonies
Felony assault charges occur when injuries to the complaining witness are to a higher degree of severity and/or when the use of a deadly weapon is involved. An assault charge can be classified as a felony even if a weapon is exhibited and no contact is made.
Deadly weapons encompass numerable objects with potential to inflict bodily harm and include:
- Brass knuckles
- Baseball bats
- Hammers
- Knives
- Guns
- Motor vehicles
Convictions of felony assault charges can result in up to 20 years in a state prison and up to $10,000 in fines.
Consensual combat, self-defense and absence of witnesses are often issues that prosecutors encounter in cases involving accusations of assault. Shane Lewis is familiar with domestic violence procedure in Tarrant County and surrounding areas and is experienced in building a strong case for your defense. Contact our office today for your free initial consultation.
