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HOUSTON MISDEMEANOR ASSAULT ATTORNEY

Know Your Rights After an Arrest

In Texas, you don’t even have to be engaged in a physical fight to be charged with assault. Making sexual advances or excitedly grabbing someone’s wrist can carry consequences. Since assault is a criminal charge linked to violence, the crime is taken very seriously by the judicial system, even if the action seemed harmless to you.

As an experienced criminal defense lawyer in Houston, Samuel M. Gardner knows that many people with innocent intentions can be charged with assault. Call (713) 489-2358 to schedule a meeting with Mr. Gardner and discuss the details of your case.

Classifications of Misdemeanor Assault

If someone was engaged in a minor conflict (that is, no injuries occurred that the courts would deem “serious”), the charge would depend on the situation. You can only be arrested at the crime scene for misdemeanor assault if a police officer is present and witnesses the crime. Special exceptions are made in the event of domestic violence. If an officer is not in attendance, the defendant will be summoned to court or subject to an arrest warrant.

There are three classifications of misdemeanor assault in Texas:

  • Class C – The Texas Penal Code defines a Class C misdemeanor as “intentionally or knowingly causing physical conduct with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative.” This means that brushing up against someone during an altercation, laying a hand on their arm, or sexual advances could all lead to a Class C minor assault charge. Class C’s are also given to defendants if the victim seriously believed they were in physical harm based on the threats made by the defendant.
  • Class B – If the threats were made against a sports official, the charge is elevated to Class B. Likewise, if an assault was made in retaliation for a sports-related incident, the crime is usually considered a Class B misdemeanor.
  • Class A. Class A misdemeanors are usually physical altercations that result in minor injuries. Bodily injury is a very broad term and includes any physical pain the plaintiff experiences. There doesn’t have to be any physical evidence of the altercation. The plaintiff doesn’t have to bear bruises, scrapes, or swelling to get a conviction, as long as there is some proof linking the assault to pain. Physical threats against seniors are also considered Class A offenses.

Learn the Penalties- Make Informed Decisions

If you have just been charged with assault, call a lawyer immediately. Even misdemeanors can result in jail time: Class A misdemeanors have maximum penalties of one year in prison and fines up to $4,000. In many cases, a prosecutor will offer a plea deal where you will only have to pay a fine if you plead guilty. This is still not an ideal outcome. Having an assault on your permanent criminal record is far worse than a fine.

Houston criminal defense lawyer Samuel M. Gardner can review your case and help you sort through all the possible options. His goal is to educate clients on their charges and the consequences so they can make informed decisions for their future.

Call (713) 489-2358 today to discuss your case with a knowledgeable assault and battery lawyer.

MY PRIMARY GOAL IS TO GET YOUR CASE DISMISSED

Take a look at our results.
  • Dismissed Accused of Assault Bodily Injury
  • Dismissed Accused of Assault Bodily Injury / Injury to Public Servant
  • Jury Trial / Not Guilty Accused of Assault Family Member
  • Jury Trial / Mistrial / Dismissed Accused of Assault Family Member
  • Dismissed Accused of Assault Family Member
  • Jury Trial / Not Guilty Accused of Evading Arrest
  • Jury Trial / Not Guilty Accused of Felony Evading Arrest
  • Dismissed Accused of Forgery Government Financial Instrument
  • Dismissed Accused of Injury to Elderly
  • Dismissed Accused of Possession of a Controlled Substance 28-200g

Client Testimonials

  • “Mr. Gardner did an extraordinary job. He was very quick and on point at all times keeping the jury in this case up to date with the facts and laws.”

    Previous Client

  • “I am very pleased with my results and would definitely recommend him again!”

    Previous Client

  • “He has always been able to address my concerns and is killer in the courtroom.”

    Sonia H.

  • “I highly recommend him as your attorney”

    J. S.

  • “He guided me and fought my case with confidence then eventually the case was dismissed!”

    Albert G.