Dallas Assault Defense Lawyer
NEED THE BEST Assault Lawyer IN DALLAS?
If you need the best assault lawyer in Dallas, you need look no further. Gallian Firm has the experienced, aggressive assault lawyers you will want at your side when your freedom is on the line.
Cases involving assault charges are common in courtrooms in Dallas and throughout the State of Texas. Physical contact with the alleged victim is not required for an individual to be arrested on a simple assault charge. These allegations could arise from numerous acts that are deemed threatening, violent, and/or offensive. The term ‘simple assault’ is misleading because no assault case is simple.
Texas prosecutors will work relentlessly to enhance simple assault charges to aggravated and/or felony offenses. When successful, a conviction for felony assault carries harsh and lingering penalties, including decades behind bars, hefty fines, and a stained criminal record.
Assault is an extensive area that could include a wide range of circumstances varying in severity. It is important to understand what constitutes assault in Texas and how the legal system addresses these charges. Understanding the different types and penalties can help ensure that you are prepared to fight your case. An assault charges lawyer will be essential as you move forward. Contact Gall
ian Firm today for a free consultation!
Assault Attorney QUESTION: HOW IS ASSAULT DEFINED IN TEXAS?
Assault is a broad category in law that could be applicable for a wide range of violent and non-violent acts. Many people who are facing assault charges were involved in minor non-violent altercations. Texas law vaguely defines assault and does not require physical contact, meaning that these charges could occur as a result of verbal or non-verbal words and behaviors that another individual perceives as a violent threat.
For example, mimicking the act of physical assault, such as pretending to hit, smack, kick, etc., could also be perceived as threatening behavior and grounds for an assault charge.
Generally, assault is defined as causing intentional harm or offensive contact to another person.
By legal definition, an individual could be charged with assault if they are accused of committing one of the following acts:
- Intentionally or Recklessly Causing Physical Harm to Another Individual
- Threatening to Harm Another Individual
- Performing Any Act of Physical Contact That Is Knowingly Offensive
For example, throwing a punch and missing the alleged victim is still considered assault under Texas law.
COMMON TYPES OF Types of Assault INCLUDE:
- Simple assault
- Verbal assault
- Aggravated assault
- Assault and family violence
- Assault with a deadly weapon
- Sexual assault
There does not need to be physical injuries and/or proof that the alleged act occurred for an individual to be convicted on an assault charge. The likelihood of a conviction significantly increases if the defendant neglects to hire an excellent, qualified assault charge lawyer.
OTHER Examples of Assault INCLUDE:
- Attempting to spit on an Individual
- Shoving
- Smacking
- Punching
- Kicking
Intentionally committing a non-related act that results in another person being harmed is also considered assault. For example, an individual could be charged with assault for intentionally throwing an item and accidentally striking another person causing harm. Although, they did not intentionally hit the other person, they did intentionally throw the item that caused the harm.
The prosecution will use these vague definitions of assault to their advantage and push for enhanced charges that carry maximum penalties. The prosecution could utilize numerous circumstantial factors that allow for a simple assault charge to quickly escalate to felony allegations. Any violent criminal conviction, including felony assault could result in excessive damage to your family, reputation, and future.
For example, the criminal charges and penalties would be significantly higher in a case in which if a weapon was used during the alleged assault.
Enhanced Assault Charges MAY RESULT WHEN THE VICTIM IS:
- A child
- The elderly
- A disabled person
- A pregnant woman
- A spouse
- Social Services
- Law enforcement
Abandoning and/or endangering a child is also a form of assault. An individual could face child abandonment charges for something as simple as leaving a child alone in a vehicle.
Assault charges can be tried as a federal offense, depending on the circumstances, severity, and number of charges that the defendant faces. It is also common for defendants to face several types, degrees, and counts of assault within a single case.
