Houston Assault & Aggravated Assault Defense Lawyer

Are you or a loved one facing assault charges in Houston? You’re likely sitting at home, your mind racing, replaying the events that led to this moment. The fear of the unknown grips you – what will happen to your job, your family, your future? The weight of uncertainty feels crushing. You’re not just facing legal charges; you’re facing a potential upheaval of your entire life.

But in this moment of darkness, there’s hope. You’re not alone, and your story doesn’t end here. At Benavides Law Group, we understand the fear, stress, and uncertainty that come with criminal charges.

Our dedicated team, led by Houston assault and aggravated assault defense lawyer Eric Benavides, is here to stand by your side, protect your rights, and fight tirelessly for your future.

We’ve walked this path with many others, and we’re ready to walk it with you. From the moment you reach out to us, you no longer face this alone. We’ll stand by your side, protect your rights, and fight tirelessly for your future.

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Why Choose Benavides Law Group for Your Houston Assault Defense?

When you’re facing assault charges in Houston, choosing the right attorney can make all the difference. At Benavides Law Group, we offer a unique combination of local experience and proven results that sets us apart from other law firms.

Our deep understanding of Houston’s legal landscape gives you a distinct advantage in court, backed by a history of successful outcomes in assault cases, including dismissals, reduced charges, and acquittals.

We recognize that legal issues don’t always happen during business hours, which is why we offer 24/7 availability to our clients. To get started, we provide a free initial consultation – a no-obligation case evaluation to discuss your situation and potential defense strategies. Choose Benavides Law Group, and you choose a dedicated team committed to protecting your rights and future.

Understanding Assault Charges in Texas

Texas law takes assault charges seriously, with penalties ranging from misdemeanors to severe felonies. Assault falls under Chapter 22 of the Texas Penal Code. Your lawyer should have experience with cases involving these statutes to effectively fight these charges. Let’s take a closer look at the law.

Simple Assault (Class A Misdemeanor)

In Texas, simple assault is defined as intentionally, knowingly, or recklessly:

• Causing bodily injury to another person.
• Threatening another person with imminent bodily injury.
• Causing physical contact with another that the offender knows or reasonably should know the other will regard as offensive or provocative.

Key points:

• Bodily injury can be anything that causes pain, even without visible marks.
• A simple push or shove that causes pain can be charged as assault.

Punishment: Up to 1 year in county jail and a fine of up to $4,000

Aggravated Assault (Second Degree Felony)

• Aggravated assault charges arise when the alleged assault involves:
• Causing serious bodily injury to another person.
• Using or exhibiting a deadly weapon during the commission of the assault.

Important details:

• Serious bodily injury creates a substantial risk of death or causes permanent disfigurement or loss/impairment of body function.
• A deadly weapon can be anything that, in its manner of use, is capable of causing death or serious bodily injury.

Punishment: 2-20 years in prison and a fine of up to $10,000

First Degree Felony Aggravated Assault

Certain circumstances can elevate aggravated assault to a first-degree felony:

• Using a deadly weapon and causing serious bodily injury to a family member or intimate partner.
• Assaulting a public servant in retaliation or while they’re performing their duties.
• Assaulting a security officer engaged in their job.
• Assaulting a witness or informant who reported a crime.
• Committing the assault as a public servant acting in an official capacity.
• Engaging in a drive-by shooting with reckless disregard for occupied buildings or vehicles.

Consequences:

• Punishment: 5-99 years in prison and a fine of up to $10,000
• Potential life sentence in extreme cases

The Larger Impact of Assault Charges in Texas

An assault charge can turn your life upside down in an instant. When prosecutors file those charges, it’s as if a storm descends upon every aspect of your life, leaving no stone unturned. The ripple effects of an assault accusation can be far-reaching and profound, touching not just your immediate circumstances, but potentially altering the entire course of your future.

Criminal Penalties

First and foremost, the specter of jail time looms large. The possibility of losing your freedom, even briefly, can terrify you. You might lie awake at night, imagining the cold confines of a cell, separated from everything and everyone you hold dear.

Alongside this, the prospect of hefty fines threatens your financial stability. Your hard-earned savings, perhaps earmarked for a home, your children’s education, or your retirement, could be drained instantly.

But the consequences don’t stop there. A criminal record isn’t just a mark on a piece of paper; it’s a shadow that can follow you for years, potentially for life. It can slam doors shut before you even have a chance to knock. Job applications, housing requests, loan applications – all of these can become exponentially more difficult with an assault charge on your record.

