Garland Aggravated Assault Lawyer

Garland Aggravated Assault Attorney

Being charged with aggravated assault is a serious event that needs to be taken seriously. The courts do not take someone being accused of causing or threatening serious bodily harm to another person lightly. However, just because someone has made this accusation does not mean that you are automatically at fault. When this happens, you need to get in touch with a Garland aggravated assault lawyer to defend your rights and combat the allegations directly.

At Harris & Harris Law Group, PLLC, our dedicated team of former prosecutors brings decades of combined experience to the table. This level of knowledge has the power to build some of the most effective defenses possible for your case. We understand how concerned you may be over the implications these charges can have on your life, which is why we commit to guide you through the legal process and ensure no one takes advantage of your rights and freedoms.

What Defense Strategies Can Help After Being Accused of Aggravated Assault?

While being accused of aggravated assault can be overwhelming to manage, landing on a solid defense strategy can help you start building your confidence again. Selecting which defense strategies would hold the most weight in court will depend on the circumstances of your case, such as what evidence is available to consider. Some of the most common approaches used in these cases include:

Self-Defense or Defense of Others

If you were protecting yourself or someone else from experiencing unlawful force from another, you could argue that your actions were purely made in self-defense. Texas law recognizes that sometimes, this behavior is appropriate to protect oneself or someone else from immediate harm. To prove this was true in your case, you will need to show:

• You had a reasonable belief the threat was legitimate.
• You only used the necessary amount of force to prevent harm, nothing more.
• You did not provoke the incident or escalate it to something even greater.

Lack of Intent or Accidental Harm

Aggravated assault charges require that the accused individual intended to cause harm. If what happened in your case was a genuine accident with no proof that you set out to harm someone, this alone could be a strong enough defense to have the charges reduced or dropped. For example, if someone trips and accidentally knocks someone over and causes an injury, this would not meet the legal threshold for an aggravated assault. Therefore, the case would not be valid.

False Accusations or Mistaken Identity

Sometimes, an individual is falsely accused of committing aggravated assault due to a personal conflict or misunderstanding. For instance, if someone has a problematic past with someone else, they could be motivated to fabricate a claim to try and receive full child custody or just carry out an act of personal revenge. Additionally, the defendant could be mistakenly accused if the incident happened in a crowded area.

Insufficient Evidence

The prosecution is required to prove every element of aggravated assault beyond a reasonable doubt. If there isn’t enough credible evidence, it could force the prosecution to reduce the charges or drop them entirely. To help get your case to a point where there is insufficient evidence, your Garland Aggravated Assault Lawyer may start to challenge the credibility of witnesses, question how accurate the forensic evidence is, and highlight any inconsistencies spotted in the police reports.

Violation of Constitutional Rights

If your Garland Aggravated Assault attorney can find any evidence that your constitutional rights were violated during the arrest or investigation process, it could be enough to dismiss core pieces of evidence that would make it difficult for the prosecution to prevail. Some common violations include officers conducting a search and seizure without a warrant, failing to read Miranda rights, or coercing a confession out of the defendant unlawfully.

FAQs About Garland, TX Aggravated Assault Laws

Q: How Much Jail Time Is Possible for Aggravated Assault in Texas?

A: The possibility and length of jail time in Texas will depend on the severity of the offense someone is found guilty of. For instance, if someone is found guilty of aggravated assault as a second-degree felony, they can be sentenced from two to twenty years in prison. If this is bumped up to a first-degree felony, they can be sentenced from five to 99 years in prison. With such a wide range of possibilities, even reducing your charge could significantly impact your penalty.

Q: Can Aggravated Assault Charges Be Dropped?

A: Yes, it is possible for aggravated assault charges to be dropped. However, this depends on different factors, such as the strength of the prosecution’s case, the victim’s willingness to cooperate, and any other mitigating circumstances involved. If the evidence appears weak, such as a lack of credible witnesses or blurry surveillance footage, the prosecution may have to dismiss the case. An Aggravated Assault Lawyer in Garland, TX can help suggest how reliable the evidence is, attack or point out issues with the evidence, and advocate for a dismissal or reduction of the charge.

Contact Harris & Harris Law Group, PLLC Today

If you have been accused of aggravated assault in Garland, Texas, it’s time to contact our firm. These are serious accusations to face, but with a quality legal defense team on your side, you can be better positioned to combat the allegations and protect your rights.