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Aggravated Assault

Aggravated assault is considered a more serious offense than regular assault, and happens whenever a person uses threat, physical contact or extreme violence to cause bodily harm or injury to another. Some examples of things that fall into this category are:

Requirements for Aggravated Assault Charges

According to the Texas Penal Code, in order to press charges, a district attorney must show that the victim sustained “serious bodily injury.” This does not necessarily mean injuries that would require hospitalization, as severe pain, bruising or emotional trauma would also qualify.

Bodily Harm Charges Carry Significant Punishments

This crime is considered a second-degree felony, and can result in a prison term of up to 20 years and a fine of up to $10,000. In addition, those accused of this crime could also face other sanctions including:

Heat of Passion Defense

The “heat of passion” defense is sometimes used in cases to mitigate the charges in Houston. It is available whenever certain words or acts were committed that consequently inflamed the accused. Acts committed in the heat of passion tend to be viewed differently than ones that are carefully planned, which means charges could be reduced as a result.

Houston Proof of Injury

Defense attorneys in Texas will also make the government prove that the alleged victim did indeed sustain injuries, and that those injuries were a direct result of the defendant’s actions. If the district attorney cannot meet this burden of proof, it will be difficult to convince the jury of a person’s guilt beyond a reasonable doubt.

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Case Results
  • DWI - Harris County
    Young man seen leaving nightclub by a police officer. Client takes and fails field sobriety tests and breathalyzer test.
    Not guilty
  • Possession of Marijuana- Harris County
    Client set for trial on two possession of marijuana cases. Client admits to owning all marijuana in the vehicle on video. Motion to suppress granted.
    Cases dismissed
  • DWI - Harris County
    Client found passed out behind the wheel of a car by police officer after crashing into a light post.
    Case dismissed
  • Solicitation of Prostitution - Matagorda County
    Prison guard arrested for soliciting an undercover police officer. All was captured on audio recording.
    Jury trial, not guilty
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