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Dallas Assault Defense Attorney

Need an Assault and Battery Defense Lawyer in Dallas? Contact Our Firm Today for a FREE, No-risk Initial Consultation

Have you or a family member been charged or arrested for assault or battery in the greater Dallas area? If so, time is not on your side, and you need an experienced Dallas assault defense attorney that can help.

Don’t let outlandish charges, falsities or misunderstandings ruin your good name and reputation. Every day individuals across the Dallas, TX are arrested and charged for crimes which they are not guilty of.

Put Diaz Law Firm to work on your case and let us stand up for your rights and innocence both in and out of court. Let us be the voice of reason and advocacy you need to win a favorable outcome.

With penalties for assault in Dallas ranging from fines to imprisonment, you can’t sit by idly. Our criminal defense attorneys are both compassionate and aggressive, capable of mounting a solid defense backed by proven legal strategies to help your case.

Call or message today for a free initial consult and to learn more about why we’re the right fit for the case.

Beat Charges and Clear your Name

The Right Assault and Battery Lawyer can Make a Difference When It Matters Most

Our firm brings decades of experience to the courtroom, having a long track record of positive outcomes for clients, and a dedication to producing results.

Aggressive and vigorous representation, coupled with excellence of service and a true dedication to our clients is what separates us from other law firms. To us, each client is family and deserves to be treated with respect and dignity while being afforded high-quality representation focused on results.

The Diaz Law Firm has helped countless individuals in and around the greater Dallas area assert their innocence, clear their name, and achieve favorable outcomes in and out of court.

From pre-trial preparation and investigation, to negotiations and favorable pleas, to dropped charges and innocent verdicts at trial, we’re here for you every step of the way. Work with a Dallas assault attorney who cares and who is unwavering in their fight for your freedom.

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Assault and Battery in Dallas FAQ

Although some jurisdictions (such as other states) charge assault and battery under separate charges and statutes, Texas combines the two under § 22.01 of the Penal Code. As such, each is considered one and the same as far as charges and penalties go.

Are you confused about the charges filed against you? Don’t hesitate to reach out. A large part of what we do is help educate our clients on their case, what that means for them, and how we can help devise a plan to overcome these obstacles and avoid any associated penalties.

Assault in Dallas, TX is categorized into simple assault and aggravated assault, with charges ranging from a Class C misdemeanor to a first-degree felony. As such, penalties associated with assaults in Dallas also have considerable range, from a simple fine and/or probation, to life in prison.

Given the potentially serious nature of assault allegations in Texas, reaching out to a criminal assault defense lawyer who is familiar with the legal complexities of such cases is paramount.

Simple Assault

  • Intentionally, knowingly or recklessly taking actions that result in harm or bodily injury to another individual or that individual’s spouse;
  • Making threats of bodily injury or harm against another individual or that individual’s spouse; or
  • Taking actions with the intent to make physical contact with another individual with the belief or reasonable belief that the individual being touched would regard such physical interaction as offensive or provocative.

Aggravated Assault

Unlike simple assault, which is typically charged as a misdemeanor, aggravated assault is charged as a 2nd or 1st degree felony, with penalties for convictions ranging from fines upwards of $10,000 and prison sentences between 2 years to life.

Factors Considered with Aggravated Assault Charges Include:

  • If the victim was a public servant
  • Whether or not strangulation was part of the assault 
  • The relationship of the perpetrator to the victim
  • Previous criminal history and/or convictions of the aggressor 

Under §22.02 of the Texas Penal Code, aggravated assault charges may be filed for assaults that:

  • Cause or result in serious bodily harm or injury;
  • Involved the use or brandishing of a deadly weapon 

First Degree Felony Charges May Be Filed In cases Where:

  • The victim is a public servant
  • The victim is a security officer
  • The assault was against a person with whom the aggressor had a close relationship with and the use of a deadly weapon was involved, resulting in serious bodily harm
  • The assault was carried out against a witness or informant 
  • The crime involved discharging of a firearm at a building or house from an automobile and such act resulting in the cause of serious bodily harm

Those charged or arrested for battery are done so under the guidelines of the same legal doctrine assaults fall under. However, a key difference is that battery always involves physical contact or touching that results in bodily damage.

When it comes to “harm”, there are no specific thresholds which must be met in order for an individual to be arrested, charged and prosecuted. An act as simple as poking someone with your finger could meet the legal standard of battery.

Charges of assault are serious, and must be met with an appropriate and measured legal response. Hire a criminal assault attorney in Dallas that has the local experience, connections and resources to position your case for a favorable outcome.

Our criminal defense lawyers will help you explore defense strategies best suited to your individual case, preparing you every step of the way and ensuring your case gets the attention it deserves.

