San Antonio Assault Defense Lawyer

Experienced Attorneys Defending Against Assault Charges in Bexar County, Texas

Assault is a serious crime that carries severe and often life-changing penalties upon conviction. If you have been charged with any type of assault, you need a trusted criminal defense lawyer on your side as soon as possible.

In your time of need, turn to The Law Office of Derek S. Ritchie, PLLC. Our assault defense attorney in San Antonio understands what you are going through and can serve as your fearless advocate throughout the process. We are eager to hear your story and help you move forward toward a positive resolution.

Aggressively Fighting Assault Charges

Texas recognizes several different types of assault. Each type ranges in severity and carries its own potential penalties. The circumstances of the alleged incident will dictate the type of assault you face.

At The Law Office of Derek S. Ritchie, PLLC, we defend against all types of assault, including:

• Simple assault: Simple assault can be charged as a misdemeanor or a felony depending on the circumstances of the incident. Simple assault involves knowingly or intentionally injuring someone, threatening to injure someone, or causing physical contact that is provocative or offensive.
• Domestic assault: This is any type of assault against a family or household member. Depending on the circumstances, domestic assault can be charged as either a misdemeanor or a felony.
• Aggravated assault: Aggravated assault is assault that results in serious bodily injury to the victim or that involves the use of a deadly weapon. It is a second-degree felony.
• Sexual assault: This type of assault is sexual in nature, including rape and molestation. It is a second-degree felony. Aggravated sexual assault is a first-degree felony.

Depending on the charges against you, you could be facing jail time, fines, probation, and other serious penalties if convicted. You need and deserve the advocacy of our San Antonio assault defense attorney.

Penalties for Assault in Texas

There are a variety of penalties that can be imposed on assault charges in Texas, depending on the severity of the offense and the circumstances surrounding it. Under Texas Penal Code §22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another, threatens another with imminent bodily injury, or causes physical contact in a provocative or offensive manner.

• Class C Misdemeanor Assault involves offensive or provocative physical contact without injury and is punishable by a fine of up to $500.
• Class B Misdemeanor Assault may apply in cases such as assault during a sporting event against a participant. This is punishable by up to 180 days in jail and a fine of up to $2,000.
• Class A Misdemeanor Assault involves bodily injury without aggravating circumstances. It carries up to one year in jail and a fine of up to $4,000.
• Felony Assault Charges apply when the assault involves serious injury, use of a weapon, or certain protected individuals like public servants, emergency workers, or family members. Penalties include:
• Third-Degree Felony: 2 to 10 years in prison and up to $10,000 in fines.
• Second-Degree Felony: 2 to 20 years in prison, often charged in domestic violence cases involving choking or repeated offenses.
• First-Degree Felony: 5 to 99 years or life imprisonment, typically reserved for assaults causing serious bodily injury with a deadly weapon.

Additionally, those convicted may face lasting consequences, such as difficulty finding employment, firearm restrictions, and a permanent criminal record.

Difference Between Assault and Battery in Texas

In Texas, the legal distinction between assault and battery differs from that in many other states. While some jurisdictions treat assault and battery as two separate offenses—assault being the threat of harm and battery being the actual physical contact—Texas law combines both concepts under the single offense of "assault."

Under Texas Penal Code §22.01, assault includes:

• Intentionally, knowingly, or recklessly causing bodily injury to another person.
• Threatening another with imminent bodily injury.
• Causing physical contact with someone that is offensive or provocative.

This means what might be considered “battery” in other states—actually hitting or injuring someone—is prosecuted as assault in Texas. Similarly, threatening someone without physical contact can also qualify as assault.

For example:

• If someone throws a punch and misses, that can be considered assault by threat.
• If the punch lands and causes pain or injury, that is assault causing bodily injury—what many states would call battery.

As far as Texas criminal statutes are concerned, the term battery does not appear in them at all. The term assault refers to any action that involves threats, attempts, or actual harm.

Understanding this distinction is important when facing criminal charges or defending against accusations in Texas. The lack of a separate battery statute simplifies the legal terminology but broadens the scope of what may be considered assault.

Defenses Against Assault Charges

Common defenses to assault charges include:

• Self-Defense: Texas law allows individuals to use force to protect themselves if they reasonably believe it is necessary to prevent harm. If the evidence supports that you acted in self-defense, this could be a complete defense to the assault charge.
• Defense of Others or Property: Similarly, you could have acted to defend another person or to protect your property. This defense requires proving that your actions were justified under the specific circumstances.
• Lack of Intent: Assault charges often hinge on proving intent. The charges may be reduced or dismissed if the prosecution cannot establish that you acted knowingly, intentionally, or recklessly.
• Consent: In cases involving consensual physical contact, such as a sporting event or mutual confrontation, assault charges may not hold.
• False Allegations: Unfortunately, false accusations of assault are not uncommon, particularly in emotionally charged situations. We will thoroughly investigate your case, challenge inconsistencies, and expose any motives for false claims.
• Insufficient Evidence: The prosecution has the burden of proof, and it must demonstrate guilt beyond a reasonable doubt. If the evidence against you is weak or lacks credibility, we will work to have your case dismissed or secure an acquittal at trial.

How Can a San Antonio Assault Defense Lawyer Help You?

Facing assault charges can be a daunting and life-altering experience, but hiring an experienced San Antonio assault defense lawyer can make a significant difference in your case. They know how to navigate the complexities of assault laws and ensure your rights are protected throughout the legal process.

One of the primary ways an assault defense lawyer can assist you is by investigating the circumstances surrounding the alleged incident. They will scrutinize the evidence, interview witnesses, and assess the credibility of the prosecution's case. This meticulous approach allows them to identify any inconsistencies, false accusations, or procedural errors that could be used to build a strong defense strategy.

Assault defense lawyers are well-versed in the nuances of assault laws. They can analyze the specific elements of the charges against you and determine the most effective defense strategy tailored to your case. Whether it involves self-defense, lack of intent, or challenging the evidence presented, these professionals leverage their legal expertise to seek the best possible outcome for their clients.

An experienced San Antonio assault defense lawyer also plays a crucial role in negotiating with prosecutors to secure favorable plea deals or reduced charges. Their negotiation skills can lead to a more lenient sentence, minimizing the potential consequences of an assault conviction.

Contact Our San Antonio Assault Defense Attorney Today

Assault charges can disrupt your life and jeopardize your future. Our San Antonio assault lawyer at the Law Office of Derek S. Ritchie, PLLC, offers personalized legal strategies to reach the best possible result for your case.

Whether negotiating a reduction in charges, fighting for dismissal, or preparing for trial, we are committed to fierce advocacy on your behalf. Let us provide the guidance and representation you need to protect your future.

Learn more about how our San Antonio assault defense lawyers can help you by contacting us online or by calling (210) 702-2203 today!