San Antonio Aggravated Assault Lawyers

Defending Against Aggravated Assault Charges in Texas

In the state of Texas, assault charges are treated extremely seriously. Even the most minor assault charge, simple assault, can invoke harsh consequences. Being accused of committing aggravated assault, which tends to involve larger acts of violence, puts you in an even more precarious position. If the victim is alleging serious injuries, or felt “threatened,” you could be liable for expensive fines and a lengthy prison sentence, if convicted.

When you have been accused, quickly get in touch with our aggravated assault attorneys in San Antonio. The Law Office of Derek S. Ritchie, PLLC understands how the prosecution works and can employ powerful strategies to defend you against unfair accusations. Our criminal defense lawyers make sure your side of the story is heard in court.

What Is Aggravated Assault?

Unlike simple assaults, those that are classified as “aggravated” are also considered felonies in the eyes of the law.

Some of the behaviors that constitute aggravated assault include:

• Hitting someone with a dangerous object or any form of weapon, or threatening to hit someone
• Using firearms against another person
• Threatening murder while holding a firearm
• Willfully assaulting a victim with the goal of accomplishing another felony, including rape or robbery
• Assaulting someone while disguising your true identity
• Any aggressive behavior that results in another person experiencing serious bodily harm

What are the Penalties for Aggravated Assault in Texas?

No one wants to be convicted of any kind of assault charge, but being charged with aggravated assault is much more serious since the laws are so stringent. Not do the penalties for a conviction result in lengthy incarceration and hefty fines, but they leave a permanent mark on your record that is be difficult or even possible to ever remove.

Depending on whether your aggravated assault charge is classified in the first or second degree, you could face the following:

• First-degree felony – five years to a lifetime in prison
• Second-degree felony – two years to a maximum of 20 years in prison

Defenses Against Aggravated Assault Charges

Common defenses against aggravated assault may include:

• Self-Defense: If you acted to defend yourself from imminent harm, you might have a valid self-defense claim. To assert this defense, there must be evidence that you reasonably believed the force used was necessary to prevent harm to yourself.
• Defense of Others: Similarly, you may defend someone else if they were at risk of immediate harm. This defense requires proving that your actions were justified to protect another person from serious injury or death.
• Lack of Intent: Intent plays a significant role in aggravated assault cases. If the prosecution cannot prove that you intended to cause harm or acted recklessly with a deadly weapon, the charges may not hold.
• Mistaken Identity: Eyewitness accounts and identification errors are common in criminal cases. If you were misidentified as the perpetrator, evidence such as alibis, surveillance footage, or forensic analysis can help prove your innocence.
• Absence of a Deadly Weapon: In instances where the alleged assault involves a deadly weapon, challenging the weapon's classification or proving it was not used as claimed can weaken the prosecution’s case.
• Consent: In rare situations, the alleged victim could have consented to the actions that led to the charges. While this defense does not apply to every case, it can be relevant in specific contexts, such as contact sports or consensual altercations.

Contact Our Aggravated Assault Lawyer in San Antonio Today

When you have been accused of this serious crime, it is important to get in touch with our team at The Law Office of Derek S. Ritchie, PLLC. In many cases, these situations arise from the need to use self-defense against a perpetrator who is threatening to harm you or a loved one. In other circumstances, eyewitnesses are simply unreliable and make regrettable mistakes that could cost you your freedom. Trust us to build a strong case in your defense.

Contact The Law Office of Derek S. Ritchie, PLLC today to get started with our San Antonio aggravated assault lawyer.