BATTERY
Texas law defines battery as an unauthorized touching of another person that is deemed offensive or results in injury. The crimes of assault and battery consist of essentially the same elements and are not handled separately under Texas law.
Assault and battery are closely linked. Assault is defined as any acts that meet any of the three previously mentioned definitions, including verbal threats. Battery is the actual act of the physical assault.
In Texas, battery is handled as varying degrees of assault. This includes intentional acts of harm on another individual, such as hitting, or intentionally committing an act that resulted in unintentional harm.
ENHANCED Felony Charges for Assault
Misdemeanor assault charges fall within 3 categories A, B, or C, each based on the severity of the crime and with varying penalties. A minor physical assault, such as a touch or shove without injury, or verbal threats of injury could be charged as a Class C misdemeanor.
It can be frustrating for a defendant to face charges over minor altercations but there are tactics to beat these charges. Oftentimes, misdemeanor assault charges lack evidence and your defense attorney can utilize tactics to have these charges dropped before trial.
The prosecution will use dirty manipulation and tactics in an attempt to raise assault charges to a heightened severity. Assault charges can also be increased to felony charges if the circumstances of the case meet certain criteria.
Assault May Be Charged as Felony BASED ON:
- The defendant’s criminal History
- Relationship with the alleged victim
- Other charges in the case
Prosecutors may attempt to convince you to agree to plead guilty to a felony assault in omission of guilt for other criminal charges in your case. Do not fall for these tactics. This is a trick that can result in mandatory minimum prison sentences.
Felony Assault - ASSAULT FAMILY VIOLENCE LAWYER
Family violence is a serious assault crime in Texas and you will want to consult with an assault family violence lawyer immediately if you are facing these charges. Accusations for family or domestic violence can apply to more circumstances than most individuals are aware. The defendant and the alleged victim are not required to reside in the same home if their relationship falls within the definition of ‘family’.
Learn more about the relationships, criteria, and other circumstances of family violence. But if you are facing these charges, do not hesitate to reach out to Gregg Gallian, the best assault family violence lawyer in Texas. An assault family violence lawyer who is experienced, relentless and will defend you with passion and knows the tricks the prosecution will try to use to convict you is your best ally if charged.
An individual can face 1st, 2nd, or 3rd degree felony assault charges if they have a history of domestic violence charges in the past depending on the severity of injuries. It is important to note that previous convictions are not required to pertain to the same family member.
FELONY ASSAULT - MEDICAL BATTERY
Medical battery is a serious charge that medical professionals could face for performing a non-emergency medical procedure without the consent of the patient. This entails any unauthorized touching of the patient’s body by any member of the medical community.
FELONY ASSAULT - STRANGULATION
Charges are automatically enhanced to felony charges if serious injuries and/or strangulation occur during any assault. Strangulation is defined as intentional covering of the mouth, throat, and/or nose in an attempt to prevent another individual from breathing.
FELONY SEXUAL ASSAULT
Sexual assault is an automatic felony offense and is defined by separate criteria than a basic assault charges. Sexual assault charges are the most severe form of assault allegations with the most extreme penalties. Examples include rape, sexual abuse, and indecent exposure. These cases require immediate legal assistance.
Learn more about the definition, severity, and penalties for sexual assault.
Sexual assault is assessed under different legal terms than standard assault charges because of the nature of these crimes. Sexual assault charges carry harsh and lingering penalties, including mandatory sex offender registration. Penalties for a sexual offense could potentially destroy your family, employment, and future opportunities.
Gallian Firm has extensive experience and a track record of success in defending these unique and high-risk cases.
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Sexual assault is assessed under different legal terms than standard assault charges because of the nature of these crimes. Sexual assault charges carry harsh and lingering penalties, including mandatory sex offender registration. Penalties for a sexual offense could potentially destroy your family, employment, and future opportunities.
Gallian Firm has extensive experience and a track record of success in defending these unique and high-risk cases.
