San Antonio Assault Attorney

It’s important to understand the difference between misdemeanor and felony assault charges, as each carries its own set of penalties. The penalties for misdemeanor assault, for example, include up to but no more than one year in jail, as well as a possible fine. With felony assault, however, the punishment can be much more severe. A felony is punishable with a sentence of at least two years in prison or much longer, depending on the circumstances of the crime.

In the state of Texas, individuals charged with felony assault and battery could be facing the following penalties:

• First-Degree Felony: 5 to 99 years or life in prison and up to $10,000 in fines
• Second-Degree Felony: 2 to 20 years in prison and up to $10,000 in fines
• Third-Degree Felony: 2 to 10 years in prison and up to $10,000 in fines

With so much at stake, you cannot afford to simply hope for the best. As your San Antonio assault defense attorney, Derek Emmons can stand up in your defense and utilize his extensive litigation skills to help you fight for the most favorable case outcome in your case.

Assault is a broad term that includes any threatening action or attempt to injure a person. It is important to note that a person does not need to inflict any actual physical harm to be charged with assault in Texas; merely threatening to cause bodily injury to another person can result in assault charges.

Contact us online or by phone at (210) 702-3054 now for a free consultation and case evaluation with San Antonio assault attorney Derek W. Emmons. 

Assault Strangulation Charges

In many cases, assault charges are related to accusations of domestic violence. Domestic violence criminal cases are highly emotional and can be difficult for all parties involved, especially if they involve strangulation or suffocation.

Strangulation is defined as intentionally obstructing normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Strangulation may occur by a person’s bare hand or object and does not require that the victim be choked unconscious. This is relatively a new charge in Texas and oftentimes, it is overcharged.

Felony strangulation is often associated with domestic assault and battery cases. This means that felony strangulation can be linked to domestic assault charges.

If charged with felony strangulation in Texas, you face the following penalties:

• Third-Degree Felony: 2 to 10 years in prison and up to $10,000 fine
• Second-Degree Felony: 2 to 20 years in prison and up to $10,000 fine
• First-Degree Felony: 5 to 99 years in prison and up to $10,000 fine

Building a Strong Defense Strategy for Assault Charges

When facing assault charges in Texas, it is crucial to have a strong defense strategy in place to protect your rights and achieve the best possible outcome for your case. At Emmons Law Firm, our experienced San Antonio assault attorneys are dedicated to providing aggressive representation and building a solid defense tailored to your specific situation.

Our defense strategy includes:

• Thoroughly investigating the circumstances surrounding the alleged assault
• Gathering evidence, such as witness statements, surveillance footage, or medical records
• Examining any potential violations of your constitutional rights during the arrest or investigation
• Identifying any inconsistencies or weaknesses in the prosecution's case
• Working with expert witnesses, such as forensic experts or psychologists, to challenge the prosecution's evidence
• Negotiating with the prosecution for reduced charges or alternative sentencing options, if appropriate
• Preparing a strong courtroom defense and representing you effectively during trial

By building a comprehensive defense strategy, we strive to minimize the potential consequences of an assault conviction, which may include fines, probation, community service, or even incarceration. Our goal is to protect your rights and fight for the best possible outcome for your case.

Working to Protect Your Rights

If you are facing assault charges of any kind, you need a San Antonio assault attorney on your side who is willing and able to fight for you and your rights. It’s normal to feel overwhelmed and afraid after you’ve been accused of assault. Many individuals wrongly assume that their only option is to plead guilty; this is simply not the case.

While it is true that you could be facing very serious penalties with a conviction, it may be possible to avoid or reduce those penalties. To learn more about how the Emmons Law Firm, P.C. can help you with your defense, reach out to us today and request a free, confidential consultation.

We are available by phone at (210) 702-3054 or online via our contact form.

Helpful Resources

• Bexar County Criminal Misdemeanor Plea Form
• City of San Antonio Community Legal Resources
• Texas State Bar Lawyer Referral & Information Service