If you are facing an assault charge in Bedford, Texas, your future is on the line. A criminal conviction can have lasting negative consequences in your life that can include considerable prison time and substantial fines – in addition to your social standing being permanently scarred. You must bring your strongest defense by working closely with a seasoned Bedford assault lawyer.
The legal team at the Fulgham Law Firm is made up of five former prosecutors who know their way around criminal cases in Bedford. Our attorneys collaborate to ensure that we use our collective knowledge and extensive experience when reviewing every assault case. The goal is to have your case dismissed and expunged, and we'll work diligently in our efforts to accomplish this.
The dedicated Bedford assault lawyers at the Fulgham Law Firm can help you understand the assault charges against you and work with you to build a solid defense that is well-suited to your unique case. We will zealously pursue justice on your behalf, and you can rely on us to be with you each step of the way to improve your odds of obtaining the most favorable outcome possible. Give us a call today at 817-877-3030 or contact us online to receive a free consultation.
Why Work with Fulgham Law Firm for Your Bedford Assault Defense
The criminal defense lawyers at Fulgham Law Firm have more than 70 years of collective experience in criminal law. As former prosecutors, we have invaluable insight into Texas' criminal justice system from both sides, which enables us to develop strategic defense plans to help our clients get the positive results they seek.
Our attorneys have handled hundreds of criminal trials throughout the Bedford area, and we have achieved a long record of securing acquittals and dismissals for our clients. When facing criminal charges, knowing What to Look for in a Criminal Defense Lawyer can make a significant difference in the outcome of your case. Even if the evidence against you is strong, we can negotiate with the prosecutor to reduce the level of charges you face and mitigate the potential penalties you may receive.
We also understand how stressful and frightening it can be to face assault charges, which is why we deliver personalized attention throughout the process to address your questions and concerns and provide you with some peace of mind regarding your situation. Although we can't guarantee results, we can promise to work tirelessly to help you achieve the best possible results, considering the facts and circumstances of your case.
For a no-cost review of your case from a qualified and impassioned criminal defense lawyer who has your best interests at heart, contact the Fulgham Law Firm today for a free consultation.
What Is Assault in Texas?
The State of Texas defines assault in the following ways:
- Intentionally, knowingly, or recklessly causing someone else to suffer bodily injury
- Intentionally or knowingly threatening someone else with imminent bodily injury
- Intentionally or knowingly causing contact with someone else that hasn’t been consented to, is offensive to them, or is provocative
Virtually anyone can face assault charges, and it doesn't matter whether the assailant and the victim knew each other. Also, you don't have to make physical contact to be charged with assault. Simply threatening someone or giving them reason to believe you would strike them is enough to have an assault charge levied against you.
While assault charges are generally brought as misdemeanors, this is by no means always the case. Examples of assault charges that are felonies include:
- Aggravated assault
- Domestic violence
- Sexual assault
- Terroristic threats
The Element of Bodily Injury
The element of causing bodily injury in an assault charge refers to causing the other person to experience physical pain. In other words, the person who claims they were assaulted may not even have a visible injury. Instead, they need only testify that they experienced physical pain as a result of the contact, which may leave no mark. In reality, having nothing to show for their claim of having suffered pain can make bringing a successful assault charge far more difficult.
The Threat of Bodily Injury
Assault by threat doesn’t even require that pain be inflicted, and such cases often come down to the word of the person who alleges assault. One of the more common examples of assault charges related to the threat of bodily injury is the charge of aggravated assault – deadly weapon by threat. This refers to an alleged act in which the threat is so credible that the other person has the reasonable belief they will suffer serious bodily injury or death.
While you don’t have to come in physical contact with the other person for the charge of assault to be used, simply getting into an argument with someone else won’t suffice. However, if you have a gun nearby when the argument takes place, and you grab that gun, the person you’re arguing with could claim that your action caused them to fear an imminent injury.
In other words, it’s not the threatening words or actions that constitute the threat of injury in an assault charge but is, instead, the imminent danger – or the likelihood that the person doing the threatening will follow through on the threat. This is what pushes the threat of bodily injury into assault territory.
The Offensive Contact
Offensive contact assault refers to touching someone else in an offensive manner, either intentionally or knowingly, and without the other person’s consent. Even a very brief touch, such as a shove, qualifies, but the touch can also be much longer, such as grabbing someone else’s arm. Generally, the manner of the touch and how severe it is dictates whether the action crosses the line into the arena of offensive or assaultive.
The bottom line is that it doesn’t take much to receive an assault charge – especially in the heat of the moment – but the consequences of being charged can have lasting repercussions. Working with an accomplished assault attorney is always to your advantage.
Assault Charges and Corresponding Penalties
Assault charges can range from a Class C misdemeanor all the way to a first-degree felony, and the fines and penalties range accordingly. How serious the assault is and the relationship between the person charged and the victim both play a role in how the assault is charged. Consider all the following:
- Class C misdemeanor – Class C misdemeanor charges generally apply to threats of bodily injury and offensive or provocative conduct, and a conviction can lead to fines of up to $500. Note that penalties for Class C misdemeanors in Texas do not include jail time.
- Class B misdemeanor – Class B misdemeanor charges generally apply to assault against a sports participant, and a conviction can lead to fines of up to $2,000 and up to 180 days in jail.
- Class A misdemeanor – Class A misdemeanor charges generally apply to assault when there are no aggravating circumstances involved, and a conviction can lead to fines of up to $4,000 and up to 1 year in jail.
