(TX Penal Code, §§22.01 to 22.12)
Charge Overview - Assault
Most assault cases in Williamson County are misdemeanors and involve physical contact between family members or close acquaintances, such as spouses, boyfriends/girlfriends, brothers/sisters, or neighbors. In Williamson County, it is very easy to be arrested for assault because when the police respond to the 911 telephone call, which typically is how they become involved, they are already predisposed to take someone to jail. If there has been any physical contact between the parties, and frequently even when no contact has occurred, someone is likely to be arrested. And believe it or not, sometimes the person who called 911 for help is arrested for assault, either because they admit to initiating physical contact or because they come across to police officers as the instigator.
Many people mistakenly believe that the 'victim' can decide whether their assailant is arrested, or simply choose to 'drop the charges' after the arrest. However once the police are dispatched, they will decide whether someone is arrested; and the assigned prosecutor will decide what to do with the case after the arrest. Victims may be able to influence what happens with the case, but prosecutors frequently move forward on assault cases where the victim wants the case to be dismissed. There are several defenses that may be available to the accused in an assault case, depending on the facts of the case, including: Self-Defense (TX Penal Code, §9.31), Defense of Third Person (TX Penal Code, §9.33), and Protection of One's Own Property (TX Penal Code, §9.41).
To be guilty of felony Aggravated Assault with a Deadly Weapon (TX Penal Code, §22.02), a person must "intentionally, knowingly, or recklessly" cause "serious bodily injury to another, including the person's spouse" OR the person "uses or exhibits a deadly weapon during the commission of the assault." These cases are much less common than misdemeanors and are punishable by prison time and/or an optional fine not to exceed $10,000, though probation may be an option depending on the facts of the case and the person's prior criminal history.
To be guilty of Class-A misdemeanor assault (TX Penal Code, §22.01), a person must "intentionally, knowingly, or recklessly cause bodily injury to another, including the person's spouse," however "bodily injury" is very broadly defined as any "physical pain, illness, or any impairment of physical condition [TX Penal Code, §1.07(8)]." Therefore, any physical contact causing pain to another, unless justified by some legal defense, can lead to an arrest for assault. A Class-A misdemeanor is punishable by up to one year in county jail and/or an optional fine not to exceed $4000. Typically, if the case is not dismissed or reduced to a lesser charge, and depending on the facts of the case and the person's prior criminal history, it will result in some form of probation and a fine.
To be guilty of Class-C misdemeanor assault (TX Penal Code, §22.01), a person must "intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative [TX Penal Code, §22.01(a)(3)]." And they are likely to be arrested (instead of just being issued a citation) if the responding police officer reasonably believes that physical violence is likely to occur later. A Class-C misdemeanor is punishable by a fine not to exceed $500, but simply paying the fine (the quick and easy thing to do in the short-term) leaves you with a final conviction for something that typically sounds much worse than it probably was, and therefore a 'black spot' on your record that will follow you for years to come.
How We Handle Assault Cases
When we are hired to represent someone charged with assault, as with any other type of case, we will navigate our client through the legal process from beginning to end. The first thing we will do is take detailed notes on the facts of the case, focusing on what actions or physical contact led to the arrest. We will also order copies of the police report, video (if any), photos, and 911 tape (if any), and mail copies to our client, after which they are encouraged to schedule an appointment at our office to discuss. If our client believes that something substantive in the police report is incorrect, we will have them provide us with a written affidavit (on a form we provide), that we can then provide to the prosecutor. Based on the facts of the case, we will also discuss any possible legal defenses, such as self-defense. If the 'victim' is willing to help our client get the charge dismissed, we will ask them to provide us with an Affidavit of Non-Prosecution to provide to the prosecutor. If our client believe the other party lied to the police, or was the primary aggressor, we will seek to discern their criminal history to see if they have a history of violence, dishonesty, illegal drug use, etc.
If a protective order has been issued against our client, often preventing them from going home, and the victim is willing to help get it lifted, we provide practical advice to get that accomplished quickly. We will also provide our client with a list of proactive things that they can do, or documents they can gather while the case is pending, to increase the chances of a dismissal, or at least to help minimize the severity of their punishment. If the case is not dismissed or reduced to a lesser charge, we will seek to negotiate the best possible plea bargain agreement with the prosecutor and help our client decide whether to accept the prosecutor's best offer or set the case for a trial by judge or jury.
