Assault is treated as a serious offense and is fervently pursued by law enforcement. There are two types of assault in Carrollton: Simple Assault and Aggravated Assault. Fortunately, if you have been arrested or accused of the offense, a dedicated defense attorney might be able to help.
To obtain the best possible outcome in your assault case, you will need the assistance of a defense attorney experienced in handling these cases. A Carrollton assault lawyer will protect your rights, explore your defenses, and work for the best outcome possible.
To secure a simple assault conviction, the prosecution can charge and prove their case one of two ways. First, they can establish that the accused attempted to commit a violent injury to someone else. Second, they could seek to show that the conduct of the accused put another person in reasonable fear of immediately receiving an injury.
Unfortunately, it is possible to face an assault conviction without ever making physical contact with another individual. In many assault cases, contact is never made with the “victim” yet prosecutors are still moving forward.
There is also an offense known as aggravated assault under state law. In an aggravated assault case, the state must show that the accused committed an assault, and during that assault, they acted with the intent to rob, rape, or murder, they used a deadly weapon, they used a weapon likely to cause strangulation, or they fired a gun out of a vehicle towards someone.
The penalties for assault convictions depend on what type of assault you are charged with. Regardless it is important to explore all defenses to the charge so the lawyer can work on obtaining the best outcome, whether a dismissal, reduction, plea, or trial.
Simple assault is a misdemeanor that carries up to one year in jail. The maximum fine is typically $1000, but it can increase to $5000 if the alleged victim was any of the following:
Aggravated assault, on the other hand, is treated as a felony. A conviction for aggravated assault can carry up to 20 years in the state prison system, so you need to fight the charge with a lawyer in Carrollton for a more favorable outcome.
Some people use the terms “assault” and “battery” interchangeably. In fact, certain jurisdictions use both terms to describe the same criminal offense—that is not the case in Carrollton, as assault and battery have unique legal meanings.
A battery offense involves physical contact with another person. This is unlike assault, which only requires putting a person in a position where they could have been injured.
While you may be feeling overwhelmed after your arrest, you could benefit from aggressively fighting back against the allegations against you. There might be pressure from the prosecutor to plead guilty and accept the consequences, but the reality is that these cases are often defensible.
Let a Carrollton assault lawyer help you build the strongest defense strategy available. Call our office right away to learn more.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC