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Assault with a Weapon Battery Assault against A Police Officer Gang Assault Domestic Assault Child Assault Assault in the First Degree Assault in the Second Degree Assault as a Hate Crime Menacing Harrassment Assault Against a Bus Driver
It does not take much for an altercation or argument to escalate and involve the police. Some people may believe that an Assault charge consists of a violent fight between two individuals but this is not always the case. In Texas, Assault can include an attempt to hurt someone physically. In some instances, prosecutors have decided that the slightest touch is enough to file assault charges. Additionally, the law does not require the alleged victim to sustain an actual injury. Whether you are facing a first assault offense or are charged with a serious felony assault, your case will be carefully reviewed and analyzed to determine if any errors or violations of your rights have taken place during the arrest, through the chain of custody of evidence, in lab procedures or other aspect of the case that opens the door to a successful court challenge. It is vital that you do not engage in any discussions, questioning or interrogations without first contacting Houston Assault Lawyer Charles Johnson to protect you. Make the call immediately after your arrest. You can call Attorney Johnson anytime night or day and speak with him directly at (713) 222-7577. Each assault case has individual circumstances and evidence, and some may consider there is little hope. In fact, we frequently discover viable options to defend the case in court and will vigorously defend our client. Our background in the criminal justice system results in a broad understanding of how the prosecutor in the case will proceed and the strategies for staying one step ahead of the moves they make. Your rights will be aggressively protected and our legal team will seek a not guilty verdict, dismissed charges, a reduced
charge or alternative sentencing, depending on the exact circumstances of your case. Houston Criminal Lawyer Charles Johnson is here to protect you and to fight for you in court.
Assault Causing Serious Bodily Injury Assault On A Public Servant, Sexual Assault Assault With A Deadly Weapon Aggravated Assault Sexual Assault Assault Family Violence Assault On A Child Or Elderly
Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of angermanagement or marriage counseling classes, or deferred adjudication. Higher level misdemeanors could result in jail time or probation. Felony cases may result in probation or prison time. Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program that could result in a dismissal of your case.
Sexual Assault
Any charge involving sex crimes, whether it is a date rape claim or a sexual assault accusation, is a serious one, with possible long-term life-altering consequences, including the possibility of jail, prison, fines, restitution and strict sex offender probation and lifetime supervision with severe restrictions on employment, residence, and lifestyle. Sexual assault charges also bring notable social stigma, embarrassment and humiliation. The ongoing effects of a sex charge can be devastating to ones family, career, and financial security. Like many states, Texas has reconceptualized rape as an assaultive or violent offense rather than a sexual offense. Like these other states, Texas no long utilizes the term rape in its Penal Code. Both types of rape, forcible and statutory ,are found in TPC sec. 22.01. and are forms of Sexual Assault. These are in ch. 22 Assaultive Offenses rather than ch. 21 Sexual Offenses. Both are first degree felonies if the offender and victim are closely related. Otherwise the offenses are second degree felonies. First degree felonies are punishable by imprisonment for life or for any term of not more than 99 years nor less than 5 years. In addition, punishment can include a fine of not more than $10,000. A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.
Sex crime cases may contain circumstances that make them more volatile than other types of criminal cases. That is why it is so crucial that you have an attorney you can trust. For most people, being accused of a sex offense is extremely embarrassing and devastating. Many times the accuser is a young child who is suggestible and therefore not always reliable. If the victim is related to the accused, division may occur within the family. Additionally, false accusations of sexual abuse are sometimes invented by one parent attempting gain an advantage over the accused parent in custody disputes. The offense that formerly would have been called forcible rape is now found in 22.011 (a) of the TPC. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any persons consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that persons consent; or (C) causes the sexual organ of another person, without that persons consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; Note that unlike the common law definition of rape, this statute is gender-neutral, includes sex acts in addition to vaginal intercourse, and has no exemption for rape of a spouse. Without consent is defined in subsec. (b) in 11 different ways: A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; This is the classic forcible rape scenario. Prior law required the victim to resist and the force had to be such as would overcome such earnest resistance as might be reasonably expected under the circumstances. There is no requirement of any resistance in the current statute. (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; means, without that
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; Drugging the victim is covered in (6) below and, at first glance, it might appear that subsec. 5 is not possible. This portion of the statute is aimed primarily at physicians who exceed the scope of a proper gynecological examination, and the victim is not aware of what is really going on. (6) the actor has intentionally impaired the other persons power to appraise or control the other persons conduct by administering any substance without the other persons knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; The final four subsections deal with the situation where a person has control or unusual influence over the victim and takes advantage of that relationship: (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other persons emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other persons emotional dependency on the clergyman in the clergymans professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code. Sexual Assault (Statutory Rape) Statutory rape is a strict liability offense, meaning that there is no scienter element. This crime does not require proof of force or absence of consent. The law supposes that persons under the age of 16 are not capable of giving real consent and that they are not mature enough to have a full understanding of the physical and emotional effects of sexual intercourse. If you are convicted of statutory rape in Texas, you face imprisonment in the state prison for life of for any term of years. Statutory rape is certain to be vigorously prosecuted by state district attorneys since it involves the sexual victimization of minors. If you are charged with this or other sex crimes, retaining an experienced,
knowledgeable and aggressive attorney is crucial. Our office can defend you with the skill and dedication that you need. Call us today at 713-222-7577 for your initial consultation or contact us online. Houston Assault Lawyer Charles Johnson is directly accessible twenty-four hours per day, seven days per week. Forcible rape was a common law offense. Consensual sex with a child was criminalized by a statute by Parliament, and is thus termed statutory rape. The Texas version is found in TPC sec. 21.011 (2). It provides that an actor commits an offense if he or she 2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Note that like the forcible rape version, the statute is gender neutral and includes sex acts other than vaginal intercourse. There is no element of lack of consent . A child is defined as someone younger than 17 years of age who is not the spouse of the actor. Because the acts are consensual, there is, unlike in the forcible rape version, a spousal exception. Persons under 17 are presumed incapable of giving a valid consent, except when married. Age 17 is referred to as the age of consent,the age at which the law assumes a valid consent can be given. There is a defense of medical care: (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. There is also a defense if the offender and victim are close in age, are not close relatives, and the offender does not have certain prior convictions for certain sex offenses. In these situations it is less likely that there is some form of improper exploitation of a young victim by an older predator. (e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
(2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. The statute does not say that the defendant must know that the victim is under 17, and Texas courts have not created such a requirement. Thus, (as in a majority of states) mistake of fact about the victims age is not a defense.
Unfortunately, having an assault family violence conviction on your record can be used to deny child custody and limit your visitation rights if you are undergoing a divorce or other child custody hearings.
Affidavits of Non-Prosecution
Unlike in TV shows and movies, an assault case cannot be dropped in Texas simply because the victim requests that the charges be dropped. Instead, the right to drop the case belongs to the prosecutor and judge. However, not all hope is lost. Frequently, criminal defense attorneys help the victims in assault cases prepare Affidavits of Non-Prosecution, which express the victims wish that the case be dismissed and may shed some light on the altercation or argument that led to the arrest and filing of charges. While these affidavits cant guarantee that a case is dismissed, they certainly help in persuading the prosecutor to dismiss the case or reduce the charges.
Injury to a child, elderly individual, or disabled individual Abandoning or endangering child Deadly conduct Consent as defense to assaultive conduct Terroristic threat Aiding suicide Tampering with consumer product Leaving a child in a vehicle Harassment by persons in certain correctional facilities; harassment of public servant Applicability to certain conduct
The police dont have enough evidence to prove that you committed the offense; The police have acted illegally or improperly; A witness may not attend court; The Police have charged you with the wrong offense; Where applicable the Police cannot prove that the injuries amount to actual or grievous bodily harm; You are able to rely on a recognised defense.
Self Defense Self-defense claims are made when a defendant agrees that act of assault occurred, but it also that it was justified by the other persons threatening actions. A jury must decide that the person accused of the crime acted reasonably. The questions which must be asked include:
Who was the aggressor? Was the defendants belief that self-defense was necessary a reasonable one? Did the defendant use only the force necessary to combat the aggressor?
