What Are The Potential Defense Strategies Utilized In Assault Cases?

Self-defense is usually the most problematic one has we like to use it and it is not that we begin to look at immediately but if this person’s been accused of assault and has pled to it on the number of times, then that is not what we generally can use. We start with assault, we look at where they are, we want to know more background information to use as a defense. Anytime you are involved in assaultive conduct or in contact with someone, you are allowed to go into their prior relationship. And so the prior relationship provides a lot of areas for defenses.

Counseling Or Anger Management Courses Can Be A Mitigating Factor In Assault Cases

When you are dealing with spouses and there is an accusation of domestic assault or something like that – when I say something like that, members of households similar to domestic assault – we always recommend, and in a lot of cases, insist if they want us to represent them, that they seek out counseling. They go to a batterer’s intervention program. These cannot be used against the individual to say he is guilty of the offense. So what we are doing is giving that person the ability to have more skills in dealing with emotional and confrontational situations from that point on into the future and we can take those certificates to the prosecutor and say, “If it happened, it is a one-time event. Here’s how they’re doing in their counseling, and here’s who the counselor is and here’s the achievements that they’ve experienced while they’ve been in the program”.

The Potential Penalties For A Simple And Aggravated Assault Conviction

When you deal with any type of misdemeanor, you are looking at, it is the Class C up to a fine, no jail. When you are looking at Class A assault with bodily injury, then you are looking at a Class A misdemeanor and it has a range of punishment all the way up to a year in jail, they can experience up to a $4,000 fine. If it is a domestic assault that starts off as a Class C misdemeanor and they have been convicted or placed on deferred for this conduct before, well then, we are talking about a felony offense.

If it is an assault that again involves particular public servants then we are really getting into the felony range, so we start off with the type of injury. Then we look at the individual who is accused of it to see if he has been in trouble before domestic assault, and then we look at the victim; are they disabled, elderly, are they a public servant; and then we look at the range of punishment.

Felony offense with aggravated assault with a deadly weapon, we get up to a second degree felony and there is other criteria that if the person was a public servant, that leads into a first degree felony, which is, for a second two to twenty years in a penitentiary. It is a possibility of up to a $10,000 fine all the way up to five to ninety-nine to life for a first degree felony with a possible punishment of a fine of up to $10,000.

The Long-Term Effects Of An Assault Conviction In Texas

When you talk about assault, you are talking about an individual who will be on the simple playground type of things, an individual who is an adult who has hurt somebody, or caused somebody to be uncomfortable. That is not the kind of thing that major corporations are going to be comfortable with. Major employers, they have Human Resource departments, they are going to tell them, “Let’s pass on this individual because what if he commits workplace harassment, workplace assault, workplace touching, we could be sued by the individual we allowed this person to be around”. We are on what we would call notice that this could be a problem, so let us pass on it.

If it is a domestic assault, in Texas, you can not be a joint manage conservator with children with a domestic assault, this could cost you custody of your children and that can be serious. You would also be precluded from certain occupations because of the assault conviction. Trying to be a nurse, a professional who comes around people all the time, it is going to be difficult. Your ability to work in a nursing home or around the elderly or for the disabled will be forbidden for you. There are a lot of long term effects, and that is why you want to make sure you do everything you can to prevent those affects from occurring.

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