Dallas Assault Attorney

Providing Aggressive Defense for Assault Charges in Texas

Many people assume that assault requires an intent to cause harm, but under Texas law, this is not always the case. A person could be charged with assault even if they did not mean to injure someone, as long as their actions could reasonably be perceived as harmful or offensive. Simply making physical contact with another person in a way intended to provoke or offend can lead to criminal charges. Because of the broad scope of Texas assault laws, individuals may find themselves facing serious accusations over misunderstandings or minor altercations.  

Call Law Office of Patrick J. McLain, PLLC today at (214) 238-9392 or contact us online to schedule a meeting with our assault attorney in Dallas!

Types of Assault and Aggravated Assault

In Texas, assault charges can arise under various circumstances, including if a person:

• Intentionally, knowingly, or recklessly causes physical injury to another person
• Intentionally or knowingly threatens another person with physical injury
• Intentionally or knowingly makes physical contact with another person with the intent to offend or provoke

A more severe charge, aggravated assault, occurs when an individual causes serious bodily injury or uses or displays a deadly weapon during the commission of the assault. This charge carries harsher penalties and can significantly impact a person’s future.

If you are facing an assault charge, legal representation is critical. A knowledgeable Dallas assault attorney can help protect your rights, build a strong defense, and fight to prevent a wrongful conviction.

What are the Penalties for Assault in Texas?

Assault is a Class A misdemeanor, with a fine of up to $500. Assault, however, can be raised to a third-degree felony if the offense is committed against:

• A public servant while lawfully discharging an official duty or acting in their official duty;
• A person who lives with the defendant, a blood relational, or a romantic partner;
• A security officer while the officer is performing a duty as a security officer;
• Emergency services personnel are present while the person is providing emergency services.

A third-degree felony is punishable by a prison sentence of 2 to 10 years and a fine of up to $10,000. Under certain circumstances, a third-degree felony assault charge can be raised to a second-degree charge. A second-degree charge carries a penalty of 2 to 20 years in prison and a fine of up to $10,000.

Aggravated assault also carries a second-degree penalty. Aggravated assault may be raised to a first-degree felony under certain situations, such as using a deadly weapon during the commission of the assault and causing serious bodily injury to a family member. A first-degree penalty can result in a sentence of five years to life in prison.

Defenses Against Assault Charges

Facing an assault charge does not mean a conviction is inevitable. Several legal defenses may apply depending on the circumstances of the case. A skilled defense attorney can examine the evidence, challenge the prosecution's claims, and build a strong defense strategy tailored to your situation. Some common defenses to assault charges include:

• Self-Defense – Texas law allows individuals to use reasonable force to protect themselves from harm. This could be a valid legal defense if you acted in self-defense to prevent injury to yourself or another person. However, the force used must be proportionate to the threat faced.
• Defense of Others – Similar to self-defense, this argument applies when a person uses reasonable force to protect someone else from an imminent attack.
• Consent – In some cases, the alleged victim may have consented to the physical contact. This is common in sports-related incidents or mutual physical altercations where both parties willingly engage.
• Privilege – Certain individuals, such as law enforcement officers or security personnel, may use reasonable force in the lawful execution of their duties. If the force was legally justified, it may serve as a defense against assault charges.
• Mistake of Law or Fact – If the accused had a reasonable belief that their actions were lawful or misunderstood the situation, this may be used as a defense.
• Statute of Limitations – Texas law imposes time limits on when assault charges can be filed. If the statute of limitations has expired, the case may be dismissed.
• Lack of Intent – Assault charges often require proof that the defendant acted intentionally, knowingly, or recklessly. If the incident was accidental or there was no intent to harm, this could serve as a defense.
• Age – Minors accused of assault may face different legal standards. Their age and level of maturity may impact how their case is handled.
• Insanity or Mental Incapacity – If a defendant was suffering from a severe mental illness or could not understand their actions at the time of the alleged offense, an insanity defense may be raised.

Each case is unique, and the best defense will depend on the specific details of the charge. An experienced Dallas assault attorney can analyze the facts, identify weaknesses in the prosecution’s case, and fight to protect your rights.

Contact Our Dallas Assault Attorney Today

If you are facing an assault charge, having a strong legal advocate is essential. The Law Office of Patrick J. McLain, PLLC, has extensive experience defending clients against a wide range of assault-related offenses, including aggravated assault, assault with a deadly weapon, and intoxication assault. With a deep understanding of Texas law and the complexities of the criminal justice system, McLain and his team are committed to protecting your rights and building a strategic defense to achieve the best possible outcome for your case.

Contact Law Office of Patrick J. McLain, PLLC today to schedule a meeting with our assault lawyer in Dallas!