The Pre-Trial Intervention Program
The Williamson County Attorney has a special six-month program, called the Pre-Trial Intervention Program, for many first-time offenders charged with a Class-A or Class-B misdemeanor that results in a dismissal of the charge, but you must apply through your attorney within a certain period of time. If accepted, you must pay a $360 fee, perform 40 hours of community service, take some classes, submit to drug testing, and have an ignition interlock installed on your vehicle (required only in DWI cases), after which the charge will be dismissed. Then two years after the date or your arrest you may petition the court for a complete expunction of the charge, a process whereby an arrest and charge are completely removed from your criminal history and all related records are ordered destroyed.
Scheduling a Free Consultation and the Process to Hire
To schedule a free initial consultation with us to discuss your case, simply call (512) 635-4368 or click on the 'Contact Us' link to complete a short form that will be emailed to us. There is no fixed time limit for a free consultation, but they generally last less than an hour. At this meeting we will discuss the basic facts of your case, any possible legal defenses, and a basic strategy for handling your case. We can also discuss payment options/plans if you are unable to pay our fee in full. Once you make the decision to hire, you will need to remain at the office for about an hour to complete the necessary paperwork and review several documents that we will provide you. When you leave our office you will have a complete packet of useful information, you will know exactly what the process will be, and you should feel confident in knowing that you have an experienced attorney to navigate you through the process and help you with your case.
The Law Office of Gregory R. Terra
Attorney/Lawyer
501 S. Austin Ave., Suite 1130
Georgetown, TX 78626
(512) 635-4368
(512) 692-2878 (fax)
The Law Office of Gregory R. Terra has represented clients charged with: Accident Involving Damage to Vehicle (TC 550.022), Aggravated Assault (PC 22.02), Assault with Bodily Injury (Including Domestic Violence/Family Violence, PC 22.01), Assault on a Public Servant (PC 22.01), Bail Jumping and Failure to Appear (PC 38.10), Burglary (PC 30.02), Burglary of a Building (PC 30.02), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Manufacture or Delivery of a [Controlled] Substance (CSA 481.1121 to 481.114), Delivery of Marijuana (CSA 481.120), Driving Under the Influence of Alcohol by Minor (ABC 106.041, a.k.a DUI), Driving While Intoxicated (PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Fixture or Highway Landscaping (TC 550.025), Duty on Striking Unattended Vehicle (TC 550.024), Duty to Give Information and Render Aid (TC 550.023), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), False Alarm or Report (PC 42.06), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Forgery (PC 32.21), Forging or Altering Prescription (CSA 483.045), Fraudulent Destruction, Removal, or Concealment of Writing (PC 32.47), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Hindering Apprehension or Prosecution (PC 38.05), Illegal Dumping (HSC 365.012), Indecent Exposure (PC 21.08), Interference with Public Duties (PC 38.15), Obstructing Highway or Other Passageway (PC 42.03), Interference with Emergency Telephone Call (PC 42.062), Outdoor Burning of Waste and Combustible Material (HSC 382.018 and 382.085), Possession of Alcohol by a Minor (ABC 106.05, a.k.a. Minor in Possession of Alcohol, a.k.a. MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125, a.k.a. PODP), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Prohibited Substances and Items in Adult or Juvenile Correctional or Detention Facility or on Property of Texas Department of Criminal Justice or Texas Youth Commission (PC 38.11), Prohibited Weapons (PC 46.05), Public Intoxication (PC 49.02), Public Lewdness (a.k.a. Lewd Conduct, PC 21.07), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a. Motion to Revoke Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Tampering with or Fabricating Physical Evidence (PC 37.09), Tampering with Governmental Records (PC 37.10), Tattoos Prohibited for Certain Persons (HSC 146.012), Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), Unlawful Carrying of Handgun by License Holder (PC 46.035), Unlawful Restraint (PC 20.02), and Violation of Protective Order (PC 25.07).
The Law Office of Gregory R. Terra also handles all of the following legal services: Petition for Occupational Driver's License, Petition for Expunction of Records, Petition for Order for Non-Disclosure, Motion to Modify Condition of Community Supervision (a.k.a. Motion to Modify Conditions of Probation), and Motion to Terminate Community Supervision (a.k.a. Motion to Terminate Probation).