Criminal Defense of Assault/Family Violence Cases
Assault is defined as the act of intentionally placing the apprehension of harm in another person by threatening the use of force or actually using force, physically harming the individual involved or simply physically touching an individual with the intent to cause or injury to that person. For example, if a man runs up to a woman as if he is about to punch the woman, and the woman flinches or covers her face in anticipation of the punch, but the man never actually performs the punch, an assault has occurred. Similarly, the man could raise his arm to punch the woman, only to gently pat her on the back in jest, and this would still be an assault if the woman believed the man was about to punch her. However, an experienced criminal defense attorney, like those at Peek & Toland, can help an individual facing assault charges. If you are currently facing assault charges and you want an experienced and knowledgeable attorney to help you with your case, please contact us.
What Are Common Defenses for Aggravated Assault?
Aggravated assault includes all the elements of assault, but includes an extra requirement. An aggravated assault occurs when an individual uses a deadly or dangerous weapon to perform the assault. For example, if a man holds a woman at gun point and the woman believes she was in harm’s way, an aggravated assault occurred. Similarly, if the gun was a toy gun, or was never loaded, but the woman still believed she was in harm’s way, an aggravated assault has occurred. However, to bring charges of aggravated assault, the prosecution must not only show an assault occurred, but that a deadly or dangerous weapon was used in the performance of the assault. An experienced criminal defense attorney, like the attorneys at Peek & Toland, can help an individual facing aggravated assault charges
If you are facing charges of family violence, including assault or aggravated assault, you need an attorney with experience and legal knowledge to help you defend your good name. Jeff Peek, Steve Toland and their team are trusted attorneys in Austin. Peek & Toland has provided legal counsel to the Austin area for over ten years with excellent results. If you have any doubts, just read the success stories, then contact Peek & Toland today.
Assault Frequently Asked Questions
What are the penalties for an assault conviction?
The penalty for assault is determined by the charge of the assault. For example, an individual can be charged with misdemeanor assault, felony assault, felony aggravated assault or felony assault with a weapon. Each type of assault results in different penalties.
Misdemeanor assault is a Class A misdemeanor punishable by no more than one year in prison and/or a fine of no more than $4,000. However, third degree felony assault is punishable by 2 to 10 years imprisonment and/or a fine of up to $10,000. Additionally, the charge for misdemeanor assault can be increased to felony assault if the assault is committed against a family member or romantic partner, known public servant while he or she is performing his or her job, or a known security guard or emergency services worker while he or she is performing his or her job.
Felony aggravated assault or assault with a weapon is a second degree felony punishable by 2 to 20 years imprisonment. First degree felony aggravated assault is punishable by 5 years to life imprisonment. Similarly, felony aggravated assault charges can be increased to a first degree felony charge if the prosecution can show there is a history of family or domestic violence, the act was committed against public servant, security guard, informant or witness to a crime.
There are a number of defenses to assault, as well as arguments that an experienced criminal defense attorney can make regarding whether an assault actually occurred in the legal sense. If you are facing assault charges and you want a competent and knowledgeable attorney to defend you, please contact our office.