Assault Lawyer – Houston, Texas.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/6″][vc_single_image image=”7101″][vc_row_inner][vc_column_inner][gap height=”20″][vc_column_text]- Former Prosecutor.
- Former Counsel for the Police Union.
- Board Certified Criminal Law Specialist.
- “…one of the outstanding criminal defense attorneys in Houston…”-Houston Chronicle.
- ⭐️⭐️⭐️⭐️⭐️Rating on Google, Yelp, and Avvo.
- Aggressive Assault Criminal Defense Lawyers.
With over fifty years of combined assault criminal defense experience our family operated, nationally recognized assault lawyers are dedicated to providing you with high-quality solutions using innovative assault defense.
Contact us now!
(713) 568-7011
[/vc_column_text]3200 Travis, 4th Floor Houston, TX 77006
[/vc_column_text][gap height=”20″][vc_column_text css=”.vc_custom_1453229009706{border-top-width: 1px !important;border-right-width: 1px !important;border-bottom-width: 1px !important;border-left-width: 1px !important;border-left-color: #000000 !important;border-left-style: solid !important;border-right-color: #000000 !important;border-right-style: solid !important;border-top-color: #000000 !important;border-top-style: solid !important;border-bottom-color: #000000 !important;border-bottom-style: solid !important;}”] [/vc_column_text][vc_single_image image=”2023″ img_size=”medium” onclick=”custom_link” link=”http://http://www.bbb.org/houston/business-reviews/attorneys-and-lawyers-criminal/adamo-and-adamo-in-houston-tx-22005163/”][/vc_column][vc_column width=”2/3″][vc_column_text]Assault Lawyers – Assault Related Offenses:
Assault – Tex. Pen. Code 22.01
Family Violence – Tex. Pen. Code 22.01
Aggravated Assault – Tex. Pen. Code 22.02
Injury to Child, Elderly, Disabled Individual – Tex. Pen. Code 22.04
Abandoning/Endangering a Child – Tex. Pen. Code 22.041
Deadly Conduct – Tex. Pen. Code 22.05
Terroristic Threat – Tex. Pen. Code 22.07
Aiding Suicide – Tex. Pen. Code 22.08
Tampering with consumer product – Tex. Pen. Code 22.09
Leaving a child in a vehicle – Tex. Pen. Code 22.10
Harassment of a Public Servant – Tex. Pen. Code 22.11
Harassment – Tex. Pen. Code 42.07
Stalking – Tex. Pen. Code 42.072
Disorderly Conduct – Tex. Pen. Code 42.01
What is assault?
In Texas assault is defined as a PERSON who INTENTIONALLY, KNOWINGLY, or RECKLESSLY causes BODILY INJURY to another, including the person’s spouse.
In order for the government to successfully prosecute they must prove each above listed element beyond a reasonable doubt.
The offense of family violence also falls into this category. Often litigated is the element of intentionally.
What does “Intentionally, knowingly, or recklessly” mean?
– Intentionally = conscious objective or desire to engage in the conduct or cause the result.
– Knowingly = awareness conduct is reasonably certain to cause the result.
– Recklessly = aware but disregards the result will occur.
The government can prove their case using any one of the three culpable mental states, if proven beyond a reasonable doubt. Your skilled assault lawyers will prepare an in-depth investigation in defending your assault charges.
How much trouble am I in?
The most common question for a assault lawyers is “I have been charged with (X), will I go to prison?” Assault Lawyers, familiar with the system, will be able to explain all your options to you. While the goal is always to achieve the best result possible, each case is different and presents a different way to achieve that goal. Below are the punishment ranges for certain assault crimes. The punishment ranges do not reflect the potential outcome of your case.
There are many different crimes that fall under assaultive offenses and many different punishment ranges.
Assault Lawyers – Punishment Ranges
Class C Misdemeanor (i.e. similar to a traffic ticket): punishable up to a $500 fine.
Assault resulting in contact that is regarded as ‘offensive’ or ‘provocative’.
Class A Misdemeanor: punishable up to one year in county jail and/or up to a $4,000 fine.
3rd Degree Felony: punishable from 2 – 10 years in prison and/or up to a $10,000 fine.
- Assault + against a public servant performing duties;
- Assault + member of household + prior conviction involving – homicide, kidnapping, aggravated kidnapping, indecency with a child, assault, continuous violence against the family;
- Assault by choking;
- Assault + against security officer;
- Assault + against emergency services personnel;
- Assault + correctional/detention officer.
2nd Degree Felony: punishable from 2-20 years in prison and/or up to a $10,000 fine.
- Assault + member of household + prior conviction involving – homicide, kidnapping, aggravated kidnapping, indecency with a child, assault against a member of household + by choking.
- Aggravated Assault = A person commits an assault and either causes serious bodily injury to another, including the person’s spouse, or uses or exhibits a deadly weapon during the commission of the assault.
1st Degree Felony: punishable from 5 – 99 years in prison and/or up to a $10,000 fine.
- Assault + deadly weapon + serious bodily injury + member of household;
- Assault + deadly weapon or serious bodily injury + the actor is a public servant acting under his/her office;
- Assault + deadly weapon or serious bodily injury + against a public servant performing duties;
- Assault + deadly weapon or serious bodily injury + witness;
- Assault + deadly weapon or serious bodily injury + security officer performing duties;
- Assault + serious bodily injury + in a motor vehicle + discharges firearm + at a house
Enhancement: An assault committed in a disaster area or evacuation area may be increased one punishment level. For example, a 3rd Degree Felony becomes a 2nd Degree Felony. If you are charged with a Class A misdemeanor the minimum confinement is enhanced to 180 days.