WHEN TO CONTACT AN AGGRAVATED Aggravated Assault Lawyer
Aggravated assault is the most serious form of an elevated assault charge and you will need a top aggravated assault lawyer if you are charged with this crime. Any crime that falls within the category of aggravated assault is charged at a minimum of a 2nd degree felony.
Aggravated assault can easily be enhanced to a 1st degree felony offense depending on the severity of injuries the defendant’s relationship with the victim. It can get complicated–so contact the assault defense lawyers at Gallian Firm to receive more information about the specifics of your case.
TEXAS DEFINES AGGRAVATED ASSAULT AS:
- Assault that causes serious bodily injury to another, including the person’s spouse. or
- Use or exhibit of a deadly weapon during the commission of an assault.
Simply using a weapon to invoke fear during an assault raises the act to an aggravated charge. This is true regardless of if the weapon was used to harm the alleged victim.
The definition of serious bodily injury is vague and at the discretion of the judge and jury. Generally, serious bodily injury involves any injury that requires immediate medical attention, hospital stay, and may require extensive recovery time. An aggravated assault lawyer is essential if your actions have led to a high degree of bodily harm to the victim.
EXAMPLES OF SERIOUS BODILY INJURY INCLUDE:
- Permanent injury
- Disfigurement
- Damage to internal organs
- Mental impairments
- Substantial risk of death
An assault on a police office or public servant is an automatic aggravated offense and charged as a felony. This requires the defendant to knowingly commit an assault against an officer or other government worker, including EMS, social services, correctional facility staff, etc.
HOW DOES TEXAS DEFINE KIDNAPPING?
Kidnapping is defined as when an individual intentionally abducts another person with the intent to have lawful control.
Kidnapping is a 3rd Degree Felony charge under Texas law. This carries a penalty of 2 to 10 years of imprisonment.
If force, deception, or intimidation are used this charge can be raised to aggravated kidnapping.
Examples of Aggravated Kidnapping Include:
- Kidnapping for Ransom
- Use As Shield
- Physical or Sexual Abuse Occurs
- Use or Exhibition of a Deadly Weapon
Aggravated kidnapping is a 1st-degree felony. This increases the penalty to 5 to 99 years behind bars.
WHAT IS THE DIFFERENCE BETWEEN ASSAULT AND AGGRAVATED ASSAULT?
Aggravated assault is a more severe type of assault charge that carries harsher penalties. This determination is based on the circumstances of the charges and the severity of the injuries that the victim sustained.
CIRCUMSTANCES OF AGGRAVATED ASSAULT COULD INCLUDE:
- Assault Against a Public Servant
- Assault Performed by a Public Servant
- Retaliation Against a Witness or Informant
- Assault with a Motor Vehicle
Aggravated assault charges can also result if a deadly weapon is exhibited or used when the crime was committed.
There are other situations that can result in aggravated assault allegations, including spousal violence. Visit the family violence page for more information about these circumstances.
Penalties for all aggravated crimes are increased to felony charges.
HOW DOES TEXAS DEFINE SEXUAL ASSAULT?
Sexual assault is defined as any non-consensual activity that involves contact and/or penetration of the mouth, anus, and/ or sexual organs.
WHAT IS AGGRAVATED SEXUAL ASSAULT?
Sexual assault is raised to aggravated sexual assault when coercion, force, violence, or threats of violence are used to commit the crime. There are also other circumstances in which these charges may be raised to aggravated.
SEXUAL ASSAULT COULD INCLUDE:
- Penetration of the anus or sexual organs of another individual.
- Accusations that the defendant penetrated another person’s mouth with their sexual organ.
- Accusations that the defendant causes another person’s sexual organ to penetrate their mouth, anus, or sexual organ.
Sexual assault is a 2nd-degree felony and can result in anywhere from 2 to 20 years behind bars and a fine of $10,000.
