Texas Legal Advocate
Schedule a Free Consultation
Assault We Have the Knowledge to Protect Your Rights, Freedom & Future

San Benito Assault Lawyer

Experienced Defense Against Assault Charges in Cameron County

In some states, assault and battery comprise two separate crimes with assault defined as the threat of physical injury while battery is seen as the accomplishment of physical injury against another. In Texas, the term “assault” refers to both of these actions. Thus, you can be arrested for assault by threatening another without any physical contact or for the act of making physical contact against another in some manner that causes injury.

In any assault case, you need to be equipped to defend yourself with skilled legal help if you wish to obtain the best possible result. Gustavo D. Elizondo III, Attorney at Law provides the level of skill and experience you need at such a crucial point. Our San Benito assault defense attorney is a seasoned trial lawyer with a background as a former Cameron County prosecutor.

Are you facing assault charges in Texas? Call Gustavo D. Elizondo III, Attorney at Law today at (956) 275-9191 or contact us online to schedule a meeting with our assault attorney in San Benito!

Assault Laws in Texas

Assault can be broken down into simple assault or aggravated assault.

Assault of any kind can refer to:

  • Intentionally threatening another with imminent bodily harm
  • Causing bodily injury intentionally, knowingly, or recklessly
  • Making physical contact with another intentionally or knowingly that will provoke or offend the other person

In simple assault, any bodily harm will be minor, such as a bruise or scrape. Assault is elevated to aggravated assault when the bodily harm is considered serious, such as in the case of broken bones or any injury that requires emergency room treatment or hospitalization. Also, if you threaten the alleged victim with serious bodily harm, it can also be deemed as an aggravated assault.

What are the Penalties for Assault in Texas?

Simple assault is generally charged as a Class C misdemeanor, carrying the penalty of a fine of up to $500. However, it is elevated to a Class B misdemeanor if it is committed against an athlete or sports official at a sports event. It is elevated to a Class A misdemeanor if it is committed against a disabled or elderly individual.

A Class B misdemeanor is punishable by up to 180 days in jail and/or fines of up to $2,000. A Class A misdemeanor is punishable by up to a year in jail and/or fines of up to $4,000. You may also be ordered to pay restitution to the victim for medical expenses.

Assault that causes bodily harm to the victim is generally charged as a Class A misdemeanor with penalties described as above. However, if the victim is a public servant, such as a police officer, firefighter, emergency medical technician, or similarly-tasked person, or a household member, assault that causes bodily injury can be elevated to a third-degree felony punishable by two to 10 years in prison and/or fines of up to $10,000.

Aggravated Assault in Texas

Aggravated assault occurs when serious bodily injury is committed or when a deadly weapon is used in the commission of the crime. This can result in second-degree felony charges if the victim is a household member or dating partner, if you have a previous conviction of a similar offense, or if the assault consisting of choking the victim.

First-degree felony charges can also be applied in cases of domestic assault as well as assault against a police officer or other public servant that involves serious bodily injury or a weapon. Penalties for second-degree felony assault include two to 20 years in prison and fines of up to $10,000. Penalties for first-degree felony assault involve 5 years up to life in prison.

Protect Your Rights with an Aggressive Assault Defense

If you are facing assault charges in Cameron County, it is crucial to have an experienced and skilled defense attorney on your side. At Gustavo D. Elizondo III, Attorney at Law, we understand the seriousness of assault charges and the potential consequences you may be facing. Our San Benito assault lawyer has a proven track record of successfully defending clients against assault charges and will fight tirelessly to protect your rights and achieve the best possible outcome for your case.

Why choose us for your assault defense:

  • Experience: With years of experience in criminal defense, our attorney has a deep understanding of assault laws in Texas and the local court system.
  • Aggressive Defense: We will thoroughly investigate the details of your case, gather evidence, and build a strong defense strategy to challenge the prosecution's case against you.
  • Personalized Attention: We believe in providing personalized attention to every client. Our attorney will listen to your side of the story, address your concerns, and keep you informed throughout the legal process.
  • Proven Results: We have a track record of obtaining favorable outcomes for our clients, including dismissals, reduced charges, and acquittals.
  • Client Testimonials: Don't just take our word for it. Read testimonials from our satisfied clients to get a better understanding of the quality of our services and the results we have achieved.

Contact Our San Benito Assault Attorney Today

Being charged with assault in Texas can have serious consequences, and it is vital to take such charges seriously. It is essential to work with an attorney who can evaluate the evidence against you and create a defense strategy tailored to your specific case. We are here to help you understand your legal rights, investigate the charges against you, and negotiate with the prosecution. With the proper defense, it may be possible to get your charges reduced or even dismissed. Our San Benito assault lawyer can also protect your interests throughout the legal process and help minimize any potential negative impact on your future

Contact Gustavo D. Elizondo III, Attorney at Law, today to schedule a FREE consultation with our assault lawyer in San Benito!

Commonly Asked Questions

What is the difference between assault and battery?

In some states, assault and battery are considered separate crimes, with assault referring to the threat of physical injury and battery referring to the actual physical contact. However, in Texas, the term 'assault' encompasses both actions, meaning that you can be charged with assault for either threatening someone with physical harm or actually causing physical harm.

What are the different types of assault charges in Texas?

Assault in Texas can be categorized as simple assault or aggravated assault. Simple assault refers to cases where the bodily harm is minor, such as bruises or scrapes. Aggravated assault, on the other hand, involves more serious bodily harm, such as broken bones or injuries that require emergency room treatment or hospitalization. Additionally, if you threaten the alleged victim with serious bodily harm, it can also be considered aggravated assault.

Why is it important to hire an attorney for assault charges?

Being charged with assault in Texas can have serious consequences, and it is crucial to take these charges seriously. An experienced assault attorney can evaluate the evidence against you, create a defense strategy tailored to your case, and protect your rights throughout the legal process. They can also negotiate with the prosecution to potentially get your charges reduced or dismissed. Hiring an attorney can help minimize the negative impact on your future.

View Us Through the Eyes of Our Clients

Read What Our Satisfied Clients Had to Say
  • “Don’t waste your money on someone that doesn’t care. Hire the best, Mr. Elizondo.”

    - Benny
/

What Makes Us Different?

We Put Our Clients First
  • We Treat You Like Family

    At our firm, you will not be treated like a number. Every client gets treated with the time and the respect they deserve to best suit their needs.

  • A Family Legacy

    Attorney Gustavo D. Elizondo, III is the grandson of Judge Reynaldo G. Garza, the first Mexican-American federal judge in United States history.

  • Experienced Trial Attorney

    Attorney Gustavo Elizondo, III has tried numerous jury trials. His knowledge, determination, and perseverance have made him successful in the courtroom.

  • Former Prosecutor

    Attorney Gustavo D. Elizondo, III began his legal career as a state prosecutor in the Cameron County District Attorney’s Office.