For Those Charged With a Crime
Legal Defense For Aggravated Assault
Protecting Your Rights In Fort Bend County
Since aggravated assault is a felony offense in Texas, anyone charged with the crime needs to consult with a Texas licensed criminal defense attorney that has amassed an impressive record of successfully litigating aggravated assault cases. The ramifications of working with a public offender or worse, defending yourself, include having the felony conviction stain your background report for the remainder of your life. Employers will avoid you and landlords will shun you. In other words, a felony conviction dramatically changes your life and not for the better.
The negative consequences of a felony conviction for aggravated assault means you should consult with an accomplished criminal defense attorney such as Adam Capetillo. Adam has gained the experience required to use the right defense for your aggravated assault case. You can expect a comprehensive review of your case during the free initial consultation, as well as a detailed investigation into every facet of your case. If your case goes to trial, our Sugar Land, TX defense attorneys will come well equipped with the most effective legal arguments and the most powerful pieces of physical evidence.
How Texas Law Defines Aggravated Assault
Although many states have written complex aggravated assault statutes, Texas Penal Code Section 22.02 presents an easy to understand definition of aggravated assault in Texas. A person commits aggravated assault in Texas when he or she “intentionally, knowingly or recklessly causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of the assault.” Texas aggravated assault law goes on to define bodily injury “as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any body part or organ.”
Punishment for an Aggravated Assault Conviction in Texas
As a second degree felony, aggravated assault is viewed as one of the most serious violent crimes committed in the State of Texas. Perpetrators of aggravated assault in Texas can face a prison sentence of between two and 20 years and/or a fine that cannot exceed $10,000. The two years of minimum incarceration is another reason why anyone charged with an aggravated assault crime should consult with a Texas licensed criminal defense attorney.
A Texas judge can request an upgrade of an aggravated assault charge to a first degree felony if a defendant used a deadly weapon during a violent family-related assault that caused serious bodily harm. A first degree aggravated assault charge is also on the table for a defendant that commits the crime against a witness, informant, security guard, or public official. The penalty for a first degree felony conviction is minimum jail time of five years and a maximum prison sentence of 99 years. There is also the possibility of a fine up to $10,000.
Common Aggravated Assault Defenses
Devising defenses for an aggravated assault charge involves planting the seeds of doubt into one or more of jury members. Like all states, Texas requires prosecutors in criminal cases to prove accusations “Beyond a reasonable doubt.” The stringent litmus test for criminal guilt gives experienced criminal defense lawyers like Adam Capetillo plenty to work with in the defense of clients. The most effective way to use the “Beyond a reasonable doubt” litmus test concerns proving your innocence.
Our goal at Capetillo Law Firm is to exonerate our clients of all criminal charges. By proving your innocence, not only do you avoid a felony conviction for an aggravated assault charge, you also do not have to deal with the often onerous terms of a probationary period. We prove innocence by drilling legal holes into the prosecution’s case. For example, we will search for two or more eyewitnesses that can verify your whereabouts during the time of the aggravated assault. By presenting an airtight alibi, the jury has no other choice but to return with a not guilty verdict.
In criminal cases that pertain to the use of violence, self-defense is the most common defense presented in a criminal court. Also referred to as the affirmative defense, self-defense carries with it several standards that must be met to plant the seed of reasonable doubt. The force you used to defend yourself must be proportional to the force used by the other person. Moreover, the other person must have initiated violence for you to claim self-defense.
Lack of Evidence
In many cases, prosecutors try to overwhelm jurors with what is called circumstantial evidence. For criminal cases involving the use of violence, a preponderance of circumstantial evidence does not pass legal muster. Attorney Adam Capetillo will work hard to prevent evidence entering into the aggravated assault case than can hurt your legal cause. The evidence might be tainted or it was obtained illegally by a law enforcement officer.
Hire an Experienced Criminal Defense Attorney
If you face an aggravated assault charge, every day you wait to take action is another day the prosecution has to build its case. Schedule an initial consultation with the Sugar Land, TX criminal defense attorneys at Capetillo Law Firm to determine the best course of legal action to take.