AGGRAVATED SEXUAL ASSAULT MAY INCLUDE:
- Intentional Impairment of the Victim
- Sexual Assault on an Unconscious Person
- The Victim is Unaware of Assault
- Victim Fears Additional Harm
Aggravated sexual assault is a 1st-degree felony conviction that may result in 5 to 99 in prison and $10,000 in fines.
USING POWER AND INFLUENCE IN SEXUAL ASSAULT
Sexual assault can also be defined as aggravated when an individual uses power and/or influence over another person to commit the crime. This involves the exploitation of an individual’s physical and/or emotional dependency on the assailant.
These Circumstance May Include Allegations Against a:
- Public Servant
- Clergyman
- Employee of a Facility
- Caregiver
- Coach
- Tutor
- Healthcare Provider
Healthcare providers include any medical worker that cares for a patient, including doctors, registered nurses, chiropractors, counselors, and physical therapists.
Penalties for Assault Charges CHARGES
The penalties for an assault conviction will depend on several circumstances that are unique to your case, including the title of alleged victim, severity of injuries, and additional current and past criminal charges.
Any assault that involves drugs, weapons, or is committed against a vulnerable individual is likely to face a higher severity of penalties.
3RD DEGREE FELONY
Threats or physical assault on government workers, including EMS and security guards, is generally charged as a 3rddegree felony.
An individual could face sentencing of up to 10 years in prison if convicted on 3rd degree felony charges.
2ND DEGREE FELONY
2nd degree felony assault could apply in numerous cases, including acts that resulted in serious injury, assaults against vulnerable persons, or an assault on a police officer.
Convictions of 2nd degree felony assault could face up to 20 years in prison and a $10,000 fine.
1ST DEGREE FELONY
A conviction of 1st degree felony is the most serious assault charge that an individual could face in Texas. This may be applicable in cases of repeat domestic violence, strangulation, sexual assaults, and other aggravated cases.
Any assault that results in severe physical and/or emotional trauma to the alleged victim is likely to be charged as a 1st degree aggravated assault.
A 1st degree felony conviction carries penalties ranging from 20 years to life in prison and a $10,000 fine.
ADDITIONAL PENALTIES
Assault is considered a violent crime and there are additional penalties that extend beyond mandatory prison sentences and fines.
A conviction for assault could have devastating effects on your family unit, including marital and child custody issues.
As an assault lawyer will communicate to you, these charges would also have a significant impact on your professional and personal reputation. The impact of these charges could potentially destroy your current and future housing, employment, and educational opportunities.
A TOP Assault Defense Attorney CAN HELP
Texas has a reputation for its harsh and unforgiving legal system. While many states have steadily reduced the number of incarcerated populations, Texas remains the epicenter of mass incarceration. This is evident by the disproportionately high number of Texans in state jails and prisons.
Nearly 700,000 people in Texas are in the criminal justice system by incarceration, parole, probation, and other legal repercussions. One out of every ten people incarcerated in Texas state prisons are serving anywhere from 60 years to life. These harrowing statistics demonstrate the importance of having an experienced assault defense lawyer fighting for you in the courtroom.. This is especially true for individuals who are facing several charges and/or have a previous criminal history.
A defense attorney is legally responsible for fighting for your innocence and defending you in the courtroom, regardless of whether or not you committed the crime. Your assault lawyer’s job is to ensure that you are treated fairly and that your legal rights are protected.
Defenses for Assault AND THE NEED FOR AN Assault Lawyer
An assault charges lawyer has access to tools and resources to build effective defense cases. Your assault lawyer can access all relevant information, including witness testimonies and other evidence. Your lawyer will then choose the best defense route for your case based on these unique circumstances.
There are several defense tactics that can be utilized to potentially clear and/or lessen assault charge allegations. Some defense strategies mauy include:
- Self-defense or property defense
- Protecting another individual
- Innocence
- Constitutional violations
- Involuntary intoxication
Which tactic would be most successful for your unique case will depend on several factors. Assault could also be justified if acts were committed out of necessity or forced.