Professional and Personal Relationships

Your professional life, which you’ve worked so hard to build, suddenly stands on shaky ground. You might find yourself facing the very real possibility of losing your current job. Future employment opportunities that once seemed within reach may now feel like distant dreams. The career path you’ve carefully cultivated could be derailed, forcing you to reassess your entire professional trajectory.

Then there’s your reputation – that intangible yet invaluable asset that you’ve built over years of living in your community. An assault charge can tarnish it in an instant.

You might find yourself the subject of whispers and sidelong glances, feeling the weight of judgment from people who once greeted you warmly. The relationships you’ve cultivated with neighbors, colleagues, and acquaintances may suddenly become strained or distant.

Perhaps most painfully, these charges can strain your closest relationships. Family and friends, the very people you turn to in times of crisis, might find themselves grappling with doubt or confusion. The bonds of trust that you’ve built over years can be tested. If you have children, the situation becomes even more complex. You might face custody issues, with the charge being used as leverage to limit your time with your kids.

Citizenship Concerns

For those who aren’t U.S. citizens, the stakes are even higher. Assault charges can have severe immigration consequences, potentially jeopardizing your ability to stay in the country you’ve come to call home. The life you’ve built here, along with all your hopes and dreams for the future, could be at risk.

Why You Need an Experienced Houston Defense Attorney

At Benavides Law Group, we’ve seen firsthand how these charges can affect individuals and families. We’ve witnessed the sleepless nights, the strained relationships, the careers hanging in the balance. We understand that an assault charge doesn’t just impact the accused – it sends shockwaves through entire families and communities.

That’s why we’re committed to providing aggressive, compassionate defense for Houston residents facing assault allegations. We see beyond the charge to the human being affected by it.

Remember, an accusation is not a conviction. At Benavides Law Group, we’re ready to stand with you, fight for you, and help you reclaim the life you’ve worked so hard to build.

We have a proven track record of defending Houston residents against assault charges. Our comprehensive approach includes:

Thorough Case Analysis

• Detailed review of police reports and witness statements
• Examination of physical evidence and medical records
• Analysis of surveillance footage or other digital evidence

Independent Investigation

• Interviewing witnesses the police may have overlooked
• Gathering additional evidence to support your defense
• Consulting with experts when necessary (e.g., medical professionals, forensic specialists)

Exploration of All Possible Defenses

• Self-defense
• Defense of others
• Lack of intent
• Mistaken identity
• Consent (in certain circumstances)
• Alibi
• Insufficient evidence
• Violation of constitutional rights during arrest or investigation

Negotiation with Prosecutors

• Leveraging evidence and legal arguments for reduced charges
• Seeking dismissals when appropriate
• Exploring alternative sentencing options (e.g., diversion programs, probation)

Aggressive Courtroom Advocacy

• Skilled cross-examination of prosecution witnesses
• Persuasive presentation of defense evidence
• Compelling arguments to judges and juries

Client Support and Communication

• Regular updates on case progress
• Explanation of legal options in clear, understandable terms
• Emotional support and guidance throughout the legal process

Houston-Specific Defense Strategies

At Benavides Law Group, we understand that effectively defending assault charges in Houston requires more than just legal knowledge.

Our deep roots in the local legal community allow us to tailor our defense strategies to the unique aspects of Houston’s legal landscape:

• Local Court Procedures: We know the Houston and Harris County court systems, understand individual judges’ tendencies and preferences, and know local rules and customs that can impact your case.
• Prosecution Tendencies: Our team has insight into the strategies of Harris County prosecutors, awareness of current priorities and policies of the District Attorney’s office, and good working relationships with prosecutors that can facilitate negotiations.
• Community Factors: Work with a local criminal defense lawyer who understands Houston’s diverse neighborhoods and cultural contexts, knows local crime trends and law enforcement practices and can contextualize cases within the broader Houston community.
• Alternative Resolution Programs: We know about Harris County’s diversion and rehabilitation programs, allowing us to advocate for client participation in appropriate alternatives to traditional prosecution.
• Local Resources: Your lawyer has developed connections with Houston-area experts for case consultation or testimony and knows about community programs that can support rehabilitation efforts.

Common Types of Assault Cases We Handle

At Benavides Law Group, we have experience defending against assault charges in Houston.

Some common cases we handle include:

• Bar Fights and Public Altercations: Often involve issues of self-defense or mutual combat; may require analysis of security camera footage or witness accounts.
• Domestic Violence Allegations: These charges can arise from misunderstandings or false accusations and often involve complex family dynamics and emotional factors.
• Road Rage Incidents: May involve charges of assault with a motor vehicle; often require careful examination of witness statements and traffic camera footage.
• Workplace Conflicts: Can result from miscommunications or heightened-stress environments. May involve employment law considerations alongside criminal defense.
• Sports-Related Assaults: Allegations of excessive force during athletic competitions. Often require analysis of the specific rules and norms of the sport in question
• Assaults Involving Law Enforcement: This may include charges of resisting arrest or assaulting a police officer and may involve issues of excessive force or violation of civil rights.
• Assaults Related to Mental Health Issues: Cases where the defendant’s mental state may be a factor; may involve exploration of treatment options as part of the defense strategy.
• Juvenile Assault Cases: Require understanding of Texas’s juvenile justice system. Focus on rehabilitation and minimizing long-term consequences
• Gang-Related Assault Allegations: These may involve complex investigations and multiple defendants. Often requires challenging prosecution evidence and witness credibility.
• Assaults Involving Weapons: Can lead to enhanced charges and penalties and may involve Second Amendment issues or questions of weapon classification.

The Legal Process for Assault Charges in Houston

Understanding the legal process can help alleviate some of the stress and uncertainty you may be feeling. Here’s an overview of what you can expect:

Arrest and Booking

• You may be arrested at the scene or later based on a warrant.
• You’ll be processed at a local jail and may have the opportunity to post bail.

Initial Appearance/Arraignment

• You’ll appear before a judge who will inform you of the charges.
• Bail may be set or reviewed at this time.
• You’ll have the opportunity to enter an initial plea (typically «not guilty»).

Pre-Trial Proceedings

• Your attorney will receive and review evidence from the prosecution (discovery).
• There may be pre-trial motions to suppress evidence or dismiss charges.
• Plea negotiations may occur during this phase.

Trial

• If a plea agreement isn’t reached, your case will proceed to trial.
• You have the right to a jury trial or a bench trial (decided by a judge).
• The prosecution must prove guilt beyond a reasonable doubt.

Sentencing

• If convicted, a separate sentencing hearing will be held.
• Your attorney can argue for leniency or alternative sentencing options.

Appeals

• If there were legal errors in your trial, you may have grounds for appeal.

Throughout this process, having an experienced Houston assault defense attorney by your side is crucial. We’ll guide you through each step, protect your rights, and fight for the best possible outcome.

Frequently Asked Questions About Assault Charges in Houston

Can assault charges be dropped in Texas?

Yes, prosecutors can drop charges, but it typically requires convincing the prosecutor or proving a lack of evidence. An experienced attorney can help navigate this process.

What if the alleged victim doesn’t want to press charges?

In Texas, the decision to prosecute lies with the District Attorney, not the alleged victim. However, an uncooperative victim can make the case more challenging to prove.

What’s the difference between assault and battery in Texas?

Texas law doesn’t distinguish between assault and battery. Both are covered under the general assault statute.

Can I own a gun if I’m convicted of assault in Texas?

It depends on the specific charge and circumstances. Certain assault convictions, particularly those involving domestic violence, can result in the loss of firearm rights.

What if I was defending myself?

Self-defense is a valid legal defense in Texas, but it must be proven that your actions were reasonable and necessary given the circumstances.

How does alcohol intoxication affect assault charges?

Voluntary intoxication is generally not a defense to assault charges in Texas. In some cases, it may even be considered an aggravating factor.

Can assault charges affect my immigration status?

Yes, assault convictions can have serious immigration consequences, potentially leading to deportation or ineligibility for certain immigration benefits.

What if I didn’t mean to hurt anyone?

Intent is a crucial element in many assault cases. However, even reckless actions that result in injury can lead to charges. An experienced attorney can help explain how intent factors into your specific case.

Don’t Face Assault Charges Alone. Contact Benavides Law Group

Every moment counts when you’re facing assault charges in Houston. The sooner you have experienced legal representation, the better your chances of a favorable outcome. Remember, an accusation is not the same as a conviction. With the right legal team on your side, you can fight these charges and protect your future. Don’t let assault allegations derail your life.

We believe in personalized attention, treating every client as an individual and tailoring our defense strategies to your unique situation. Our approach is characterized by aggressive advocacy; we’re not afraid to stand up to prosecutors and fight hard for your rights.

Contact Houston criminal attorneys at Benavides Law Group today for a free, confidential consultation. Let us put our experience, dedication, and local knowledge to work for you. Call (713) 222-2828 now or fill out our online form to start building your defense.

Our Houston Office Location

2180 North Loop,
West Suite 310
Houston, TX 77018