Were you charged with assault in San Antonio, Texas? Facing assault charges can be life-altering and lead to devastating consequences. You should not have to cope with these legal challenges alone.
The Law Office of Jesse Hernandez is here to support and advocate for you when you need a thorough defense strategy. Attorney Hernandez has consistently been named one of the Best Lawyers in San Antonio – Criminal Defense by SA Magazine, and he maintains a 10 Avvo Rating.
We have decades of combined experience providing exceptional criminal defense in San Antonio, Texas. Our San Antonio assault defense attorneys are prepared to use our extensive resources and experience to fight for you and protect your rights. Contact us today or give us a call at (210) 807-8656 to schedule your free case evaluation with a San Antonio assault defense lawyer.
How Can a San Antonio Assault Defense Attorney at Hernandez Law Firm Help if You’re Arrested?
Assault charges can significantly impact the course of your life. A minor dispute can develop into a fight and subsequent assault charges. At Hernandez Law Firm, we recognize how frightening and disruptive assault charges can be in San Antonio, TX.
Our San Antonio criminal defense attorneys can help with your case in the following ways:
- Listen to your story and offer you legal advice
- Investigate the allegations being made against you
- Protect your rights
- Advocate for your best interests
- Seek reduced charges or a dismissal
- Guide you through the criminal justice process in Texas
- Gather and analyze relevant evidence
- Develop a defense strategy
- Engage in plea bargain negotiations with prosecutors
- Represent you in court if your case goes to trial
Facing assault charges is serious and requires a solid defense strategy. Contact Hernandez Law Firm to learn more about how our San Antonio assault defense lawyers can help with your case.
What Is Assault in San Antonio, Texas?
In Texas, there are several assaultive offenses, including simple assault and aggravated assault.
Simple assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to another;
- Intentionally or knowingly threatens another person with imminent bodily injury; or
- Intentionally or knowingly causes physical contact with another person when they knew or should have known that the other person would find it offensive or provocative
Aggravated assault occurs when a person:
- Causes serious bodily injury to another; or
- Uses or exhibits a deadly weapon during an assault
An aggravated assault can be upgraded from a felony of the second degree to a felony of the first degree in the following instances:
- A person uses a deadly weapon during the assault and causes serious bodily harm to someone they have a dating or familial relationship with
- A traumatic brain or spine injury results in a persistent vegetative state or irreversible paralysis
- A public servant commits the offense
- The offense is committed in retaliation against a witness or informant
- The assault is against an on-duty security officer or process server
- A person in a motor vehicle discharges a firearm toward a residence, building, or car and causes serious bodily injury
- A person commits the assault as part of a mass shooting
In Texas, a variety of conduct can lead to assault charges, including sexual assault, indecent assault, aggravated sexual assault, injury to a child, elderly individual, or disabled person, deadly conduct, or terroristic threat.
Penalties for Assault in San Antonio
You can be arrested in Texas if a law enforcement officer witnesses the assault or if a warrant is issued. In Bexar County, assault can be charged as a misdemeanor or a felony, depending on the facts surrounding the alleged conduct. However, if you are convicted, you could face serious prison time and large fines.
You could face the following penalties if convicted of assault in San Antonio:
- Class C Misdemeanor: Fine of up to $500
- Class B Misdemeanor: Up to 180 days in jail, a fine of up to $2,000
- Class A Misdemeanor: Up to 1 year in jail, fine of up to $4,000
- Third-Degree Felony: Up to 10 years in prison, a fine of up to $10,000
- Second-Degree Felony: 2 to 20 years in prison, a fine of up to $10,000
- First-Degree Felony: 5 years to life in prison and a fine.
Different factors can impact the potential penalties you face, including the following:
- Whether you impeded the alleged victim’s breathing or blood circulation
- If the offense was committed against an elderly person, child, or disabled individual
- A previous conviction
- A deadly weapon was used
- Deadly conduct
An assault conviction can significantly impact the course of your life. A skilled San Antonio assault defense attorney can provide you with much-needed support while fighting to have your charges reduced or dropped.
Potential Consequences of an Assault Charge
In addition to serious prison sentences and significant fines, assault charges can seriously impact your life in various other ways. If convicted of an assault charge, your reputation may be negatively affected. This can hinder your ability to find employment as you may have a criminal record that is accessible to potential employers and others.
A criminal record can also preclude you from some housing opportunities. An assault charge can also impact child custody, particularly if domestic violence was involved.
When everything is stacked against you, you need someone on your side. Our San Antonio assault defense attorney may be able to help you get the charges dropped or reduced and mitigate the negative impact on your life.
What Can I Expect if I Am Charged With Assault?
If you are charged with assault as a felony in San Antonio, Texas, you can expect to undergo the following process:
- Arrest: Your Miranda Rights are read, and you are taken into custody
- Indictment: Formally charged with assault
- Pre-trial hearings: An opportunity to formally plead guilty or not guilty
- Plea bargaining: Negotiations if that is in your best interest
- Trial: By jury or a presiding judge
- Post-trial sentencing: Jail or prison, probation, house arrest, fines
- Appeals: If found guilty, you can seek an appeal of the conviction
Whether you are charged with a misdemeanor or felony, navigating the criminal justice system in Texas can be challenging. Reach out to Our San Antonio Assault Defense Attorneys for guidance and expert advocacy.
What Should I Do if I Am Facing Assault Charges?
Dealing with assault charges in San Antonio can upend your life. It is crucial to protect yourself if you are facing assault charges.
If you are dealing with assault charges in San Antonio, you should do the following:
- Consult an attorney if you are accused of assault
- Maintain your composure and do not resist arrest
- Invoke your right to remain silent if you are arrested and do not incriminate yourself
- Request an attorney
- Do not volunteer information
- Document what occurred during the arrest as soon as possible
- Do not post on social media regarding the assault or arrest
- Do not contact alleged victims or potential witnesses
- Gather evidence, including emails, text messages, photos, videos, or surveillance footage
Remember that anything you say can be used against you by the prosecution. Failing to contact a San Antonio defense attorney as soon as possible can hinder your ability to defend against assault charges successfully.
What Defenses Are Available for an Assault Charge?
Facing an assault charge can be an overwhelmingly challenging experience. You don’t have to face this unbearably trying time alone. Your San Antonio assault defense lawyer will work with you to develop defense strategies tailored to your case.
Several defenses may be useful against an assault charge, including the following:
- Self-defense or defense of others: If you reasonably believed there was imminent danger
- Consent: If the alleged victim agreed to a physical altercation
- False accusation: If you were falsely accused by the victim or mistaken for someone else
- Duress: If you were threatened with serious bodily harm or death
- Lack of evidence: If there is no compelling evidence to support the assault charge
Every assault case is different and requires a unique and effective approach. A dedicated San Antonio assault defense attorney at Hernandez Law Firm can advocate for you while building a solid legal defense.
Contact Our San Antonio Assault Defense Attorneys Today
Don’t delay getting the help that you need when facing assault charges in San Antonio, Texas. Since 2013, we have been advocating for our clients and guiding them through the often complex criminal justice process. The experienced San Antonio defense lawyers at Hernandez Law Firm are also here for you.
We are available 24/7 to help with your assault defense. Contact our office today to schedule your free case evaluation and learn more about our flexible payment options.
