Dallas Assault & Battery Lawyer

Experienced Assault Defense Attorney Serving Dallas County, TX

At Palmer Perlstein, we provide comprehensive legal representation for individuals facing assault and battery charges in Dallas, Texas. Understanding the intricacies of these charges is crucial, and our experienced attorneys are here to guide you through the legal process.

To speak with our experienced Dallas assault attorney, give us a call at (214) 891-3382 or contract us online today.

What is Assault?

Assault, a prevalent charge in criminal law, involves intentionally causing another person to fear imminent bodily harm, creating an apprehension of harm. It's essential to note that no physical contact is necessary for an assault charge; the focus is on the threat of harm.

Degrees of Assault

Assault charges in Texas span a range from simple assault to aggravated assault. 

• Simple assault, typically a Class C misdemeanor, involves causing apprehension of harm without aggravating factors. 
• Aggravated assault, a more severe offense, entails specific factors such as use of a deadly weapon or causing serious bodily injury, leading to increased penalties.

Penalties for Assault in Texas

The penalties for assault in Texas vary based on several factors, including the severity of the offense and any aggravating elements present. Depending on the circumstances surrounding the case, consequences may encompass:

• fines
• probation
• mandatory counseling
• protective orders
• imprisonment

What is Battery?

Battery, another offense in the realm of criminal law, involves the intentional and unlawful application of force or violence upon another person. Unlike assault, battery requires actual physical contact.

Degrees of Battery

Similar to assault, battery charges have varying degrees. 

• Simple battery, often a misdemeanor, involves basic physical contact without aggravating factors. 
• Aggravated battery, a more serious offense, may involve elements such as the use of a weapon or causing severe injuries.

Penalties for Battery in Texas

The penalties for battery in Texas depend on factors such as the severity of the offense, the presence of aggravating factors, and the overall circumstances surrounding the case. Like assault, consequences may include fines, probation, mandatory counseling, protective orders, and imprisonment.

Defenses to Assault and Battery Charges in Texas

Defending against assault and battery charges in Texas involves a range of legal strategies, depending on the specific circumstances of the case. In addition to fines and imprisonment, assault and battery are serious offenses that can result in severe penalties. However, several defenses may be employed to challenge these charges.

• Self-Defense: One of the most common defenses is self-defense. Providing evidence that an accused was protecting themselves from imminent harm can be a valid defense. The use of force must be proportionate to the threat faced.
• Defense of Others: As with self-defense, this defense applies if the accused was protecting another from immediate harm. The force used must be reasonable and necessary to prevent the assault on the other person.
• Defense of Property: In Texas, individuals are allowed to use reasonable force to protect their property. The accused can defend themselves against assault or battery charges if they are able to show their property was being stolen or damaged.
• Lack of Intent: Assault and battery charges often require proof of intent. If the accused did not intend to cause harm, such as in cases of accidental contact, this lack of intent can be used as a defense.
• Consent: In some situations, the alleged victim may have consented to the conduct, such as in a mutual altercation or consensual activity. Consent can be a valid defense, particularly if it is clear and voluntary.
• Mistaken Identity: Mistaken identity can occur if the accused was wrongly identified as the perpetrator. This defense focuses on proving that someone else committed the act.

Each case is unique, and the best defense strategy depends on the specific facts and evidence available. Consulting an experienced Dallas assault attorney is crucial to navigate the complexities of the legal system and to develop a robust defense against assault and battery charges in Texas.

Our Experienced Dallas Assault & Battery Attorneys Can Help

Navigating the legal complexities of assault and battery charges requires skilled representation. At Palmer Perlstein, our experienced attorneys are committed to providing comprehensive legal support, building a robust defense tailored to your case, and working to minimize potential consequences.

To speak with our experienced Dallas assault attorney, give us a call at (214) 891-3382 or contact us online today.