Neal Davis And Assault Cases

FOR IMMEDIATE RELEASE
Houston, Texas, United States of America (Free-Press-Release.com) November 14, 2011 -- Assault is a criminal charge involving violence, so the prosecution is going to take it very seriously, especially if a weapon was used, or it resulted in injury. In Texas, assault carries either misdemeanor or felony level penalties and punishments in Texas, depending on the circumstances.
The Texas Penal Code defines assault three different ways:
What is Assault?
Under the criminal laws of Texas, assault can be charged if you:
1. Intentionally, knowingly, or recklessly cause bodily injury to someone else, including your spouse.

2. Intentionally or knowingly threaten someone else, including your spouse, with imminent bodily injury.
3. Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
That means not only can you be charged for punching or choking someone during a fight, but if you tell someone you are going to hurt them, and that person has a reasonable fear that you are able and about to do it, you can be charged with assault.
And not only that, but throwing car keys at someone can be considered assault.

In many cases, the police may arrest you with very little evidence if they feel you are being belligerent or difficult. That doesn’t mean you committed a crime, so you should fight the charges to keep your record clean. No one should be stuck with a permanent criminal record just for getting in a heated argument. Imagine whether an employer would hire you with an assault on your record.
Misdemeanor Assault and Felony Assault
Normally, simple assault that results in minor injury is a Class A misdemeanor, punishable by not more than 1 year in a county jail and/or a fine of not more than $4,000. However, prosecutors can bump it up to a third-degree felony – 2 to 10 years in a Texas prison and/or a fine of not more than $10,000 – in some cases.
If you are charged with simple assault, it can become a third-degree felony if the state proves that you:

1. Committed the assault against a family member or someone with whom you are in a romantic relationship, and you have a previous domestic violence conviction.
2. Knew the person was a public servant or government contractor carrying out official duties, or you committed the assault on a public servant in retaliation for doing his job.
3. Knew the person was a security guard or emergency services worker, and you committed the assault while the person was doing his job.

When the assault involves only touching or threatening, it’s a Class C misdemeanor, for which the penalty is a fine of up to $500. But the criminal charge can become more serious under some circumstances with aggravating factors. For example, the assault becomes a Class A misdemeanor if the victim is elderly, and becomes a Class B misdemeanor if the victim is a sports official.
Assault with a Weapon / Aggravated Assault
The stakes also go up if you are charged with causing serious injury or using a weapon while committing assault. Aggravated assault is a second-degree felony, and the penalty is 2 to 20 years in a Texas prison and/or a fine of up to $10,000.
Aggravated assault can become a first-degree felony, with a penalty of 5 years to life, in cases of domestic violence, or if the assault was committed against a public official, security guard, informant, or witness to a crime.
What are the defenses for an assault charge?

The Texas Code of Criminal Procedure allows for certain legal defenses against a criminal charge of assault or aggravated assault.
Contact the Neal Davis Law Firm, PLLC at 713-227-4444 for a criminal case evaluation on any charge of assault in the state of Texas. We can help you assess your options and let you know what we can do to help you.
Sample winning case in assault and domestic violence
Assault on a family member: Dismissed
Assault: Dismissed
Aggravated assault: Acquitted
Aggravated assault: Dismissed
Aggravated sexual assault of a child: Dismissed

These are just a sample cases to prove his talent. Of course, every case is different and individual results may vary depending on the facts of a case.
His goal is to win, fight and care. So just don’t hire anyone. Hire a lawyer who is Board Certified with top notch experience. Neal Davis is available 24/7 and all consultations are free.

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