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 he or she:
(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
People accused of assault have multiple criminal defense options. If you've been charged, you should consult a Georgetown criminal defense lawyer immediately to discuss possible ways to avoid prosecution or conviction. I have a great deal of experience representing clients who are facing such charges. 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 ranging up to one year in jail and a fine of up to $4,000. Often, the local magistrate will issue a temporary restraining order that prevents any form of contact between the victim and the defendant. 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 that offense will automatically be enhanced to a felony, which involves longer 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.
Pre-Trial Intervention Option
There are many options available to you if you are dealing with criminal charges. You might 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 abide by the law 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. It is a good option for many people, but it's not for everyone. Before considering this option, you should make sure to have a lawyer review your case to determine whether the prosecution has sufficient evidence against you.
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 assault, don't hesitate to contact me to set up a free, no-obligation consultation.