 

Potential Defense Strategies and Tactics May Include:

  • Discrediting prosecutor evidence
  • Discrediting witnesses 
  • Uncovering evidence in your favor through investigative intelligence 
  • Locating key witnesses and obtaining testimony in your favor
  • Discovery of the “victims’” past criminal history, drug use, character, history of aggression or evidence of lying

 

Other Defense Positions May Include:

  • Self-defense
  • Intoxification 
  • Influence of prescribed medication
  • Provocation
  • Consent
  • Coercion
  • Entrapment 
  • And more…

In most situations, contacting a Texas criminal defense attorney as soon as the first indication of potential trouble arises is your best option. The right criminal defense lawyer in Texas can advise you on the right course of action and the steps you can take to prevent an arrest, end an investigation, stop charges from being filed and more.

Our criminal defense attorneys will ensure you take every measure possible to position you for a positive outcome. 

Signs you Should Contact a Criminal Defense Attorney:

  • People have told you the police are asking about you
  • You have been contacted by law enforcement 
  • You have been arrested or charged
  • The police have informed you that you are under investigation or that you are a suspect or “person of interest” in a case

The exact process and steps will vary depending on the unique circumstances surrounding your case. However, the basic steps and procedures in Texas are as follows:

  • Arrest
  • Booking
  • Charged / Arraignment 
  • Bail
  • Preliminary hearing
  • Trial 
  • Sentencing
  • Punishment or exoneration (fines, probation, jail, or exoneration)
  • Appeal
In Texas, Aggravated Assault is when a person commits assault and he/she either: 1. Causes serious bodily injury to another, or 2. Uses or exhibits a deadly weapon during the commission of the assault.

Overall, when one considers collateral consequences, the government treats the assault of a family member as a more serious crime than the assault of a stranger. It isn’t uncommon for Travis County judges to issue emergency protective orders (EPOs) in family violence cases that forbid defendants from returning to their homes and sometimes even prevents them from seeing their children. If children were present at the time of the incident then Texas CPS (Child Protective Services) may also investigate.

In divorce court, a family violence conviction can be used to deny child custody and limit visitation rights. A family violence conviction can also cause you to permanently lose for any reason. If you are in the military, you may be discharged; if you work in law enforcement, you may be reassigned or fired.

A family violence conviction could cost you a professional license or, if you are a skilled tradesman, make it impossible for you to be bonded. It will appear in your criminal record and will show up in pre-employment and pre-leasing background checks.

Non-citizens convicted of family violence may be denied a green card or deported and denied re-entry.

If you are convicted of even the lowest level of family violence assault, any future misdemeanor family violence or stalking charges may be prosecuted and punished as third degree felonies and you are permanently disqualified for an order of non-disclosure if you successfully complete deferred adjudication probation for any type of offense in the future.

Texas law allows prosecutors to seek a “family violence” conviction even when the defendant and alleged victim are not what one might ordinarily consider family. In addition to blood relatives, a family violence allegation can be made against a foster child or parent, former spouse, domestic partner, roommate, boyfriend, girlfriend, and even a former boyfriend or girlfriend. Depending on the relationship, the term “dating violence” is sometimes used in place of “family violence.”

You might think the term “bodily injury” would require some sort of visible injury like a cut or even a bruise but the legal definition includes mere physical pain. As a result, you can be charged with “Assault with Bodily Injury,” a Class A Misdemeanor and jailable offense, if you are accused of merely slapping another person or pulling his or her hair. The definition of “serious bodily injury” is more intuitive. It means bodily injury that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Texas law does not require the alleged victim to sustain an actual injury in an assault case. Physical contact that merely causes pain can suffice for an assault with “bodily injury,” which is a Class A Misdemeanor, punishable by up to 180 days in the county jail and a fine of up to $4,000 (note that a jail sentence may be probated, depending on various factors, in which case a defendant may not actually spend any time in jail). Furthermore, a mere verbal threat or “offensive” physical contact can qualify as Class C Misdemeanor Assault under Texas law. This lesser assault is the equivalent of a traffic ticket.

Contact our Dallas Office For A Free Consultation

We proudly serve the greater Dallas metropolitan area

8100 John W. Carpenter Fwy Suite #200 Dallas, TX 75247

 Monday – Friday 8:30am-5:30pm

Open For Appointments on Saturdays

Hire a Criminal Defense Team with a Track Record of Success

Don’t let the prospect of a criminal record ruin your future. Hire a team that is passionate about justice and protecting the rights of their clients. Our firm has won numerous industry awards for our service and representation in and out of court.

Backed by a documented track record of success and ready to go to bat for you, our team is eager to learn more about how we can help.

Having a criminal record can be embarrassing, degrading, unjust and can impact many aspects of your life (sometimes permanently). Don’t become another statistic in a Dallas courtroom.

Call or message us today and get the representation you deserve. The first consultation is free.

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