How To Beat An Aggravated Assault Charge: A Former Prosecutor Explains! (2021) скачать в хорошем качестве

How To Beat An Aggravated Assault Charge: A Former Prosecutor Explains! (2021)

How To Beat An Aggravated Assault Charge! A Former Prosecutor Explains! Why are You Facing a Texas Aggravated Assault Charge? If you’re facing an aggravated assault charge in Texas, you may wonder what the difference is between simple assault and aggravated assault. In this post, we’ll explain the difference and tell you what you can do to fight your charges. Texas Assault Charges Simple Assault In Texas, you can be charged with simple assault for the following reasons: • You intentionally, knowingly, or recklessly caused bodily injury to another person. • You intentionally or knowingly threatened another person with imminent bodily injury. • You intentionally or knowingly caused physical contact with another person when you had knowledge or should have had reasonable knowledge that the other person would find the physical contact offensive or provocative. Simple assault is usually a class C misdemeanor in Texas. A conviction will result in a fine of up to $500. It can be raised to a class A misdemeanor charge if the victim is elderly or disabled. A conviction will result in up to one year in jail, a fine of up to $4,000, or both. It can also be converted to a class B misdemeanor charge if it is committed against a sports official or athlete at a sporting event. A class B misdemeanor is punishable by up to 180 days in jail, up to a $2,000 fine, or both. Depending on the circumstances, the simple assault charge may qualify as a first, second, or third degree felony, punishable by years in prison and fines of up to $10,000. Aggravated Assault Your charge may be issued as aggravated assault under the following conditions: • You intentionally, knowingly or recklessly caused serious bodily injury to someone else. • You exhibited or used a deadly weapon during the offense. This includes threatening someone else with bodily injury or exhibiting behavior that the victim would reasonably find offensive. Bodily Injury vs. Serious Bodily Injury in Texas The difference between bodily injury and serious bodily injury is as follows: “Bodily injury” means physical pain, illness, or any impairment of physical condition. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. A conviction for aggravated assault will result in a second degree felony, which is punishable with 2-20 years in prison and a fine of up to $10,000. This applies for using a deadly weapon during the assault. If the use of a deadly weapon during assault causes serious bodily injury to the victim, a first degree felony charge will result. This is a serious charge with a penalty of 5-99 years in prison and a fine of up to $10,000. AGGRAVATED ASSAULT BY THREAT What if no one was hurt? What if you were just holding the weapon? What if you didn’t threaten anyone but the alleged victim felt threatened? Yes, you can still be arrested. What if someone is acting crazy towards you and you pull your gun to defend yourself? Did you do anything wrong? NO! But because you have a weapon, the police may choose to arrest you. What about a road rage incident? What if someone claims you drove your car in a way that made them fear for serious bodily injury or death? The threat or fear of this result can result in an arrest for aggravated assault if the police believe the statement. WHAT IS A DEADLY WEAPON? Any item in its intended use that can cause serious bodily injury or death can be considered a deadly weapon under the law. In other words, a gun, a knife, a car or even a pen can be considered a deadly weapon. You must consider its intended use. Defenses to Aggravated Assault Charges in Texas You can be charged with aggravated assault even if you did not touch the alleged victim. Merely waving a deadly weapon and making a threat, can lead to charges of aggravated assault. FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS CLICK HERE https://www.criminalattorneyfortworth... 0:00 How To Beat An Aggravated Assault Charge: A Former Prosecutor Explains! 00:43 What is the difference between an “Assault” and “Aggravated Assault” Charge? 01:30 What does an “Assault By Contact” mean? 03:05 What does “Serious Bodily Injury” mean? 04:30 What does “Aggravated Assault by Threat” mean? 05:52 What is considered as “Road Rage Incident” under Texas Law? 07:03 what is a “Deadly Weapon?” 07:50 #1 defence to Aggravated Assault charge in Texas. 08:22 #2 defence to Aggravated Assault charge in Texas. 09:05 #3 defence to Aggravated Assault charge in Texas. 09:45 #4 defence to Aggravated Assault charge in Texas. 10:22 #5 defence to Aggravated Assault charge in Texas. 10:55 #6 defence to Aggravated Assault charge in Texas. 11:22 #7 defence to Aggravated Assault charge in Texas. 11:40 What is “Grand Jury?”