- Third-degree felony – Third-degree felony charges generally apply to repeat domestic violence or domestic violence involving choking, child abandonment, assault against a police officer, terroristic threats, discharging a firearm, or harassment of public servants. A conviction can lead to fines of up to $10,000 and from 2 to 10 years in prison.
- Second-degree felony – Second-degree felony charges generally apply to aggravated assault, sexual assault, reckless child abuse, and tampering with products. A conviction can lead to fines of up to $10,000 and from 2 to 20 years in prison.
- First-degree felony – First-degree felony charges generally apply to aggravated sexual assault, aggravated assault with a weapon, and drive-by shootings. A conviction can lead to fines of up to $10,000 and from 5 years to life in prison.
Considering all that's at stake if you're convicted on assault charges, you need to work closely with an experienced Bedford criminal defense lawyer to help you devise a strong defense strategy.
Bringing Your Strongest Defense
If you’re facing an assault charge, it may feel like you have nowhere to turn, but the truth is that you have legal rights that are well worth defending to the fullest extent possible. Keep in mind that just because you’re charged with assault does not make you guilty of the offense. The prosecutor will have to prove your guilt beyond a reasonable doubt, and an attorney can use various defense strategies to prove your innocence outright or at least cast enough doubt to the judge or jury that you are guilty of the offense.
Some common defense tactics for assault charges in Bedford include:
- Self-Defense: If your attorney can demonstrate that you acted in self-defense, it may be a valid defense. This typically involves proving that you reasonably believed you were in imminent danger of harm and that your actions were necessary to protect yourself.
- Defense of Others: Similar to self-defense, your lawyer may argue that you were protecting someone else from harm. This defense usually requires showing that you reasonably believed the other person was in immediate danger.
- Consent: If the alleged victim consented to the actions that led to the assault charge, it might be a viable defense. However, consent can be a complex legal issue, and it's crucial to consult your attorney to understand its applicability in your case.
- Mistaken Identity: If there is doubt about your identity as the perpetrator, your lawyer may challenge the accuracy of the identification.
- Lack of Intent: Assault charges often require the prosecution to prove that you had the intent to cause harm. If your attorney can show that your actions were accidental or lacked intent, you may have a valid defense.
- Alibi: If your attorney can provide evidence that you were not at the scene of the alleged assault when it occurred, this may support your defense.
- Procedural Errors: Your defense attorney may review the procedures followed by law enforcement during the arrest and investigation to identify any violations of your rights, which could potentially lead to the exclusion of certain evidence.
The success of these defense tactics can depend on various factors, and the appropriateness of a particular strategy will depend on the details of your case. You must consult a qualified criminal defense attorney to discuss the specifics of your situation and determine the best course of action.
Frequently Asked Questions
Many people charged with assault have a lot of questions about what to do and how to prepare a solid defense. The best way to get answers is to contact a criminal defense attorney at Fulgham Law Firm. In the meantime, the following may address some of your questions.
I’ve been charged with assault in Bedford. What should I do?
During the arrest and booking process, you want to remain calm and not resist arrest or fight with officers. You could face additional charges if you do. You also want to invoke your right to remain silent and request an attorney.
Seeking legal representation is the most important step you can take after being arrested on assault charges in Bedford, and you need to contact a criminal defense attorney as soon as possible. An attorney can help you understand the nature of the assault charges against you and explain your rights. They can also guide you through the process and provide advice based on the specifics of your case as to your best course of action.
As you work with your attorney, provide them with all relevant information about the incident, including any potential witnesses, evidence, or mitigating circumstances. This information will help your attorney build a strong defense strategy. You must also attend all court hearings and comply with any conditions set by the court, such as bail or other release conditions. Failing to appear can result in additional legal consequences.
If you are in custody, your attorney can help you navigate the bail process. If you are released on bail, ensure that you comply with all conditions set by the court. Keep a record of all communication related to your case. This includes emails, letters, and any other documents exchanged with your attorney, the prosecution, or the court. You may also want to discuss potential plea options with your attorney. Depending on the circumstances, it may be possible to negotiate a plea deal that reduces charges or penalties.
If your case goes to trial, work closely with your attorney to prepare a strong defense. Your lawyer will work to build a compelling defense based on evidence, eyewitness statements, and other information, and present it to the court on your behalf.
Remember that the legal process can be complex, and it's essential to have the guidance of a qualified attorney who can help protect your rights and advocate for you.
It’s just a misdemeanor. Do I really need an attorney?
The fact is that a misdemeanor can lead to serious consequences that can derail your future. In addition to jail time and fines, a conviction is a matter of public record and can have all the following negative effects:
- Make it harder to get a job.
- Interfere with your professional licensure.
- Make you ineligible for a federal student loan.
- Make it difficult to rent an apartment or to get a home loan.
Never underestimate the consequences of misdemeanor charges and ensure you do all you can to defend yourself against the charges.
It’s just a fine. Shouldn’t I just pay it?
If you’re charged with a misdemeanor in Bedford and all you’re facing is a fine, you may think it's no big deal. However, paying that fine translates to your admitting guilt, which means the charge will appear on your record and you may not be able to expunge it. Defending abasing the charge with the help of an attorney is a much better option.
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Reach Out to an Experienced Bedford Assault Attorney Today
When you work with the Fulgham Law Firm, you have a team of former prosecutors on your side, which allows insight into the prosecutor’s perspective and can afford you a serious advantage. To schedule a free consultation and learn more, give us a call at 817-877-3030 or contact us online today.