Misdemeanor Assault Defense

Misdemeanor Assault Defense

Assaultive offenses encompass a range of charges, including assault, battery, domestic (or family) violence, aggravated assault, and homicide. If you face charges for any of these crimes, it is crucial to consult with a criminal defense attorney promptly. At Gunter, Bennett and Anthese our lawyers are well-versed in assaultive offenses. Note that Texas criminal laws follow a distinct process when a juvenile is charged.

Texas Assault Misdemeanors

In Texas, assault can be categorized as a Class C Misdemeanor, Class A Misdemeanor, or a Felony. The Class C Misdemeanor is commonly known as “Simple Assault.” Simple assault charges can result from causing physical contact with another person, knowing or reasonably believing that the contact will be regarded as offensive or provocative. A regular Class A Assault involves causing bodily injury to another, where “bodily injury” refers to pain. For instance, pushing someone without causing pain may lead to a simple assault charge, while causing pain, even without visible injury, may lead to a Class A misdemeanor assault charge.

Punishment for Assault

  • The Class C Misdemeanor offense of simple assault incurs a fine of up to $500.
  • A Class A Misdemeanor is punishable by up to one year in county jail and a $4,000 fine.
  • Aggravated Assault or an enhanced domestic violence assault is a second-degree felony, carrying a sentence of 2 to 20 years in prison and up to a $10,000 fine.

Navigating Misdemeanor Assaultive Offenses

Assault charges, battery allegations, domestic violence incidents, and other related misdemeanors require a nuanced and strategic defense. Our team of attorneys understands the complexities surrounding these misdemeanor charges and is dedicated to providing you with comprehensive legal counsel tailored to the specific nuances of misdemeanors. Whether you are dealing with bodily harm accusations, concerns about your misdemeanor criminal record, or navigating the intricacies of misdemeanor assault charges, our firm is equipped to address each facet of your misdemeanor case with the diligence it deserves.

Expertise in Texas Criminal Laws

It’s important to note that the legal landscape in Texas introduces a unique process when juveniles are charged with assaultive offenses. Our attorneys are well-versed in the specificities of Texas criminal laws, ensuring that we navigate these distinct processes with precision and care, especially when handling cases involving juvenile defendants.

Your Trusted Austin Misdemeanor Battery Lawyer and Criminal Defense Team

When you partner with Gunter, Bennett and Anthese you’re not just securing legal representation; you’re enlisting the support of an Austin misdemeanor battery lawyer and criminal defense team committed to safeguarding your rights and ensuring a thorough defense tailored specifically to misdemeanor circumstances. We understand the gravity of misdemeanor assault charges and the potential impact on your life, and we are dedicated to working diligently to achieve the best possible outcome for your misdemeanor case.

If your case is dismissed, it may be eligible for expunction. We strongly encourage eligible clients to pursue expunction, allowing them to legally deny ever being charged or arrested for a crime.

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Frequently Asked Questions about Misdemeanor Assault

In the legal system, misdemeanors are generally classified into different classes or degrees based on the severity of the offense. The classification system may vary by jurisdiction, but I’ll provide a general overview:

Class C Misdemeanor:

This is typically the least severe level of misdemeanor. Offenses in this class may include minor infractions and are often punishable by a fine. Examples might include disorderly conduct, simple assault, or petty theft. The fine imposed is usually a set amount, and there is no potential for jail time.

Class B Misdemeanor:

Offenses in this class are more serious than Class C misdemeanors but are still considered less severe compared to higher classes. Penalties may include fines, probation, and a potential jail term of up to 180 days. Examples of Class B misdemeanors might include first-time DUI (Driving Under the Influence), trespassing, or simple possession of a small amount of certain controlled substances.

Class A Misdemeanor:

This is a more serious level of misdemeanor. Offenses in this class can result in more significant fines, longer probation periods, and a potential jail term of up to one year. Examples of Class A misdemeanors may include assault causing bodily injury, theft of property valued at a certain amount, or a second DUI offense.

It’s important to note that the above classification system is a general guideline, and the specific classes and penalties can vary by jurisdiction. Additionally, some jurisdictions may have additional classes or use different terminology.

The severity of a misdemeanor offense is usually determined by factors such as the harm caused, the defendant’s criminal history, and the specific elements of the crime. Legal consequences can also include probation, community service, restitution to victims, and mandatory counseling or educational programs.

Understanding the class of misdemeanor is crucial because it helps determine the potential legal consequences a person may face if convicted. It’s always advisable to consult with a legal professional who is familiar with the specific laws of the jurisdiction in question for accurate and personalized advice.

