Assault and Domestic Violence Attorney in Pearland, TX
The Law Office of John C. Caldwell is committed to providing robust legal defense for people facing assault and domestic violence charges. Being accused of these offenses can carry a significant societal stigma, and defendants may feel abandoned and pre-judged. We’re here to give you or your loved one legal representation that is highly competent on a professional level, and non-judgmental on a personal level.
Contact our Pearland domestic violence lawyer at (361) 348-8483 or use our online form to request a free consultation. We serve all of Brazoria County.
What Constitutes Assault and Battery in Texas
Battery is defined as the actual physical harm inflicted on another person, while assault pertains to the threat of inflicting that harm. Assault charges can be categorized into two types--simple and aggravated.
Simple Assault
Simple assault typically encompasses basic threats. However, for a threat to qualify as an assault, it must be perceived as credible by a reasonable person. For instance, a casual, heated comment like "I'm going to kill you" will depend on the context in which the statement was made. Simple assault may also involve unwelcome physical contact or reckless behavior that could reasonably lead to violence. When battery occurs, but the injuries are minor, the charge is usually simple assault.
Despite its name, simple assault can carry serious consequences. In Texas, it can be charged as a third-degree felony, which can result in a prison sentence of up to 10 years.
Aggravated Assault
A charge of aggravated assault may be brought if the alleged threat was carried out with a firearm or another lethal weapon. The severity of the injury typically determines whether an incident qualifies as aggravated assault.
The legal landscape surrounding assault and domestic violence is complex and constantly evolving. We understand the nuances of these charges and how they apply to your case, helping us build your legal defense.
Understanding Domestic Violence
Domestic violence encompasses offenses that typically fall under the legal umbrella of assault and battery. However, the defining factor that classifies an offense as domestic violence is the relationship that exists between the accused and the alleged victim.
If the defendant is a current or former spouse of the alleged victim, the charges may be elevated to domestic violence. Similarly, if there has been a romantic association, either in the past or ongoing, between the two parties, the charges could be for domestic violence.
The scope of potential victims extends to children or foster children related to the defendant, any relatives, and individuals cohabitating with the accused, regardless of whether there is a romantic or blood relation.
When an offense is categorized as domestic violence, this allows for the possibility of enhanced charges. This means that the defendant may face more severe consequences upon conviction.
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