The majority of Assault charges in Williamson County are prosecuted under § 22.01 of the Texas Penal Code. Under this section, A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; OR
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Understanding Criminal Charges for Assault and Battery
Assault and battery are closely related crimes and are generally considered to be acts of violence, even though assault charges may be based on threats without physical contact, and both charges can be brought even when nobody was seriously injured.
People accused of assault in Williamson County have multiple criminal defense options. If you've been charged, you should consult a lawyer immediately to discuss possible ways to avoid prosecution or conviction.
I have a great deal of expereince representing clients charged with assault in Williamson County. In most instances, even if the victim doesn't want to press charges, the State will take over and move forward with the prosecution. In some instances, attending certain classes or taking other proactive steps may convince the prosecutor to dismiss or reduce the charges against you. There may also be issues with the reliability of the evidence, which often includes pictures, video and/or audio and signed statements made by the victim. I will carefully examine the details of your case so I can recommend the criminal defense strategy that is right for you.
If you have been accused of assault against your spouse or another family member, you may find yourself charged with assault family violence. Most of the assault charges in Williamson County are Class A misdemeanors with a punishment range up to 1 year in jail and a fine up to $4000. Often, the local magistrate will issue a temporary restraining order that prevents any form of contact between the victim and the defendant. And while family violence charges are similar to assault and battery charges in many ways, there are some important differences.
For example, if you've been convicted of a prior Assault Family Violence charge, a subsequent charge for assault family violence will automatically be enhanced to a felony, involving greater jail time, possible prison time and greater fines. Additionally, if you are convicted of assault family violence, you may be banned from owning or possessing a firearm.
The Pre-Trial Intervention Program
There are multiple criminal defense options available for people who have been charged with crimes in Williamson County. You may qualify for a special program in Williamson County called the Pre-Trial Intervention Program. This is a six month program that is only an option for first time offenders. Under this program, you are able to avoid prosecution if you remain law abiding and follow all the other terms of the program. Additionally, if you are accepted and complete the program successfully, your charge will be dismissed and you will be eligible to expunge the arrest and charge from your record.
One must apply to the Pre-Trial Intervention Program through an attorney and it is a good option for many people, but it's not for everyone. It is important to have a lawyer review your case to determine whether the prosecution has sufficient evidence against you before considering this option.
Many forms of assault exist. They are often classified as assault by contact, assault with bodily injury or assault family violence. It is important to understand the possible consequences of assault, battery and domestic violence charges so an appropriate criminal defense strategy can be formulated. If you or a loved one has been charged with a crime in Williamson County, don't hesitate to call me at 512-686-0332 or send me an e-mail to set up a free, no-obligation consultation.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