Expunction, also known as expungement, is a legal process allowing individuals to have their criminal records sealed or erased. The process for pursuing an expunction for a misdemeanor varies by jurisdiction, so it’s crucial to consult with a local attorney familiar with the laws in your area. However, I can provide a general overview of the steps involved:

Eligibility Determination: Check the eligibility criteria for expunction in your jurisdiction. Typically, eligibility is based on factors such as the type of offense, case outcome (dismissal, acquittal, or completion of probation), and the time that has passed since the arrest or conviction.

Review State Laws: Familiarize yourself with expunction laws specific to your state or jurisdiction. Each area may have different requirements and procedures.

Obtain Your Criminal Record: Acquire a copy of your criminal record to verify the information it contains. This record is crucial in determining your eligibility for expunction.

Consult an Attorney: Seek the advice of an experienced criminal defense attorney, especially one familiar with Austin battery cases. They can help you understand specific expunction laws in your area, evaluate eligibility, and guide you through the process.

File a Petition: If eligible, your attorney, specializing in Austin battery cases, will assist you in filing a petition for expunction with the appropriate court. The petition outlines case details, including charges, outcomes, and reasons for expunction.

Court Hearing: In some cases, a court hearing may be necessary to present your Austin battery case before a judge. Your attorney will guide you in preparation, including gathering supporting documents and presenting arguments in favor of expunction.

Notification to Relevant Agencies: If granted, the court will typically order relevant law enforcement agencies, court records, and other entities to seal or destroy records related to your Austin battery case.

Verification and Update: After expunction, follow up to ensure records have been properly sealed or destroyed. Verify that your criminal record, particularly related to Austin battery issues, has been updated.

Update Employment and Licensing Authorities: If necessary, inform potential employers, licensing boards, or other entities about the expunction to ensure your Austin battery history doesn’t adversely affect opportunities.

Keep in mind that the expunction process can be complex, and specific steps may vary based on local laws. Consulting with a knowledgeable attorney, especially one experienced in Austin battery cases and criminal defense, is essential to navigate the process successfully and increase the likelihood of a favorable outcome.

The only way you can get an assault charge expunged in Texas is if you have been found not guilty or the case has been dismissed. If you have been found not guilty you can immediately get both the arrest record and the record of charge removed from your record.

In the legal landscape of Texas, an affidavit of nonprosecution holds significance, particularly in cases involving alleged crimes like assault or battery. This written statement, often encountered in misdemeanor situations, is where a victim declares their desire not to press charges against the accused party.

For individuals navigating legal complexities in Austin, especially those dealing with battery issues, seeking guidance from an Austin battery lawyer or a criminal defense attorney becomes pivotal. These legal professionals, equipped with knowledge of Texas misdemeanor laws, can provide essential support when facing assault or simple assault charges.

In the context of Texas misdemeanor cases, understanding the implications of an affidavit of nonprosecution is crucial. Whether the charges involve bodily harm, simple assault, or fall under the broader category of misdemeanors, having the expertise of criminal defense attorneys well-versed in Texas laws is invaluable.

When a person, facing potential misdemeanor charges in Texas, decides not to press charges through an affidavit of nonprosecution, it impacts the legal proceedings significantly. Consulting with a criminal defense lawyer, particularly one familiar with Austin’s legal landscape, is advisable to navigate the nuances of such situations effectively.

In Austin, criminal defense attorneys play a vital role in helping individuals deal with misdemeanor charges. Whether it’s a simple assault charge or concerns related to battery issues, their expertise can guide individuals through the legal processes unique to Texas.

It’s essential to recognize that the legal dynamics in Texas, especially concerning misdemeanors, may vary. Therefore, consulting with a criminal defense lawyer specializing in Austin battery cases ensures that individuals receive tailored advice and support throughout the legal proceedings.

The lawyers at Gunter, Bennett and Anthes are well versed
in violent offenses and are poised to help you

At Gunter, Bennett and Anthes, phone calls are answered 24 hours a day, 7 days a week.Criminal defense is never a nine-to-five job; we’re here when you need us.

Chris Gunter - Austin Defense Attorney

Christopher M. Gunter

Attorney at Law, Austin, TX

Alan Bennett – Attorney at Law, Austin, TX

Alan Bennett

Attorney at Law, Austin, TX

Gene Anthes – Attorney at Law, Austin, TX

Gene Anthes

Attorney at Law, Austin, TX

Thomas Just - Attorney at Law, Austin, TX

Thomas Just

Attorney at Law, Austin, TX

Gary Cohen - Dedicated Texas Parole Representation

Gary Cohen

Dedicated Texas Parole Representation

Camilla Banda

Paralegal, Austin, TX

Sheliah Cromeans

Paralegal, Austin, TX

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