How Does The Intent Of The Accused Perpetrator Affect The Charges?


It sets up what is going on. Our first example of assault where it was bodily injury to another, it can be intentional, knowingly or recklessly. There are three different mental states that are involved. What we are looking at, is if you intend to cause that result, or you know that result could occur by your actions the way you are doing something that everybody agrees and we understand it is inherently reckless.

An example of that would be reckless driving a vehicle at a high speed on a public roadway, and it does change when you get into injuries to any person or persons. This is assaultive in nature, you are also looking at the mental state. If it was reckless, it is the lower degree; if it was intentional, knowingly, it is a higher degree and so that really does play into what we are looking at.

The Impact Of The Severity Of An Injury On Assault Charges

The degree of injury, it really spins around the Class C versus the Class A and the felony. If the degree of injury is bodily injury and that is where it causes pain, that ia a misdemeanor. If it is serious bodily injury that needs medical attention, then it is going to be a felony.

The Common Mistakes People Make After Getting Arrested On Assault Charges

The things they generally do is once they are arrested, they want to tell their side of the story and the police officers have already reviewed some or have been provided with some background material as they are on the way to the scene. They have already been a dispatched, they begin to tell their story and they begin to say, “Yes, I was there. We were in argument”, and they try to justify their actions or simply refute their actions. They are just giving evidence against themselves and they want to just say, “Believe me and therefore don’t arrest me”, and that is not helpful at all. They just flat admit elements to the offense, and so that is one of the problems that happens immediately.

The other problem is when they are talking to an attorney or they are trying to decide who they are going to get to represent them, they do not really remember everything that happens. They simply say, “I didn’t do it”, fine, but they do not put everything into a proper context. If you are usually involved in some type of assault, you know that person who is accusing you you have known that person for more than just a casual meeting. You need to put everything in a proper context, we knew each other since high school, we did not like each other then, we had competing interests, we had a fight back then. Our sisters, family members do not like each other and here is why they would lie about something like that to let the lawyer know more about the story than simply there is a story.

The Impact Of A Prior Arrest On Assault Charges In Texas

It means that they are generally going to be filed upon. The police go up there, they are looking, they radio and they want to know more about the individual they are speaking to in order to make sure you did not have warrants, to make sure you did not have a violent history.Check to make sure they never been accused of having some mental health issues, they want to know as much as possible in the short period of time.

The moment they find out that he is been arrested possibly charged with assault before, charged with assault at the very same location and place they are at now on this call, more than likely they are going to arrest him because he is been accused of it. If they find not only he is being arrested but he is being convicted of it on number of occasions, they are going to have a good reason to look at him first and say, “This is the perpetrator, this is the troublemaker, this is the person who is causing all these problems and we need to remove this person from the scene”, and so his chance to explain if he wanted to is pretty much gone.

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