Assault And Assault Family Violence

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.  

  • “If you need an attorney hire Clay. You won’t be disappointed.”
    “It was obvious to me that Clay is very experienced, respected by his peers and he puts forth his best effort every time.”
    - Amy N.
  • “You'd rather be safe than sorry; just remember, "You Better Call Clay."”
    “I wouldn't hesitate to use Clay for all of your legal needs, from probate to prosecution, this office takes great care of their clients.”
    - Mandy K.
  • “If you need an attorney, please give him a call!”
    “Mr Caldwell is a great lawyer. He took the time to explain to me what I should expect in the situation I was in. He called me when necessary to update me with court updates.”
    - Regis N.
  • “Very knowledgeable and professional.”
    “Extremely easy process. His office staff is also over the top and was always prompt and “in the know” of our case when we would call.”
    - Tray M.
  • “He takes the time to answer all your questions and does not make you feel rushed.”
    “If you are looking for someone who will fight for you and will get you the best outcome I highly recommend contacting Clay.”
    - Kimberly G.
  • “I cannot recommend this office enough.”
    “They are incredibly kind and transparent. There was no step of the process that I was not consulted with or involved in in some way, and they answered any question that I had in a coherent and friendly manner.”
    - Trent L.

Common Defenses in Assault and Domestic Violence Cases

Every case is unique, but there are several defenses that are commonly used in assault and domestic violence cases. These include:

  • Self-defense: We can argue that the accused was acting to protect themselves or others from imminent harm. It's important to note that the force used in self-defense must be proportionate to the perceived threat.
  • Consent: Sometimes, the accused might argue that the alleged victim had consented to the act that led to the injury. This defense is most likely to arise in sexual assault cases
  • False accusation: This could be due to a misunderstanding, misidentification, or alleged ulterior motives on the part of the accuser. 
  • Lack of intent: Assault charges often rely on proving the accused's intent to cause harm. If it can be shown that the accused did not intend to inflict harm or injury, this defense may be effective.
  • Insufficient evidence: The prosecutor has a responsibility—bring evidence that a jury of 12 people finds so overwhelming that no other verdict than guilty seems reasonable. It’s our job as your Pearland assault and domestic violence lawyer, to introduce reasonable doubt. 

Remember, the success of these defenses largely depends on the specific circumstances of your case and the skill of your defense attorney. We’re here to help you put together a strong strategy and work hard towards a good outcome. 

Call Clay for the Legal Defense You Need

Attorney John “Clay” Caldwell brings a wealth of experience, having spent his entire career within the Brazoria County legal system. His insights as a former prosecutor, coupled with his deep understanding of the local judicial landscape, equip him to anticipate challenges and strategize effectively. At the Law Office of John C. Caldwell, we pride ourselves on offering non-judgmental representation and giving our clients the voice they deserve.  

Call today at (361) 348-8483.

Areas We Serve Proudly Serving Southeast Texas
  • Alvin
  • Brazoria County
  • Clear Lake City
  • Friendswood
  • Galveston County
  • Harris County
  • Houston
  • League City
  • Manvel
  • Pasadena
  • Pearland
  • Webster

Start With A Free Consultation

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Integrity
    We prioritize honesty, transparency, and trust in all our interactions.
  • Advocacy
    We passionately champion our clients' rights and interests at every stage of their legal journey.
  • Success
    We're committed to achieving meaningful outcomes for our clients.
  • Compassion
    We treat our clients with dignity, respect, and understanding, no matter the situation.
  • Experience
    With background as former felony prosecutor, we bring unique insight into the legal system, offering strategic representation for our clients.
  • Free Consultations
    Talk through all of your legal options during a free consultation.