Assault Defense Attorney in McAllen, TX

According to 2020 data published by the Texas Department of Public Safety (DPS), aggravated assault accounted for 88,030 violent criminal offenses charged in Texas. Not all criminal charges become convictions—but to avoid convictions, you deserve to have a skilled advocate represent your rights. Although the accused are supposed to be innocent until proven guilty, if you are facing criminal charges, society often deems you guilty by default.

While this is a tough time for you and your loved ones, you have options to defend against the assault charges you are facing, and seek a fair resolution to the matter. At The Law Office of Aaron Fonseca, I am a criminal defense attorney who serves clients in and around Edinburg, Texas, including McAllen, Mission, and Rio Grande Valley. Reach out to my office for a consultation to discuss how you can best protect your future and your freedom.

What is Assault?

Under Texas law, you may be charged with assault in the following situations:

1. You intentionally, knowingly, or recklessly cause bodily injury to another person (including the other person’s spouse);

2. You intentionally or knowingly threaten to cause imminent bodily injury to another person (including the other person’s spouse); or

3. You intentionally or knowingly cause physical contact that you believe (or should reasonably believe) the person you make contact with will consider the contact to be offensive or provocative.

Although still considered a serious criminal offense—and not something to take lightly—this kind of assault is not nearly as serious as aggravated assault.

Aggravated Assault

The above assault charges become an aggravated assault charge under Texas law when the assault at issue causes serious bodily harm to another person, including the other person's spouse, or involves the use or exhibition of a deadly weapon, such as a firearm, during the commission of the assault. The severity of an aggravated assault charge depends on the severity of the bodily injuries, and the egregiousness of the conduct in question.

Possible Penalties for an Assault Conviction

If you are facing an assault charge, potential penalties range from fines to jail time. However, because this ‘simple’ kind of assault is a misdemeanor, jail time typically does not exceed one year, and many people might avoid jail time. For aggravated assault, which is a felony (with varying degrees), you may be facing fines that reach $10,000, and a jail sentence of 20 years.

Potential Defenses to Assault Charges

Like many criminal matters, you may have defenses available to poke holes in the prosecution’s case. With the help of a skilled attorney, you can determine whether any legal grounds exist to have your criminal charges dismissed, such as a violation of your constitutional rights.

Additional defenses to assault charges include, among others, mere false accusations (i.e. the prosecution has the wrong person), self-defense, defense of another person, and insufficient evidence that only consists of witness statements. Whether you are facing a misdemeanor assault charge or an aggravated assault charge, you have rights that deserve protection.