A Houston Attorney Explains How Assault Charges Work in Texas
As a Houston attorney practicing in the state of Texas, I frequently work with clients that are charged with assault and battery. These are serious charges that can result in jail time. Depending on how the assault was committed, the charges may be elevated to aggravated assault that poses an even greater risk of spending years in jail.According to our constitution, a citizen of the United States is innocent until proven guilty. That means that if you have been arrested and charged with assault, you should qualify for release on bail pending your trial. By working with a bail bonds company, you can pay a portion of the fee and go home to your family. It is much easier to prepare for court when you are out on bail and coming into trial on your own accord, makes you look like a free person instead of a guilty one. We recommend taking this option whenever possible.We can meet with you immediately upon your arrest or afterwards, when you are out on bail. Immediately, we will start to prepare your defense. As a Houston attorney, the preparation work we do ahead of the trial is often what determines the outcome. Hours of research, case preparation and witness interviews must be conducted before ever stepping foot in a courtroom. In order to get started, we will ask you a variety of questions in order to learn more about what happened and the circumstances leading up to the event in question.While we are preparing your defense and gathering evidence, the prosecutor will be doing the same. In order to get a conviction, they must prove one of the following:- You touched the victim knowing that your actions would provoke them and be viewed as offensive. An example of this would be shoving someone and that shove leading to a full on fight. Since shoving is considered to be offensive, you should have reasonably known that it would provoke them to retaliate.
- You caused someone bodily harm either on purpose or due to your recklessness.
- You threatened to physically harm someone.
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