Call For A Consultation512-262-8080
Call For A Consultation512-262-8080
Perhaps you were out with friends at a bar downtown when a fight broke out, and you became involved. Maybe a road rage incident led to threats and thrown punches. Several situations can result in assault or assault and battery charges. If you are facing charges, you need a downtown Austin assault and battery lawyer to protect your rights.
At Rountree Law Firm, Andrew Rountree began his career as a prosecutor. With over a decade of experience on both sides of the courtroom, Andrew knows Texas assault and battery laws. He recognizes this is a scary time for you and your family, and he is ready to answer your questions about assault and battery, as well as how a conviction could impact your future.
While many people believe assault and battery are a singular charge, they fall under different classifications under Texas law.
Both charges will usually apply when battery is present, and the degree of the charges and the penalties depend on the severity of the circumstances and the injuries sustained by the victim.
Call For A Consultation 512-262-8080
Over 300,000 people in the US are incarcerated for sexual and non-sexual assault, according to the Prison Policy Initiative. In Texas, charges and penalties for assault and battery depend on the factors involved, making assault a complex matter.
For example, an argument in which the defendant makes threats against the other party without following through can be considered simple assault, carrying misdemeanor charges. However, if there are aggravating factors, such as the exhibition of a deadly weapon, a near-miss punch, or thrown objects, aggravated assault charges can apply, making the offense a felony.
If the assault progresses into battery, and physical contact is made, there are also varying degrees of liability and aggravation, depending on the severity of the injuries. If the injuries are severe enough to be life-threatening or create ongoing health factors, the penalties can be significant, sometimes resulting in a lifetime incarceration.
If you have been charged with assault, a felony or misdemeanor conviction can create consequences. Around 30% of people with a criminal record are unemployed. A conviction can also impact your ability to find housing, and it could even cost you custody of your children and other relational and social issues, as well as the loss of your civil rights, such as your Second Amendment right to own and carry a firearm.
If you have been charged with any assault or battery offense, it’s crucial to speak to a qualified defense attorney as soon as possible to protect your rights and begin building a compelling case. Prosecutors aggressively pursue assault cases in the Texas court system, resulting in hundreds of assault convictions each year. Most assault cases are heard at the Austin Municipal Court on Burleson Road.
A knowledgeable attorney can investigate the circumstances around your arrest, interrogate the prosecution’s evidence, and assess whether your rights have been violated. Prosecutors must prove a defendant’s guilt beyond a reasonable doubt, and the burden of proof lies with the prosecution.
With over 11 years of experience as a prosecuting attorney, Andrew Rountree knows prosecutorial strategy. He and his legal team are ready to build a solid defense that can influence your sentencing and the severity of your charges. When you hire an assault and battery lawyer, you’re taking an important step to protect your future.
A: The penalties for assault and battery depend on the severity of the charges and the injuries sustained by the victim. Punishment can range from fines and restitution to long-term incarceration. Your attorney can advise you of the potential factors influencing your case and the related penalties, since every charge is accompanied by specific details.
A: For an assault conviction to occur, the prosecution must prove the following:
A: Aggravated assault can carry harsh penalties, with or without battery, although generally speaking, assault and battery charges are more severe and prosecuted to a higher degree than simple assault charges. Aggravating factors such as threatening with or brandishing a weapon can carry severe consequences, even if the weapon was never utilized against the victim in the assault. Assault against people in certain vulnerable categories also carries harsher penalties.
A: A heated argument without threat of harm does not usually constitute an assault. However, if threatening or intimidating actions occur, which is often the case in domestic violence scenarios, where intimidation may be utilized, assault charges may apply. For example, if you stand over or box your partner in during an argument, preventing them from leaving, you may face assault charges. Assault is a nuanced, multi-faceted spectrum of offenses.
When you are facing assault and battery charges, your future is at stake. At Rountree Law Firm, we’ve been advocating for the rights of Austin area residents for over a decade. With a wealth of experience in all areas of criminal defense law, Andrew and his team are ready to answer your questions and address your concerns, so you can face your trial with confidence and dignity.
Contact us today to schedule a consultation. We’re here to listen and inform with compassion and honesty.
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