Best Assault & Battery Lawyers in Houston

About Assault & Battery Law in Houston, United States

Assault and battery are criminal offenses under Texas law, including in Houston. Assault typically involves the threat of harm or causing fear of harm in another person, while battery refers to physical contact or bodily harm caused to another person. Texas law combines elements of assault and battery under one broad statute, making physical injury, threats, or provocative touching all forms of assault. These offenses can be charged as misdemeanors or felonies depending on the severity and circumstances. Penalties may include fines, jail time, restraining orders, and a permanent criminal record.

Why You May Need a Lawyer

Legal issues related to assault and battery are complex with serious consequences. People may need legal help in situations such as if they are accused or arrested for assault, if they are victims needing protection or legal recourse, if there are allegations made in the context of domestic disputes, or if a case involves minors, self-defense claims, or misunderstandings. A skilled lawyer can help navigate the legal process, build a strong defense, negotiate settlements, explain rights and obligations, and ensure fair treatment under the law.

Local Laws Overview

In Houston, assault and battery cases are governed by the Texas Penal Code, specifically Title 5, Chapter 22. Important aspects include:

• Assault is defined as intentionally or recklessly causing bodily injury, threatening another with imminent bodily injury, or causing physical contact that a reasonable person would find offensive or provocative.
• Simple assault is usually a Class A misdemeanor but can become a felony if the victim is a public servant, family member, security officer, or the assault involves certain aggravating factors.
• Aggravated assault involves serious bodily injury or use of a deadly weapon and is typically charged as a felony.
• Self-defense, defense of others, or defense of property can be legal defenses if appropriately applied.
• Domestic assault has additional penalties and long-term consequences, including impacts on child custody and firearm rights.

Frequently Asked Questions

What counts as assault in Houston?

Assault includes causing bodily injury, threatening another person with imminent harm, or any physical contact known to be offensive or provocative.

Is battery a separate charge in Texas?

No, Texas combines assault and battery into a single offense known as assault, covering both threats and physical acts.

What are the penalties for assault in Houston?

Penalties vary from fines and community service for misdemeanors to significant prison time for felonies, depending on the severity and circumstances of the offense.

Can assault charges be dropped by the alleged victim?

The decision to drop charges rests with the prosecutor, not the victim, although the victim’s wishes may be considered by the court.

What is aggravated assault?

Aggravated assault involves causing serious bodily injury or using a deadly weapon during the commission of the offense, leading to more severe penalties.

Is it possible to claim self-defense?

Yes, self-defense can be a valid legal defense if a person reasonably believed they were in danger and used appropriate force to protect themselves or others.

What should I do if I am arrested for assault?

Remain calm, exercise your right to remain silent, and seek legal representation as soon as possible. Do not discuss your case with anyone other than your attorney.

How can an attorney help me?

An attorney can evaluate the evidence, develop a defense strategy, negotiate with prosecutors, and represent you in court to improve your chances of a favorable outcome.

Are there long-term consequences to an assault conviction?

Yes, a conviction can lead to a permanent criminal record, difficulty in finding employment or housing, loss of firearm rights, and impacts on child custody.

Can I expunge or seal my record after an assault case?

Some misdemeanor assault charges may be eligible for expunction or nondisclosure, but this depends on the case’s outcome and criminal history. Consult an attorney for advice specific to your situation.

Additional Resources

For those seeking help or more information about assault and battery in Houston, you may find the following resources useful:

• Houston Police Department - for reporting incidents and requesting protection
• Harris County District Attorney’s Office - for information about prosecution and victim services
• Texas Department of Family and Protective Services - for cases involving domestic or child-related assaults
• Texas Legal Services Center - for legal aid and referrals
• Local victim advocacy groups - for support and counseling services

Next Steps

If you are facing an assault or battery charge, or if you are a victim seeking protection, it is important to act quickly. Consider the following steps:

• Consult with an experienced criminal defense attorney or victim advocate in Houston.
• Document all events and collect relevant evidence such as photos, witness names, or medical records.
• Do not communicate about the case with the other party or on social media.
• Follow all court orders and legal procedures carefully.
• Use the additional resources listed above to help guide your next actions.

Legal matters surrounding assault and battery can have lasting effects. Seeking professional legal advice is essential to protect your rights and understand all available options.