Many people go their entire lives without getting into a serious physical altercation with another person. You may have expected that you would live your life in such a manner, but unfortunately, that is not how it worked out for you. Now, you are in trouble with the law.
Whether you had a few too many drinks and ended up in an altercation with another person or were defending yourself from someone else who had a few too many, you have legal options if authorities have charged you with assault and battery. In order to understand those legal options, you may first want to understand the charges you face.
Texas state law
Laws regarding assault and battery vary from state to state. In Texas, if authorities charge you with assault, they must prove at least one of the following scenarios occurred:
- You intentionally or knowingly threatened another person with imminent bodily harm.
- You intentionally, knowingly or recklessly caused bodily harm to another person.
- You intentionally or knowingly caused physical contact with another person knowing that the other person would perceive that contact as provocative or offensive.
Additionally, if the altercation resulted in serious bodily injury or you used a weapon during the altercation, it is likely that a charge for aggravated assault will result.
Classifications of the charges
The type of charge can also range in severity after such an incident. It is possible that you could face at minimum a Class C misdemeanor charge if you made threats of bodily harm or offensive physical contact occurred without any other aggravating factors. On the other end of the spectrum, you could face a first-degree felony charge if the altercation involved someone with whom you have a domestic relationship or the victim was a public official, emergency worker, witness, police officer or security guard.
Working toward favorable outcomes
Only you know the true circumstances that led to your charges, and it is important that you allow that information to work for you as best as possible. You may find that it allows you to create a meaningful criminal defense to combat the assault allegations you face. Of course, you may need help determining exactly how that information could be put to use and working with an experienced criminal defense attorney may allow you to better understand your legal options.