Assault And Battery Charges Defense in San Antonio
Assault is one of the most common of all violent crimes committed in Texas. In some states, assault and battery charges are treated as two separate crimes. But in Texas, they are treated the same regarding burden of proof.
To be prosecuted for assault, it must be proven that a defendant recklessly, intentionally, or knowingly caused bodily injury to a person, or that they were responsible for causing physical contact with a victim, or that the defendant threatened a victim with imminent bodily injury.
When these minimum standards are met, a person can be charged with assault. However, there are sometimes enhancements which mean that more serious charges can also be brought against a defendant.
Understanding Different Kinds of Assault Charges
An assault case becomes an aggravated assault case when a defendant uses or exhibits a deadly weapon during an assault, causing serious bodily injury. This can be anything from a rock, to a knife, to a gun. Just about any item can qualify as a deadly weapon.
When a person attacks another and commits a sex act in the process, then the charge can become sexual assault. Sexual assault is also commonly known as rape. The charge is elevated to sexual assault when a person intentionally and knowingly commits any of the prohibited sexual activities listed under Texas’ sexual assault law without consent.
Simple assault charges may be charged as misdemeanors, resulting in a fine of $500. But with enhancements, various types of assault can be charged as second-degree felonies, and upon conviction can result in up to 20 years in prison and a fine of up to $10,000.
Possible Defense Strategies an Assault Attorney May Use
Depending on the facts of your case, Mr. Ruiz may employ any number of possible defenses. They might include:
· Defending others
· Defense of your property
· The act was unintentional or a mistake
· No act of violence took place
· Diminished mental capacity
· The defendant was extremely young and could not distinguish the consequences of their actions
Of these, self-defense is the most commonly used, especially in cases where it is easy to show that the defendant faced an imminent threat.
The Law Office of George C. Ruiz serves clients in San Antonio, New Braunfels, Schertz, La Vernia, Seguin, Leon Valley, and other nearby Texas communities.