Category Archives: Aggravated Assault

What Physical Evidence Is Used To Prove Assault in Texas Criminal Cases?

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If you’re facing an assault charge in Texas, one of the most important things to understand is how prosecutors will attempt to prove their case against you. An assault charge does not automatically mean a conviction. The State must present evidence that supports each element of the charge beyond a reasonable doubt.

Knowing the types of evidence commonly used in Texas assault cases can help you understand what you are up against and why experienced legal representation matters. One type of evidence, physical evidence, can be particularly useful in convincing a judge or jury.

Physical vs. Testimonial Evidence

Popular courtroom dramas often focus heavily on certain types of evidence. Courtroom testimony from the victim, the accused or others makes for good television. However, it’s not actually the most reliable form of evidence.

Physical evidence can carry far more weight than testimonial evidence when it comes to a criminal trial for assault or similar crimes. Personal testimony can be false, misleading or inaccurate. Two people describing the exact same incident can produce wildly different accounts.

Physical evidence is more straightforward, making it harder to dispute. This can work for or against you. For example, if your partner tries to drop a domestic abuse case, the prosecutor may decide to proceed based on physical evidence. Conversely, false or exaggerated accusations may be dropped due to a lack of physical evidence.

Examples of Physical Evidence

Generally speaking, physical evidence refers to tangible objects that tell the story of an incident. Some evidence, such as use of a weapon or the severity of bodily harm, may also be relevant to whether you’re charged with a misdemeanor or a felony.

Examples of physical evidence can include:

  • Weapons allegedly used in the incident
  • Clothing worn by an accuser or the accused during the incident
  • Objects used or damaged as part of the alleged crime
  • Injuries, such as cuts and bruises, broken bones and other bodily harm
  • Places where the alleged assault occurred, like an apartment, stairwell or bar. As these can’t be brought into a courtroom, that type of evidence is often introduced through photographs.

This list is not exhaustive, and there are many other possible examples of physical evidence that can be introduced in a case.

Is Forensic Evidence Considered Physical Evidence?

Many forms of forensic evidence are physical, but not all. DNA, fingerprints, hair follicles and ballistic information are all physical forms of forensic evidence.

However, forensics also includes some items that are not considered physical evidence. One example is digital information, like text messages or cell phone tower location data.

The Treatment of Physical Evidence

A vital issue is how physical evidence is collected, maintained and analyzed. If evidence is mishandled or misplaced, it may no longer be admissible in a criminal proceeding.

Chain of custody rules must be followed to uphold the rights of an accused person. If they were not followed, it means the evidence could have been tampered with, broken or exposed to contamination.

Choose an Experienced Texas Criminal Defense Attorney

Evidentiary issues play a huge part in Texas assault cases. An experienced assault defense attorney should be able to review all the evidence in your case and make sure that it is relevant and that the chain of custody was followed. They’ll also make sure that your rights were not violated, either by the collection of evidence or by its use.

For strong, experienced assault defense in Texas, choose Lee & Wood, GP. Call us at 817-678-6771 or send us a message to get started.

5 Possible Defenses Against Assault Charges in Texas

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Facing assault charges in Texas can be overwhelming. The consequences, including potential fines and jail time, can have a long-lasting impact on your life.

However, being charged doesn’t automatically mean you’re guilty. Texas law provides several defenses that may help reduce or even dismiss the charges against you. Understanding these defenses is essential to protecting your rights and building a strong legal defense strategy.

1. Self-Defense

One of the most commonly invoked defenses in assault cases is self-defense. Texas law allows individuals to use reasonable force to protect themselves from harm if they reasonably believe they’re in imminent danger.

To successfully claim self-defense, you must show:

  • You did not provoke the other person.
  • You reasonably believed force was immediately necessary.
  • The level of force you used was proportionate to the threat.

Evidence such as witness statements, video footage or physical injuries may support this defense. If self-defense applies, it can completely excuse the alleged assault.

2. Defense of Others

Similarly, Texas law recognizes the right to use force to protect another person. If you reasonably believed that someone else was in immediate danger and your intervention was necessary, this defense may apply.

Like self-defense, the force used must be appropriate and proportional. This defense is especially relevant in situations where a friend or family member is being threatened or attacked.

3. Defense of Property

Under certain circumstances, Texas allows individuals to use force to protect their property. While this defense is narrower and more strictly evaluated than self-defense, it can apply in situations involving the protection of your home or belongings.

It’s important to note, however, that the law rarely excuses excessive force in defense of property. The details matter, and courts will examine whether the force used was truly necessary.

4. Lack of Intent

Assault charges can also rely on evidence of intent. In Texas, causing offensive or harmful contact without intent may not meet the legal definition of assault. For example, accidental contact during a crowded event or misunderstanding during a heated exchange might not qualify as intentional harm.

If you can demonstrate that any physical contact was accidental, the prosecution may have difficulty proving your guilt.

5. Consent

Although less common, consent can also serve as a defense in some assault cases. If both parties willingly agreed to physical contact, the legal grounds for assault may be weakened. This defense requires careful presentation and is evaluated closely by courts.

Speak to a Texas Criminal Defense Attorney

Every assault case is unique, and the defenses available depend on the facts and circumstances. If you’re facing assault charges in Texas, speaking with an experienced criminal defense attorney is essential.

At Lee & Wood, GP, our Texas team has the experience to protect your rights when facing charges. Call us at 817-678-6771 or contact us online to schedule a consultation.

What Is Misdemeanor Assault in Texas?

