If you are charged with intentionally or recklessly causing physical harm to another person in Houston, Texas, you can be charged with aggravated assault. If you use a weapon to inflict harm, then the charges are even severe. Depending on the nature of the assault and the extent of the injury, you could be charged with a first-degree or second-degree felony if it leads to death, disfigurement, or permanent immobility or amputation.
To understand the nature of the crime that you might have committed and the repercussions that you may have to face because of it, you need a Houston assault lawyer by your side.
1. Nature of the Assault
To understand the nature of the assault, you must first understand the charges against you, which will largely depend on the nature of the assault. If the person has committed the crime for the first time and the assault was not very severe, the defendant’s action will be considered a misdemeanor.
However, if the victim is a public servant who was on duty and was assaulted grievously while trying to do his job, the offender will be charged with a first-degree felony. Domestic violence on a spouse, if it is very severe, will also be considered aggravated assault.
As per Texas Penal Code §1.07(a) (17), if the assault involved a firearm, a knife, or even instruments like a rock or any other blunt instruments, or sharp objects glass pieces, then the assault will be termed as an aggravated assault. A plastic bag used to suffocate the victim or use a car to run the victim over is considered deadly weapons and can be used in a court of law to prove that the assault was aggravated in nature.
2. Various Types of Repercussions
The repercussions of an aggravated assault in Houston can be quite extensive. The defendant could be charged with a fine as high as $10,000. The punishment could also involve imprisonment of 2 years to 20 years in case of a second-degree felony and 5 to 99 years in a first-degree felony.
Also, the defendant might lose the right to serve on a jury. He or she might also lose the right to own a firearm even if you caused the injury with the defendant’s firearm, which they chose to use recklessly. In case the defendant is not a US citizen, they might also be deported and barred from ever coming back.
The court case will also directly impact a custody battle that the defendant could be having with their spouse over the children. It could lead to the defendant being barred from ever seeing their children again.
How To Deal With the Repercussions?
Unfortunately, once a defendant is charged and booked by the cops, there is very little that they can do themselves. Once they are taken into custody, the defendant could call an assault lawyer and explain their position. A Houston assault lawyer will take over from there and make sure everything is done so that the defendant gets a fair trial.
The defendant must also get a chance to tell their side of the story and narrate the circumstances that led to the assault. Maybe, the defendant was provoked, or the injury caused to the other person resulted from self-defense. The lawyer will gather evidence on behalf of the defendant and give them the best shot at defending themselves.
Houston has seen a flurry of violent assault cases recently due to desperate times of pandemic that has led to heightened levels of stress. Therefore, it’s possible that you engaged in assault for your self-defense and can prove your innocence. To understand the nature of an aggravated assault, the best person to guide you is a Houston assault lawyer. The lawyer will also be your best chance of defending yourself and to get the best chances of a fair trial.