Class A Misdemeanor Assault Lawyer in Travis County
Texas separates crimes into categories, ranging from misdemeanors to felonies. Class A misdemeanors are the most serious crime you can commit without being charged with a felony and include significant penalties.
If you have a pending Class A misdemeanor assault charge, the state believes it can produce evidence that proves you caused bodily injury to another person during an altercation. However, that is a bit misleading since the alleged victim simply has to say he or she felt the pain to meet the criteria for bodily injury.
Our Travis County Class A misdemeanor assault lawyer will systematically gather evidence to refute the accusations and evidence. As a former prosecutor, Jason English has worked for both the accuser and the accused and uses his experience to see cases from all angles. Get the process started by calling us for a free consultation.
Penalties for Class A Misdemeanor Assaults
If you are convicted of a Class A misdemeanor assault, you face up to:
- One year in jail
- $4,000 in fines
Your Travis County Class A misdemeanor lawyer will devote ample time and resources to prepare the case for trial while exploring options for a dismissal or reduction in charges.
The Problem With Pain As Proof
Even medical professionals acknowledge that pain is subjective and undetectable to everyone but the person experiencing it. Prosecutors can't see pain by conducting an exam or reviewing medical records, so they often take the accuser's word for it, even without substantiating evidence.
Sadly, some people make false claims to get a rival into trouble, while others feel a tiny twinge of discomfort and exaggerate the symptoms to boost the case. Of course, there are also real Class A misdemeanor assault victims out there who have suffered. Still, it's important to understand that some people manipulate the system to get what they want.
You might think that since pain cannot be proved, it can't be disproved either. While that's true to a certain extent, a Travis County Class A misdemeanor assault lawyer can collect evidence to create doubt about the bodily injury and other evidence. Contact our firm today to schedule a consultation and learn more about our defense strategies.
Defending Against Class A Misdemeanor Assault
Based on the evidence, your attorney might present a case that shows that the accuser lied about getting hurt during the incident. However, that's just one of the numerous defense options. For instance, the evidence might demonstrate that you were defending yourself from an attack, which is within your rights. It also might show that you were protecting someone else or your property. Texas law grants people the right to use reasonable force in both instances.
This is far from an all-inclusive list of defense strategies. Call our Travis County Class A misdemeanor assault lawyer to go over the details of your situation and discuss your options.
Do You Need An Affidavit Of Non-prosecution?
Sometimes, alleged victims file affidavits of non-prosecution, effectively distancing themselves from the case. While you might think that such a document will force the prosecution to drop the charges, that's rarely the case. Prosecutors typically move forward out of concern over bullying and witness intimidation. Consult with our Travis County Class A misdemeanor lawyer to find out more about the impact of affidavits of non-prosecution and witness testimonies.
Under certain circumstances, prosecutors might choose to enhance a Class A misdemeanor assault to a felony. For instance, if the alleged assault was against a law enforcement officer, you can be charged with a third-degree felony. On the other hand, if you've been charged with assaulting a family member or romantic partner, the state might enhance the charge to a second- or third-degree felony. These are just some of the ways prosecutors enhance charges. However, enhancements aren't set in stone, and your Travis County Class A misdemeanor assault lawyer can work to reduce the charges.