Attorney Eric Torberson at the courthouse.

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Assault Law

A Class A and above assault is described as a particular action with mental state causing pain to another. Whether or not you actually harm or hurt that person is unimportant. This simply means that you can be charged with assault even without actually hitting someone!
Assaults can happen between two or more strangers or they commonly happen between roommates or family members as well. Moreover, assault cases come in various forms. Felony cases most of the time either involve serious bodily injury or use of a deadly weapon. Class A misdemeanor and above cases involve any instance that causes someone “pain”. Class C ticket assaults are “by contact” or “by threat”.
The Texas law states three possible ways of which you can be accused with assault. An Austin assault attorney will tell you that these are: Intentionally, knowingly or recklessly causing bodily injury to another. “Bodily injury” is considered pain of any kind. Both felony and misdemeanor penalties and punishments are serious for assault charges in Texas. If the police are called to the scene and someone is injured, most likely someone is going to jail. The police want to cover themselves by separating people in disputes. If they leave and further violence takes place they will likely be blamed. Today’s society thrives on assigning blame and hence more laws. Many times the victim has nowhere else to go, especially household victims. This is a highly inconvenient policy, and unfortunately an unnecessary one for most people in this situation.

Domestic Violence Lawyer

Those arrested for family violence are sometimes put on a 24 hour hold. This is to give the victim time to clear out before the arrestee bonds out if that is the person’s desire. There are times when a couple who are in a relationship will argue. It can be inevitable. The difficult times are when anger or frustration become physical. The factors that lead to many arguments are money, substance abuse, cheating, and a combination of various other issues. Once someone calls 911 and the police are dispatched, there is a distinct possibility that one of the people will be going to jail. They will interview the 2 people and check for injuries. The officers will then try and determine who the aggressor was. With concerns of further escalating violence later the police usually remove a person from the house and take them to jail. Once in jail it is a mandatory 24 hour hold to allow the supposed victim time to leave for their safety if necessary. Get in touch with an assault attorney as soon as possible to get information on what the next step is. 

These charges can lead to loss of employment, school, and travel opportunities to other countries.  One can also lose gun possession rights forever.

We have handled many assault and assault family violence cases in Texas. Each case is different but there are many similarities with how an attorney should approach the analysis of assault cases. 

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NCDD National College for DUI Defense: Eric Torberson