Defense of Others
Defense of Others claims are similar to self defense claims. When making such a claim, a defendant agrees that act occurred, but claims that it was justified by the other persons threatening actions to a third person. Again, to succeed, a jury must determine that the defendant acted reasonably under the circumstances. Alibis An alibi defense is simply the argument that the defendant could not have committed the crime because that defendant was somewhere else. Credibility One of the best and most common defenses is to challenge the credibility of witnesses including the police. A good attorney will examine all aspects of a witnesses statements, the inconsistencies and the omissions. Witness testimony may be undermined by prior inconsistent statements or rebuttal witnesses that tell a different story. In any criminal case it is very important to preserve evidence before it gets cold. That means you should hire an experienced and aggressive attorney for your representation as soon as possible. If you do not, your rights could be impaired. An investigation must be performed which would involve photographing the scene, examining critical evidence and interviewing potential witnesses while their memory is fresh. (A defendant cannot perform these functions by themselves since they may be viewed as tampering with a witness). Accuser Motivation Because sexual charges are often based on the word of the accuser, the motivations and background of the accuser are highly relevant to sex crimes defense. Proper investigation and use of psychological experts can uncover facts that can be helpful to your defense.
Lying about consensual sex. Some may make false charges of sexual assault or rape to cover up consensual sex in order to protect their own reputation from damage to hide casual sexual encounters from friends and family.
Child custody disputes. A parent may make false accusations of molestation or inappropriate sexual behavior against his or her spouse in order to gain an advantage in family court. Such false charges are a common tactic in divorce and custody cases. Financial advantage. A sexual charge is an easy way for an accuser to extort money from a defendant. Celebrities are not the only targets of these schemes. An employee can easily bring such a charge against an employer. We have also seen extortion associated with extramarital affairs.
Suppression of Evidence If photographs, computer files or other records were obtained from you, there are very strict search and seizure guidelines that the police must follow. Illegally obtained evidence cannot be used against you in court. In sex crimes cases, there are limited circumstances in which incriminating evidence can be suppressed. A motion to suppress is a Constitutional Right and an effective weapon in the hands of an experienced sex crimes defense attorney.
Taint Taint can occur when children are subjected to biased and suggestive interviews. Parents, teachers, police and even therapists can ask leading questions such as daddy touched you there, didnt he? Often, the adult conducting the interrogation is not consciously aware of the suggestive nature of the question. Young children, who are eager to please adults, often answer yes and even build false memories about events that did not actually occur. Fighting a criminal case can be very complicated. Did you know that many cases are dismissed on technicalities? The Best Houston Assault Attorney must have knowledge of the court system and know the different personalities of Judges and Prosecutors.
Hire the Best Houston Assault Lawyer: The Charles Johnson Law Firm
Do not hesitate to contact Attorney Johnson if you or one of your loved ones could even possibly be facing any type of Assault charge. Dont make the huge, regrettable mistake of acting without legal representation, the most foolish course of action when dealing with the criminal justice system. It is important that you seek legal counsel if you have been arrested for Assault in Houston as soon as possible. Houston Lawyer Charles Johnson is an experienced and skilled lawyer who can help you protect your rights, investigate the evidence, and negotiate with the state to get the charges filed against you reduced or dismissed. Acting promptly and aggressively is the key to protecting your freedom and ultimate well being. Houston Criminal Lawyer Charles Johnson is available by phone 24 hours a day at (713) 222-7577. He knows how important your case is, and wants to protect you from the very outset.
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Original article may be found at: Facing Assault Charges? The Leading Houston Assault Lawyer Offers a Powerful Defense Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week. Call us at 713-222-7577 or toll free at 877-308-0100. Major Credit Cards Accepted. Houston Criminal Lawyer Charles Johnson Solving Problems...Every Day http://www.houstoncriminallawyers.com 815 Walker Street #1047 Houston, TX 77002 E-Mail: charlesjohnson@houstoncriminallawyers.com Phone: (713) 222-7577 Toll-Free: (877) 308-0100
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