Criminal laws were established for a wide range of reasons, which include an individual’s protection against physical harm. If an individual is accused of causing bodily injury, or he or she threatens bodily injury against another individual, it can result in significant penalties. When an individual is accused of committing violent crimes against another individual, he or she is at risk of having a criminal record, which could negatively influence employment opportunities and more.
In order to be convicted of any offense, proof of action must be proven beyond a reasonable doubt by a Williamson County prosecutor. If an individual has been charged with a violent crime, it is vital to seek legal guidance from experienced attorneys such as the team at Jackson Law Firm.
According to Texas Penal Code, Chapter 22, assault encompasses different criminal offenses that includes causing or threatening to cause bodily injury. When it involves assault, there are various offenses that are included in the category. There are several factors that a prosecutor must prove beyond a reasonable doubt for a conviction, which includes factors surrounding the incident, the severity of harm that was caused, and if the accused acted with a weapon.
To be a charged with assault, the accused does not have to cause pain or injury to another individual. Texas Penal Code 22.01 defines assault by contact as an individual causing some type of physical contact that was offensive or unwanted. Furthermore, the accused must have known or should have been aware the act would be offensive. If charged with assault, an individual will face a Class C misdemeanor conviction.
In addition, Texas Penal Code 22.01 also states it is a Class C misdemeanor if an individual threatens another with imminent bodily harm, which includes cases where an injury did not result from the accused’s actions. However, if an individual threatened an elderly person, it will be a Class A misdemeanor. If the victim was a public servant in the line of duty, an emergency service professional, or a security officer, the accused will be charged with third degree felony.
If the accused is charged with aggravated assault, then the act must have resulted in serious bodily injury. Texas law defines serious bodily injury as any injury that resulted in permanent disfigurement or impairment. Those charged with aggravated assault are facing a second degree felony conviction.
Assault with a deadly weapon is also a type of aggravated assault. When an assault with a deadly weapon caused serious bodily injury, it is a first degree felony. Furthermore, aggravated assault that involves the accused firing a gun from an automobile is also a first degree felony.
Aside from assault, there are other violent crimes an individual in Texas can be charged with, and these crimes are as serious as assault. If you have been charged with the following crimes, call Jackson Law Firm to help you understand your rights.
Deadly conduct is defined as the accused recklessly acting in a manner that put other individuals in danger of serious bodily injury. There doesn’t have to be an injury for the accused to be charged with deadly conduct, and this charge also includes instances when the accused fired a gun at a vehicle or building. If the gun was fired, it is no longer a Class A misdemeanor but moves to a third degree felony.
Unlawful restraint is a Class A misdemeanor and occurs when an individual illegally restrains another individual from moving without consent. This may occur by confinement or moving an individual from various places that interfere with the victim’s liberty.
For an individual to be charged with unlawful restraint, he or she must use threats, force, or intimidation. However, if the victim was under the age of 14, under the age of 17 and taken out of Texas, or the alleged was incompetent, then it will result in a different charge.
Terrorist Threats are defined in Texas Penal Code 22.07 and occurs when an individual threatens to commit harm against another individual or property, knowingly placed an individual in fear, caused disruption at a public place, caused public fear, or caused a response from an emergency service agency. Terrorist Threats are typically a Class B misdemeanor. However, if the threat was made against a family member, a significant other, or a public servant, it is a Class A misdemeanor.
Texas Penal Code 29.02 defines robbery as theft while knowingly causing bodily injury or threatening to cause bodily injury to a victim. This crime is a second degree felony. Furthermore, aggravated robbery occurs when the crime involved a deadly weapon, the victim was elderly or disabled, or the victim incurred serious bodily injury during the act.
The punishment for violent crimes in Texas is based on the classification of the charge:
First Degree Felony
A five to 99 year prison sentence or life in prison with a maximum fine of $10,000.
Second Degree Felony
A two to 20 year prison sentence and a maximum fine of $10,000.
Third Degree Felony
A two to 10 year prison sentence and a maximum fine of $10,000.
State Jail Felony
A 180 day to two year prison sentence and a maximum fine of $10,000.
Class A Misdemeanor
One year jail sentence and a maximum fine of $4,000.
Class B Misdemeanor
A maximum jail sentence of 180 days and a maximum fine of $2,000.
Class C Misdemeanor
A maximum fine of $500.
The Importance of an Defense Attorney
It is important to note that all felony convictions can result in a prison sentence, and any criminal conviction for a violent crime will stay on an individual’s permanent record. Laws were established to protect victims and also to protect those accused of a crime.
Every person facing criminal charges has the right to legal guidance, which is why it is vital for those accused of a violent crime seek help from a violent crimes defense lawyer with the experience that is needed to handle these types of cases. If you are in Williamson County, Cedar Park, or Round Rock, and are facing a violent crime charge, then call the Jackson Law Firm today. We have intelligent and experienced legal defense experts who can protect your legal rights.