What is Bodily Injury?
Bodily Injury means physical pain, illness, or any impairment of physical condition.
Officers often ask the victim/complainant if they felt ‘pain’ or are ‘hurt’. It is an element of the state’s case. No pain, no convictions. Our lawyers have questioned alleged victims in admitting there was no pain.
If you are involved in an assault contact your assault lawyers prior to police arriving on scene.
What is a deadly weapon in Texas?
Texas defines a deadly weapon as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting serious bodily injury; or anything that in the manner of its use is capable of causing death or serious bodily injury. Texas has said a car for example, can be a deadly weapon.
Under Texas law, a conviction with a deadly weapon finding results in the person having to serve at least one half of their prison sentence before they are eligible for release.
The victim/complainant does not want to prosecute; will the District Attorney dismiss the case?
Not necessarily. While this may help the accused, the district attorney will continue to prosecute the case. If the victim or complainant is not willing to testify, your assault lawyers will evaluate whether the state can make their case without the testimony and push for a dismissal.
The victim/complainant wants to sign an affidavit of non-prosecution; will the District Attorney dismiss the case?
Not necessarily. While this may help the accused, the district attorney may continue to prosecute the case.
The judge said something about an emergency protective order (EPO); what is that?
The emergency protective order is issued against the accused by the magistrate at the arraignment hearing. The protective order may:
- Evict the accused from their residence for sixty (60) days;
- Prohibit the accused from possessing a firearm;
- Prohibit the accused from communicating directly with the protected person or a member of the household/family in a threatening or harassing manner;
- Prohibit the person from going to or near the person’s residence or place of employment, or business of a member of the family or household or of the person protected under the order; or the residence, childcare facility, or school where a child protected under the order resides or attends.
Your assault lawyers may be able to have protective order conditions amended as needed.
What happens if I violate the Emergency Protective Order (EPO)?
Violation of the emergency protective order results in a separate criminal offense and is a Class A misdemeanor. If the violation is the result of additional family violence or stalking offense, the act may be prosecuted as a felony. Your assault attorneys should explain what will and will not violate the protective order.
Can I be ordered NOT TO HAVE ANY CONTACT with my wife or children?
An emergency protective order by itself cannot prohibit the arrested person from making non-threatening communication or contact with the protected person. However, nothing prevents the magistrate form making an additional ‘no-contact’ condition of bail.
Can I get the protective order modified, changed, or dismissed?
Yes. The court that issued the protective order can modify the original conditions at the request of your assault lawyers or the state.
How long is the Emergency Protective Order in effect?
Not less than thirty-one (31) days and not more than sixty-one (61) days.
If the court issues a final protective order, it may last for two (2) years.
I have a concealed handgun license; can I still carry a gun?
The court can suspend a license to carry a concealed handgun. Further, the court can prohibit an accused from possessing a firearm while the case is pending This is done either through bond conditions or an emergency protective order (EPO).
I am not a U.S. Citizen; can I be deported?
Maybe. If the case is dismissed or you are found not guilty you are unlikely to be deported. However if you are found guilty or enter a plea of guilty (including deferred adjudication or probation), deportation is possible. Additionally re-entry into the United States may be denied after an arrest, even if the case has not gone to trial.
Note: Assaultive Offenses include assault, sexual assault, aggravated assault and sexual assault, injury to a child, elderly, or disabled individual, abandoning or endangering a child, deadly conduct, terroristic threat, aiding suicide, tampering with consumer product, leaving a child in a vehicle, harassment by persons, and harassment of public servant.
But I acted in Self-Defense?
You may have. Under the law you are justified in using self-defense if you “reasonably believe” the force is immediately necessary to protect yourself. Generally, you may not provoke the other person, and then claim self-defense. If self-defense is an issue, your assault lawyers will walk you through it.[/vc_column_text][/vc_column][vc_column width=”1/6″][vc_custom_heading text=”Assault Lawyers – The Truth” font_container=”tag:p|text_align:center|color:%23000000″ google_fonts=”font_family:Cinzel%3Aregular%2C700%2C900|font_style:400%20regular%3A400%3Anormal” css=”.vc_custom_1455307925221{border-top-width: 1px !important;border-right-width: 1px !important;border-bottom-width: 1px !important;border-left-width: 1px !important;border-left-color: #000000 !important;border-left-style: solid !important;border-right-color: #000000 !important;border-right-style: solid !important;border-top-color: #000000 !important;border-top-style: solid !important;border-bottom-color: #000000 !important;border-bottom-style: solid !important;}”][vc_video link=”https://youtu.be/7OncPgBsPoI”][vc_custom_heading text=”Assault and Protective Orders” font_container=”tag:p|text_align:center|color:%23000000″ google_fonts=”font_family:Cinzel%3Aregular%2C700%2C900|font_style:400%20regular%3A400%3Anormal” css=”.vc_custom_1454610182906{border-top-width: 1px !important;border-right-width: 1px !important;border-bottom-width: 1px !important;border-left-width: 1px !important;border-left-color: #000000 !important;border-left-style: solid !important;border-right-color: #000000 !important;border-right-style: solid !important;border-top-color: #000000 !important;border-top-style: solid !important;border-bottom-color: #000000 !important;border-bottom-style: solid !important;}”][vc_video link=”https://youtu.be/AR5_4CVoMkE”][vc_custom_heading text=”Criminal Defense” font_container=”tag:h4|text_align:left|color:%23000000″][divider style=”line” color=”#1e73be” size=”3px”][vc_widget_sidebar sidebar_id=”sidebar-page”][/vc_column][/vc_row]