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Misdemeanor assault is one of the most commonly charged crimes in Texas. A whole range of behavior can fall into this broad category, from punching someone in a bar fight to threatening someone without actually touching them. In this article, the Fort Worth criminal defense attorneys of Lee & Wood explain the different types of misdemeanor assault and the possible penalties. 

Four Categories of Misdemeanor Assault

Section 22.01(a) of the Texas Penal Code outlines the conduct that could lead to misdemeanor assault charges.

1. Assault Bodily Injury

You can be accused of assault bodily injury (ABI) if you intentionally, knowingly or recklessly cause bodily injury to someone else. Texas defines bodily injury as physical pain, illness or physical impairment. The alleged victim does not have to experience severe pain; any amount of pain is enough. 

ABI is a Class A misdemeanor. If convicted you could face up to one year in jail and up to $4,000 in fines.

2. Assault Bodily Injury Against a Family Member

Assault bodily injury against a family member (ABI-FM) is the same as regular ABI, except the alleged victim is a member of your family or household. You can be charged with ABI-FM if the alleged victim is a:

  • Spouse or ex-spouse
  • Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
  • Parent
  • Sibling
  • Any other person related to you by blood, marriage, or adoption
  • Roommate 

ABI-FM is a Class A misdemeanor punishable by up to one year in jail and fines of up to $4,000. However, ABI-FM can rise to a felony if you have a prior domestic violence conviction or if the alleged assault involved choking a family member or the use of a weapon.

3. Assault by Contact

You could be charged with assault by contact if you allegedly created contact with someone else, intentionally or knowingly, that is reasonably offensive or provocative. There is no bodily injury requirement, meaning you can be charged with assault by contact for actions such as spitting on someone or poking them in the chest. The victim doesn’t need to be hurt. 

Assault by contact is a Class C misdemeanor punishable by fines of up to $500. There is no jail time.

4. Assault by Threat

Assault by threat is defined as intentionally or knowingly threatening someone with imminent bodily injury either verbally or nonverbally. The key word is “imminent.” You likely cannot be convicted of this crime for saying something like “I’m going to kill you one of these days.” But, you could possibly be convicted if you said “I’m going to kill you,” while walking menacingly toward the person.

Assault by threat is a Class C misdemeanor punishable by a fine of up to $500. No jail time is possible. However, if you threaten someone while holding a weapon, you could be facing a second degree felony charge, which is extremely serious and could lead to up to 20 years in prison.

Get a Free Consultation With a Texas Assault Defense Lawyer

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor assault charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We will analyze your case and do everything we can to protect your rights. Call 817-678-6771 or email us today. We offer free initial consultations.

Texas Assault Charges: When Does an Assault Become a Hate Crime?

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People get into fights. It happens every day. Most of the time those involved walk away from it and that’s the end. Sometimes one or both parties are charged with assault (misdemeanor or felony) or aggravated assault. 

Much less often, but much more serious, an assault charge can be accompanied by a charge of committing a hate crime. How does an assault become a hate crime? And what does that mean in terms of prosecution and punishment?

Texas Assault Law

The Texas Penal Code defines the crime of assault as:

  1. Intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse,
  2. Intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse, or
  3. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard that contact as offensive or provocative.

A charge of aggravated assault may be brought if serious injuries resulted from an assault or if a weapon was used. (Many things can be defined as a weapon.) 

Texas Hate Crime Law

The James Byrd Jr. Hate Crimes Act defines a hate crime as any crime motivated by “prejudice, hatred or advocacy of violence.” Hate crime charges can be added to criminal charges of arson, criminal mischief, graffiti, or (more often) crimes against a person. 

Hate crime charges may be brought if the crime was committed against the victim because of their:

  • Race, color, national origin 
  • Sexual orientation 
  • Religion
  • Disability
  • Age
  • Gender
  • Gender identity 
  • Work as a judge or law enforcement officer

In high-profile cases, the FBI may investigate and federal criminal charges may be filed. 

Prosecuting a Crime as a Hate Crime

In order to be convicted of a hate crime, the prosecutor must convince a jury that the underlying crime occurred, and that it was motivated by prejudice or hate. 

“Hate speech” is not a crime, but statements of hate can be used as evidence of the motivation of the accused person. Often the prosecutor will present something the accused said to the victim. That speech was used as evidence in the 2019 case of a Dallas man who shot a transgender woman while shouting slurs at her. He was convicted of a hate crime. 

But a homophobic slur spoken before an assault on two gay men in Austin was not enough to support a hate crime charge. In that case, a plea deal resulted in misdemeanor assault charges.

What else might prosecutors use as evidence of motive for a hate crime?

  • Things the accused has written on social media, online, as graffiti, or tattoos they are wearing
  • The location of the incident (for example, a synagogue or mosque for a religiously motivated crime, or in the case of an Atlanta killer, at Asian-owned nail salons)
  • Possession of literature or membership in a group that espouses hatred toward a certain group of people 

Punishment for Hate Crimes

A conviction for a hate crime enhances the punishment applied to the original offense. It “bumps it up” one level. So, if a person was found guilty of a Class C misdemeanor, they would face punishments for a Class B misdemeanor. A Class A misdemeanor will not be sentenced as a felony but the amount of jail time could be increased to 180 days. 

The same applies to felony charges. The punishment is increased, except for a conviction of a 1st degree felony, which already has the potential for life in prison. 

If you could be facing criminal charges for a Texas hate crime, call the Fort Worth criminal defense lawyers at Lee and Wood. We have extensive experience defending people against misdemeanor and felony assault charges. Call our law office at 817-678-6771 or contact us online.