Aggressive Criminal

How a weapon can change an assault charge

On Behalf of | Criminal Defense |

Criminal assault charges in Texas can stem from a wide variety of scenarios, and they can even include as minor of an issue as aggressive verbal abuse. Assault charges are applied in various degrees, and actual battery is not a necessary component for charges to result in convictions. In addition, assault becomes much more serious when there is extensive interaction between an assailant and a victim, especially when a weapon is being used in the process. These are very serious legal matters in the state, so a strong criminal defense is necessary to fight the charges.

Assault with a weapon

Assault cases where a weapon is used by the assailant also commonly include injury claims by the victim after the fact. Physical assault cases are serious enough as it is without a weapon, but the weapon enhances the charge to a Class 2 felony offense based on the type of weapon. Any device determined by the court as deadly will enhance the charge even further to a Class 1 felony, which can carry a significant prison sentence.

Preparing a criminal defense

Many assault claims involving use of a weapon also have an element of personal testimony. Details of the event can be misconstrued when victims speak with police officers, so a Texas criminal defense attorney may cross-examine both the material witnesses and police officers investigating the incident. The standard of proof is reasonable doubt, so building as much reasonable doubt through witness testimony minus any physical injury evidence is the focus of many criminal defense counselors.

Those accused of assault with a weapon in Texas should not take the matter lightly. It’s important to retain solid legal counsel when defending charges of assault with a weapon of any type.