Why you need a Houston area felony assault lawyer with experience
Unlike most other states, Texas treats assault and battery as the same crime. In fact, Texas law only refers to “assault and battery” as “assault”. However, assault charges have a great degree of variance in scope. If you are facing assault charges, you need a Houston area felony assault lawyer with a proven track record. The criminal defense attorneys at the Monks Law Firm have the experience and knowledge to fight for your rights.
What is assault?
Texas law stipulates the defendant commits assault when he or she intentionally, knowingly, and recklessly:
- Causing bodily injury to (a) victim, including the victim’s spouse
- Threatening bodily injury to a victim, including the victim’s spouse
- Physically contacting the victim, while knowing that the victim will find this physical contact provocative or offensive.
About Felony Assault
Assault charges can range from misdemeanors to felonies. While the Monks Law Firm takes on all assault cases, the firm particularly focuses on fighting felony assault charges. Law enforcement levies three degrees of felony assault charges. Third (3rd) degrees are the least serious. First (1st) degrees are the most serious. Here’s how they break down:
Law enforcement files 3rd degree felony assault charges if the defendant commits the offense against:
- An individual whom the defendant knows is a public servant and that public servant is lawfully exercising their duties.
- A family member, household member, or dating partner if the defendant has been previously convicted of a similar offense; or if the defendant chokes one of these individuals
- An individual that is a government contractor for family services (i.e., CPS) while the midst of performing their duties
- A security officer performing within the scope of their duties
- Emergency personnel while they are providing emergency services
Officials file 2nd degree felony assault charges if the defendant commits:
- Assault against family member, household member, or dating partner whether
- The defendant has been previously convicted of another offense against the above listed individual(s)
- The defendant chokes one of the above listed (individuals)
- Aggravated assault
Defendants will face 1st degree felony assault charges if defendant commits statutory assault against:
- Someone they have a domestic relationship with
- A public official, police officer, emergency worker, security guard, witness, or informant.
Felony assault charges are murky, but have serious consequences
If you’re facing felony assault charges, it is important to understand that these charges are murky. However, despite their murkiness, they have serious consequences. Depending on the degree of felony assault, you could be looking at anywhere from 5 years to life imprisonment. Not to mention, you could also be forced to pay up to $10,000 in fines.
Regardless of the accusations, you have the right to due process of law, and thus a competent criminal defense. The stakes are simply too high for you to take a chance on a public defender or just any attorney. You need a Houston area felony assault lawyer that will aggressively fight for your rights. Mike Monks and the Monks Law Firm will work diligently to help you secure the best possible outcome for your case.