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An Overview of First-Time Assault and Battery Charges in Texas

The Law Firm of Andrea M. Kolski
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Texas has very specific laws regarding assault or any act of violence towards another person. Assault and battery charges are usually the result of arguments, disagreements, or other conflicts between people that escalate into physical violence. Most of the time, people are able to work through disagreements before emotions cloud their better judgement. However, whenever violence results, people can find themselves facing serious consequences for their actions.

When facing first-time assault and battery charges, people are sometimes confused and wondering what to do next. In Texas, there is no separate charge for battery. Texas law incorporates both assault and battery charges under a singular assault charge. The consequences for assault in Texas can be severe. If you or a loved one are in this situation, it’s important to fully understand what’s at stake If convicted, the punishments can have a drastic impact the rest of your life.

This is when a lawyer who is experienced with first-time assault and battery charges can help. Finding the best lawyer to navigate this tough time is essential.

Understanding First-Time Assault and Battery in Texas

As noted earlier, battery is rolled up under assault in Texas. There is no separate charge for battery in Texas.. Guilty or innocent, it’s nerve racking when you find yourself accused and in the crosshairs of the law. If you get charged with assault and battery, it can be a misdemeanor or a felony. It usually comes down to the seriousness of the injury due to the violent offense.

The first and most important thing is to keep calm and avoid making any mistakes that could make things worse. An experienced lawyer can help you navigate this stressful time and avoid costly errors. Of course, you will want someone who has experience in assault and battery. Ignoring the seriousness of an assault and battery charge is also a bad idea.

How the Right Local Lawyer Makes a Difference

When you get charged, whether it is a misdemeanor or felony, you want an experienced local criminal defense lawyer on your side. While there are many lawyers, you owe it to yourself to find someone who has experience in the courtroom. and is familiar with the court and/or judge for your case. Getting a local lawyer in the area where you’ve been charged can make a big difference in your outcome.

In the past, assault and battery were separate crimes. Now they are often treated equally. Technically, assault means that you have intended to place someone else in a fearful situation. A battery charge refers to the completion of that act, meaning physical contact has occurred.

When facing first-time assault and battery charges, it’s important to understand you have rights. Insuring your rights are protected falls on your shoulders. If the Texas court system or law enforcement violate your rights, it’s on you to defend yourself. A lawyer with experience in Texas criminal law can defend you and take steps to make sure your rights are not infringed.

Be Prepared for What Happens Next

What happens after you get charged with first-time assault and battery is one way to alleviate some of the stress you may experience. Knowledge is power and often we are more afraid of the unknown than we are what happens to us. The right lawyer can help explain your situation and what is likely to happen next. They will guide you through this difficult time and make things easier for you to understand.

Even in the most dire assault and battery case, there will be options for you to decide along the way. If this is the first time you are being charged with a crime, your attorney will be a valuable resource in making decisions and how to proceed with your case. Navigating legal terms can be confusing for anyone not experienced in Texas criminal defense law and having the right lawyer by your side can relieve much of the confusion.

Penalties for Assault and Battery

Penalties vary and can depend on how the laws are read in the state the crime is committed. Assault normally involves some type of threat of bodily harm, while a charge of battery requires intentional physical contact. All states have laws that deem assault a crime. Similarly, a battery charge is also a crime and both of these can carry prison sentences.

Many people are surprised to learn that prison time for first-time assault and battery is a very real possibility. Having the right legal by your side can mean the difference between freedom and time behind bars. Because of this, first time assault and battery charges should never be taken lightly.

Lighter Sentence or Dismissal

When wrongly accused of assault and battery, the best possible outcome would be a dismissal and the chance to move on with your life. While there is no way to guarantee any result, hiring an experienced assault and battery lawyer will give you the best chance at the best outcome.

If a dismissal is out of reach, reduced charges can minimize the penalties you could face. In Texas, if someone is convicted of assault and battery it can be classified as a misdemeanor. This would mean a monetary fine and possible jail time up to 180 days. This is a worst-case scenario for the light side of things. With a proper defense, it’s possible you may not receive any jail at all.

Serious Penalties for Felonies

If charged with felony assault and battery, the penalties are much greater. This is where things get more serious. Persons facing felony assault and battery could end up in jail for up to ten years, twenty years or worse. A felony conviction can destroy your future and forever alter the course of your life. If your facing felony charges, don’t gamble with your future. Get experienced legal help right away.

Hire a lawyer, Not a Salesman

Shockinlgy, there are over 100,000 lawyers in Texas but only a handful that have the experience and knowledge to effectively defend assault and battery charges. It’s a very specialized area of practice that requires skill and hard work. But with so many lawyers competing for clients, many employ slick marketing to acquire new clients. Unfortunately, many law firms overstate their abilities or experience in order to look more appealing. These sales tactics can be tough to spot without doing your homework.

The internet and social media are teeming with law firms who market themselves as “the best” in whatever practice area you may need. They use immersive websites with pretty pictures, chat bots, emotional videos, or even fake online reviews to convince you to call. Don’t fall for the sales pitch- make sure the lawyer you meet will handle your case from start to finish.

If you decide to hire a large firm, beware the bait-and-switch after you’ve signed on. Sadly, a common practice at larger firms is for experienced lawyers to hand off cases to another less-experienced lawyer or others at the firm. This common “bait and switch” tactic at law firms can spell disaster for your case. Do you want to trust your future to a rookie lawyer or worse?

In short, be wary of large firms who lure you in with slick advertising and a “pitchman” who reviews your case and promises the world.

You can protect yourself by asking a few simple questions when meeting with an assault and battery attorney. Ask specific questions about the lawyers experience with assault and battery cases. What were the details of the cases? What were the outcomes? Are there any similarities to your case? Did they handle these cases personally? Will they be handling your case personally? Are they familiar with the court where your case is being held? How often are they in that court?

Experienced assault and battery attorneys will gladly answer all your questions and provide details that the pretenders can’t answer. In short, the best results are likely to come from an experienced assault and battery lawyer who will work your case personally. A great assault and battery lawyer will work with you side by side through the entire process. This is your life on the line and you want an experienced legal bulldog who is not afraid to take on the fight!

The Gender Advantage

Statistically, the majority of defendants facing assault and battery charges are male. When building your case, your lawyer will work to gain sympathy from the court and if needed, face down your accuser. This is a tricky balance to strike without going too far. More and more male defendants are realizing that an experienced female defense attorney can be a tremendous help in these cases. Having a skilled female lawyer in your corner might just be the best decision you can make for your case.

The Fight of Your Life

Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life. This is not a world you are used to so everything seems overwhelming. That is why this is not a battle to take on by yourself, but with the right lawyer who will represent you and your interests.

The legal world is often complicated and confusing. It may seem that it is designed that way and while that may be true, it can also be simple. Having experienced, knowledgeable legal help will make an assault and battery charge much easier to understand and work through.

Our firm is here to help you and your family navigate this difficult time.

Do Yourself a Favor

If you or a loved one have been charged with first-time assault and battery, call us today for a case review. Conroe criminal justice attorney Andrea M. Kolski has over 20 years of courtroom experience defending assault and battery cases. Her track record of success is second to none. With countless dismissals and reduced charges, she has helped scores of clients protect their future and get on with their lives. We know the stress of facing assault and battery charges and work tirelessly to alleviate that burden for our clients and their families. Let us help you protect your freedom.

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