There are many different kinds of Assault charges. A typical Assault charge is intentionally, knowingly, or recklessly causing bodily injury to another. This is Class A misdemeanor which carries a punishment of up to one year in the county jail and up to a $4,000 dollar fine. Other assaults include threatening bodily injury or a physical touching that is offensive or provocative. These offenses are Class C misdemeanors that carry up to a $500 fine.
Assault charge punishments may be enhanced if the assault is against a public servant, a security officer, or emergency service personnel. They can also be enhanced if they involve a “family member” and “choking” / “strangulation” / “impeding breath” OR if you have had prior convictions. Additionally, assault charges can carry with them an “Affirmative Finding of Family Violence“. This affirmative finding has dramatic consequences and can completely change someone’s life.
Assault cases typically boil down to he said she said situations. So, it is very important that we collect evidence that may discredit the alleging party or their version of what happened. We have a network of investigators that can find witnesses or evidence that may exonerate you and dismiss the criminal charges against you. Many times, these cases involve self defense and witnesses and surveillance videos are pertinent in defending against these offenses. Video surveillance typically records over itself on the hard drives within a few days or weeks if they are not preserved. Once they are gone, it would be almost impossible to recover if even possible at all. Witnesses are also very important and talking to them before the State gives a tremendous advantage. Witnesses’ recollection or accounts of events can differ just based on how the questioned is asked or who is asking the questions. Our team will get to the bottom of the events which lead up to the alleged assault. We will work with witnesses to gain a better understanding of what happened, whether the incident occurred in a bar, another public place, or at a private residence.
Oftentimes, assault charges can be dismissed or won by showing the assault was based on mutual combat. Sometimes an assault case can be dismissed if the victim’s statements are found to be false, or contradict other details that were uncovered during our investigation. Mr. Nguyen will fight to find a way for a complete dismissal of charges. In some circumstances, we can get the charges reduced to a lesser included offense. When the stakes are high and every piece of evidence is critical, you need a Houston Aggravated Assault attorney that will be in your corner and protect you every step of the way. Contact the Law Office of Henry K. Nguyen, P.C. as soon as possible to begin discussing your defense