SELF-DEFENSE
Self-defense is a commonly utilized and often effective argument for beating assault charges. There are several elements that must be met for self-defense to be a viable defense tactic. One crucial element of an effective self-defense argument will be to prove that the defendant used the least amount of force necessary to fight off an attack.
Texas is a stand your ground state. This means that you are not legally required to retreat during a confrontation. However, this does require Texans to respond to violence with an amount of force that is appropriate during the confrontation.
For example, pulling out a gun during a verbal or minor physical altercation would not be considered necessary.
Executing this defense strategy effectively would require your criminal defense lawyer to prove that your actions were necessary to protect yourself from and/or during an assault.
An individual who responds to verbal threats with physical violence would need to prove that they truly believed the assailant would follow through with these threats and they were in danger of imminent harm.
PROTECT ANOTHER INDIVIDUAL
Texans have the legal right to intervene if they witness a crime, including an assault on another individual. The same rule of using reasonable force applies when an assault is committed to protect another person during an assault or if there are threats of imminent harm.
DEFEND YOUR PROPERTY
An assault can also be considered legitimate when it is enacted to protect an individual’s property, including home and vehicle.
It is important to note that all forms of committing assault in defense, including cases of self, others, and property still require the defendant to have used an amount of force that is reasonable and applicable to the threat that is occurring.
INNOCENCE / ABSENCE OF GUILT
An assault can also be considered legitimate when it is enacted to protect an individual’s property, including home and vehicle.
It is important to note that all forms of committing assault in defense, including cases of self, others, and property still require the defendant to have used an amount of force that is reasonable and applicable to the threat that is occurring.
LACK OF MENTAL STATE
Criminal convictions require that an individual acted knowingly and intentionally. A lack of an appropriate mental state may be considered justification against allegations of reckless and unintentional assault.
Texas is a stand your ground state. This means that you are not legally required to retreat during a confrontation. However, this does require Texans to respond to violence with an amount of force that is appropriate during the confrontation.
For example, pulling out a gun during a verbal or minor physical altercation would not be considered necessary.
Executing this defense strategy effectively would require your criminal defense lawyer to prove that your actions were necessary to protect yourself from and/or during an assault.
An individual who responds to verbal threats with physical violence would need to prove that they truly believed the assailant would follow through with these threats and they were in danger of imminent harm.
Getting an Assault Charge Dropped WITH THE HELP OF YOUR DEFENSE ATTORNEY
Oftentimes, especially in cases of domestic family violence, the alleged victim will try to ask the courts to drop the assault charges. In some states, the victim can request that charges be dropped against the defendant.
Unfortunately, that is not how the Texas legal system works. Once an assault charge has been filed the victim cannot retract their case. The case now lies in the hands of the prosecution, and they are the only ones who have the power to drop the assault charges.
The prosecution may be forced to drop an assault charge if the alleged victim changes their mind and refuses to work them. An aggressive, relentless assault charge lawyer like those you will meet at Gallian Firm can present arguments before the trial date which may persuade them to do so.
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Gallian Firm has successfully helped hundreds of clients in Dallas and throughout the State of Texas beat serious assault charges. Assault lawyer Gregg Gallian is a former prosecuting attorney and is experienced in handling all types and severities of assault cases. He and his team will work aggressively and relentlessly to clear your name and reputation.
HIRE GALLIAN FIRM, THE BEST Assault Defense Lawyers In Texas
Do not let the prosecution convict you of a violent crime. The right assault defense attorney can stop the prosecution from enhancing assault charges to the felony level. Reach out immediately if you are facing allegations of assault in Dallas, Texas or surrounding areas. Award-winning assault lawyers Gallian Firm will assess the unique circumstances and factors in your case to determine the best route of defense.
This will depend on testimonies, evidence, and other elements that are available for legal professionals to access before the trial date. Gallian Firm has successfully helped hundreds of clients in Dallas and throughout the State of Texas beat serious assault charges.
