Have law enforcement in Addison arrested you for aggravated assault? Aggravated assault charges represent one of the most serious crimes under Texas law. Prosecutors vigorously pursue convictions in aggravated assault cases. You deserve a knowledgeable, skilled criminal defense lawyer who can help level the playing field and give you a better chance of securing a positive outcome to your charges. Contact Rosenthal Kalabus & Therrian for an initial case review after your arrest to learn how our firm can guide you through the criminal justice process as you seek to defend yourself against aggravated assault charges in Addison.

Why Choose an Assault Defense Lawyer in Addison from Rosenthal Kalabus & Therrian?

After an aggravated assault arrest, choosing legal representation can prove one of the most important decisions you make in resolving your charges. Picking the right attorney may mean the difference between a conviction and protecting your freedom and future. Let an assault and battery lawyer in Addison help you navigate the criminal justice system when facing aggravated assault charges because:

• Our firm offers top-quality legal representation, combining a professional approach and a personal touch. Our attorneys will take the time to understand your needs, goals, and concerns to provide tailored service.
• You can rest assured that we will pursue every opportunity to achieve the best possible resolution to your case. Our legal team has the skills, knowledge, and experience to defend you in state or federal court. We have a proven track record of success in assault and other criminal cases.
• You can contact us 24/7 to reach someone who can help you schedule an appointment, obtain legal advice, or get updates about the progress of your case.

Understanding Aggravated Assault Charges in Addison

Section 22.02 of the Texas Penal Code contains Texas’s aggravated assault statute. Under this statute, a person commits an offense if they commit an assault, which the law defines as:

• Intentionally, knowingly, or recklessly injuring another person
• Intentionally or knowingly threatening another person with imminent injury
• Intentionally or knowingly causing physical contact with another person, knowing that person will regard the contact as offensive or provocative

However, an assault becomes an aggravated assault if the perpetrator causes severe injury to the victim or uses or exhibits a deadly weapon when committing the assault.

First- vs. Second Degree Felonies

By default, the law grades aggravated assault as a second-degree felony. However, an aggravated assault offense can become a first-degree felony under specific circumstances, including:

• The perpetrator uses a deadly weapon when committing the assault and causes severe injury to a family or household member or causes a traumatic brain or spinal injury that results in a persistent vegetative state or irreversible paralysis
• The perpetrator commits the offense while acting under the color of their public office or employment
• The perpetrator commits the offense against someone they know is a public servant, and the offense occurs while the servant lawfully discharges their official duty or in retaliation for the servant’s exercise of their official authority or the performance of an official duty.
• The perpetrator commits the offense to retaliate against a witness, informant, or person who reported a crime.
• The perpetrator commits the offense against someone they know is a process server or security officer, and the offense occurs while the process server or security officer performs their duties.
• The perpetrator commits the offense while in a motor vehicle and knowingly discharges a firearm at a habitation, building, or vehicle while recklessly disregarding the possible presence of people inside and causing severe injury to a person.
• The perpetrator commits the offense as part of a mass shooting.

Consequences of an Aggravated Assault Conviction

An aggravated assault conviction can impose various consequences for one’s freedom, reputation, and future. First, a conviction will result in the imposition of a second- or first-degree felony sentence, depending on the grading of a defendant’s offense based on the circumstances of the crime. A second-degree felony carries a sentence of two to 20 years in prison. A first-degree felony carries a sentence of five to 99 years in prison or life imprisonment. Aggravated assault sentences can also impose other penalties, such as:

• A fine of up to $10,000
• Court costs
• Restitution, which obligates a defendant to reimburse their victim(s) for financial losses caused by the aggravated assault

An aggravated assault conviction can have other collateral consequences, such as a temporary loss of your firearm or voting rights. Furthermore, a conviction will result in you having a criminal record with a violent offense. Criminal records may appear in background checks for employment, housing, or educational opportunities. The stigma of a conviction can make it challenging to pursue opportunities and move forward with your life after a conviction.

The potential loss of freedom and long-term personal and professional consequences of an aggravated assault conviction make it critical to seek experienced legal counsel from Rosenthal Kalabus & Therrian who can guide you through the criminal justice process and advocate for your rights, reputation, and future.

How to Beat an Assault Charge in Court

People charged with aggravated assault may raise various defenses or pursue legal strategies to seek a dismissal or reduction of their charges or an acquittal at trial. Examples of case strategies that may help you seek a favorable verdict in court include:

• Self-defense: A defendant charged with aggravated assault may claim they acted in self-defense or defense of others. Self-defense/defense of others requires a person to use reasonable, proportional force given the threat posed and the force needed to protect oneself or others.
• Lack of intent: Defendants facing aggravated assault charges may assert that the prosecution’s case fails to prove they acted with a necessary level of criminal intent.
• Lack of aggravating factors: A defendant may get an aggravated assault charge reduced in grading or reduced to a simple assault charge by arguing that the prosecution lacks evidence to prove any aggravating factors, such as a severe injury or use of a deadly weapon.
• Mistaken identity/alibi: Defendants may deny having committed the alleged assault by challenging the reliability of victim or eyewitness identifications or by presenting alibi evidence proving they were elsewhere when the assault occurred.
• Unlawful searches or interrogations by police: A defendant may seek to exclude evidence found during a police investigation by asserting that officers found the evidence through a search or custodial interrogation that violated their rights.

An experienced battery lawyer in Addison can review the facts and evidence in your case to identify possible defense strategies that can help you secure a favorable resolution to your charges, whether that involves a reduction of your charges, favorable sentencing, dismissal of your case, or an acquittal at trial.

How Can Our Addison Criminal Defense Law Firm Help You?

Facing the criminal justice system for an aggravated assault charge can seem daunting. However, you don’t have to defend your reputation or future. Let the legal team at Rosenthal Kalabus & Therrian help level the playing field to allow you to fight for a favorable resolution to your charges. When you turn to us for legal representation after an arrest in Addison, you can expect our attorneys and staff to go to work for you by:

• Conducting an independent investigation of your case, rather than simply relying on evidence turned over by the police and prosecution, who have no incentive to search for evidence that may help your defense
• Reviewing the facts of your case to identify potential case strategies
• Discussing your charges and the potential outcomes with you to help you make informed decisions about how to handle your case
• Contesting the prosecution’s evidence at every step to seek a quick resolution that allows you to get back to your life
• Leaving no stone unturned in seeking the best possible outcome under the circumstances of your case, even when that means taking your charges to trial

Steps to Take After an Aggravated Assault Arrest

Following an arrest for aggravated assault, taking specific steps can help protect your legal rights and give you the best chance of success in your criminal case. Things you should do after the police charge you with aggravated assault include:

• Exercise your right to remain silent when in police custody. Politely inform the officers that you wish to exercise your right not to speak and refrain from answering questions about your charges or giving the officers a statement.
• Ask to speak to a criminal defense attorney as soon as possible following your arrest. An attorney can help you understand your charges and advise you on steps you could take.
• Refrain from contacting your accuser(s) or any other potential witnesses.
• Avoid discussing your case with family or friends or posting about your charges on social media.
• Contact Rosenthal Kalabus & Therrian as soon as possible to discuss your charges and get help pursuing a favorable outcome to your case.

Contact an Assault Lawyer in Addison Today

After getting arrested and charged with aggravated assault in Addison, you need highly experienced and dedicated legal counsel to protect your rights and interests in the criminal justice system. Let a criminal defense attorney from Rosenthal Kalabus & Therrian help you seek a favorable resolution to your case. Contact us today at (972) 369-0577 for a confidential consultation to discuss your options for defending yourself against aggravated assault charges.