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Secrets of the Texas Criminal Justice System and Your Rights
The consequences of an assault conviction can be severe, including significant jail terms and high fines. An assault conviction also can create a permanent criminal record that can adversely impact your future. Contacting a Collin County assault lawyer in this situation can be essential to protecting your rights.
To build the strongest defense possible in your case, you may need the services of a highly qualified defense lawyer. An adept legal representative can protect your rights and interests throughout any dealings that you have with the criminal justice system.
Simple Assault in Collin County
Simple assault in the state of Texas is a broad offense that covers a range of behaviors, including threatening to inflict harm, spitting, and causing serious bodily injuries to others. Regardless of the outcome of the incident, Tex. Pen. Code § 22.01 may classify the behavior as assault, which is a Class A misdemeanor offense.
A conviction for simple assault can result in a jail sentence of up to one year and a $4,000 fine. There are collateral consequences of a simple assault conviction as well. A person with an assault conviction may have difficulty obtaining employment or housing. A Collin County assault attorney could help those facing allegations of assault fight the charges.
Circumstances Resulting in Felony Offenses
There are circumstances in which simple assault can result in felony charges. For instance, the charge becomes a third-degree felony if the subject of the assault is a public servant who is in the course of discharging official duties. Potential penalties for a third-degree felony conviction may include a prison sentence ranging from two to ten years and a $10,000 fine.
Other situations in which simple assault becomes a third-degree felony include those in which the subjects of the assault are family or household members and the accused has a previous conviction for domestic assault or commits the assault through strangulation or suffocation. It also applies when the subjects of the assault are correctional or mental health facility employees and the assault occurs in the course of them exercising their official duties.
Simple assault also can become a second-degree felony if the subjects of the assault are peace officers or judges who are performing their official duties. Since second-degree felony charges can result in years in prison and thousands of dollars in fines, the advice of an assault attorney in Collin County may be helpful.
What Counts As Aggravated Felony Assault?
Tex. Pen. Code § 22.02(a)(1)-(2) establishes aggravated assault as a felony offense that occurs when individuals use or exhibit a deadly weapon or cause serious bodily injury to another in the course of committing an assault. Under Tex. Pen. Code § 1.07(46), serious bodily injuries include:
- Fatal injuries
- Injuries that cause a substantial risk of death
- Permanent disfigurement
- Impairment or loss of function of any limb or organ
Aggravated assault is a second-degree felony, which can result in a prison term of two to 20 years, a maximum $10,000 fine, and the loss of the various civil rights. In some situations, such as if persons use a deadly weapon to cause serious bodily injury to certain family or household members, the charge can be elevated to a first-degree felony. A first-degree felony conviction can result in a prison term ranging from five to 99 years.
Defending Against Allegations with a Collin County Assault Attorney
Being charged with assault is often a frightening and unanticipated event that can have consequences for years to come. Work to minimize the impact of these charges on your life by enlisting the help of a Collin County assault lawyer at an early point in your case.
Legal counsel may be able to help you protect your future. When the stakes are high, getting legal advice can be essential to your case. Call today to get the advice you need.