Gallian Firm features former prosecuting attorneys who are experienced in handling all types and severities of assault cases. The Gallian legal team will work aggressively and relentlessly to clear your name and reputation.
Assault Lawyers FAQ'S
If you have been charged with assault in Dallas, an experienced, aggressive assault lawyer will be able to guide you through the process and, most importantly, fight relentlessly to defend you. Gregg Gallian is a former prosecutor and knows all of the tricks a prosecutor may use against you. He will be prepared and will fight for you unlike any other defense attorney.
Each case and circumstance is different, so once assault charge lawyer Gregg Gallian reviews your particular case, he can counsel you on what the options may be. Gallian Firm has successfully had countless charges dropped against their clients, even when it appeared impossible. Call for a free consultation with this top assault charges lawyer and we can get more detail as to your circumstances.
Easy. Call (214) 432-8860 or click here.
Every case is different and warrants its own analysis. However, our prices for defending you against assault charges are very reasonable for the services provided.
Finding the best defense lawyer for you is critical. Before you go further, maybe check out some of the client reviews from past clients. Then, fill out an online form for a free consultation–there is no obligation or requirement that you hire anyone. Perhaps you feel most comfortable speaking by phone. Gregg Gallian is a compassionate, understanding defense attorney who is a good listener. Then you can decide if you wish to retain or consult further with Gallian Firm.
Absolutely. As we always advise our clients, one of the ways you can help yourself avoid serious penalties and get ahead of the case if you are charged with assault is to be proactive and hire the best assault lawyer you can find.
Your assault lawyer should have the qualities we possess here at Gallian Firm. Experience, compassion, an extensive knowledge of assault laws in Texas, and a fierce, aggressive desire for justice for our clients, whether in court or negotiating with prosecutors.
It will cost you nothing—Gallian Firm offers a free, in-person consultation and case review. No charge. At the consultation, we will discuss our fee arrangement moving forward.
Yes, we can help you by telephone or video conferencing. Simply contact our office and we can walk you through the steps. You can also fill out our confidential online form and provide us with more details. We will not share your information with anyone.
If you are looking for the best assault defense lawyer, you can start by doing an internet search. It is important to do your research and look at reviews, online information, the website of the prospective assault lawyer, and review all available information. After that, you need to meet with the lawyer to see if he or she are the right fit.
Bring all information related to your case. It is very helpful to have documents and any other information that may pertain to your case, so our defense attorneys can give you the best possible advice.
If you are convicted of assault in Dallas, Texas, the consequences can be serious. Penalties may include fines, probation, or even jail time, depending on the severity of the assault offense. A conviction can also impact future opportunities, such as employment and housing. At Gallian Firm, we regularly handle assault cases and will fight aggressively to help you achieve the best possible outcome for your case.
Even if you have never been convicted of a crime before, a first-time assault conviction in Dallas can lead to the same consequences we mentioned above: fines, probation, mandatory anger management classes, or, in more severe cases, incarceration. It’s crucial to contact us right away! We offer a confidential free consultation and case review, so there is no risk to you and no cost. At Gallian Firm, we have a track record of success defending our clients against assault charges in Texas and can work to build a strong defense tailored to your specific situation.
Having a criminal record can potentially impact the severity of the consequences of an assault charge in Dallas. Previous convictions may lead to enhanced penalties, such as longer jail sentences or higher fines. Our experienced assault defense attorneys at Gallian Firm have been working for years successfully defending individuals with prior criminal records.
Contacting Gallian Firm for assistance with your assault case is easy! Call us at (214) 432-8860 and someone will answer 24 hours, 7 days per week. You can also contact us by submitting a confidential form and we will contact you. Our experienced assault defense attorneys in Dallas are ready to provide the legal support and guidance you need during this challenging time. We are here to help and fight for you!
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