If you’re charged with assault in Texas, depending on the classification of the charge, you may be taken into custody and held in jail while your case is pending. In other instances, you may be given a ticket and notice to appear in court. You’ll either have to plead “guilty” or “not guilty,” and proceed with the court process. In some cases, your charges may be dropped by the prosecutor, in which case the process would end there. The details of your case may require different actions, and the best way to figure out your plan is to consult a lawyer and seek advice for your specific situation.
Generally speaking, a simple assault resulting in minor injury can be classified as a class A misdemeanor. However, a simple assault can become a third-degree felony if the state can prove that you assaulted someone you’re in a romantic relationship with or a family member and you have a previous domestic violence conviction; assaulted a public servant for doing their job; or knew the person was a security guard or emergency services worker and assaulted them while they were doing their job.
In addition, assault charges can become felonies if there was a weapon involved, which would upgrade the charge to aggravated assault. Sexual assault also carries a different set of charges and consequences.
Whether you’re required to spend any time in jail at all on charges of assault will depend on your individual case. Factors like previous convictions, whether or not a weapon was involved, and the degree of your charge will all come into play.
Family violence can become a felony in Texas, depending on a few factors. A family violence charge can be enhanced to a felony if the defendant has a prior family violence conviction on their record. Individuals can also be charged with a felony right off the bat if the victim alleges strangulation.
Where you go to court to address your family violence case depends on your specific charge, and your location. To find out about the details, consult your lawyer.
When you’re charged with assault in Texas, the law doesn’t require the victim to be physically hurt. The mere verbal threat of assault or “offensive” contact that doesn’t cause pain can qualify as a class C assault. This is a fairly minor offence, equivalent to that of a traffic ticket, except it can be charged and prosecuted as a third-degree felony if the defendant has had a previous conviction for a family violence charge.
Often times, individuals choose to plead “no contest” when they’re charged with a class C misdemeanor to avoid paying the fine, going to court, and incurring the expense of hiring a lawyer. However, those charged with any level of a family violence charge should think twice when deciding whether to plead “no contest,” since it could result in collateral consequences that are way more severe than necessary. If you’re faced with a family violence charge, you should always consult with a lawyer before making any decisions.
Conditions of bond generally refers to things that the defendant must do, or refrain from doing, in order to get a bail bond and be released from jail while their case is pending. Agreeing to appear in court is a condition of almost every bond, but there are often additional agreements individuals must make in family violence assault cases, like staying away from the home and workplace of the victim.
First off, it’s important to note that individual people don’t file assault or domestic violence charges in Texas—in criminal cases like this, the government is the one filing the charges. As such, since you’re not the one that filed them, you’re unable to drop them yourself. With that said, there are some things you can do to improve the chances of the state dropping the charges. It can be quite difficult to get a prosecutor to drop domestic violence charges even if the victim specifically requests them to, and here’s why:
If you decide to go through with trying to drop assault charges, you’ll have to fill out an affidavit of non-prosecution which will give you a chance to correct any misstatements you made to the police. You’ll also need to complete classes or counselling sessions to ensure you aren’t being coerced into dropping the charges. However, even by taking these steps there’s no guarantee your prosecutor will grant your request.
Unless you’ve been told you’re being held without bail, court officials should let you know how much your bail is. Once you know your bail amount, you can seek a bail bond to get yourself out of jail as soon as possible. If you ever find yourself in need of bail for assault charges in Texas, all you need to do is call PCS Bail Bonds. Our bail bond agents are always on-call, so you’ll never have to worry about going through this situation alone. While most local court systems can take hours to process paperwork, we can have it done in a fraction of the time, and be down to the jail in as little as 30 minutes. We accept a variety of payments, even including mobile payment at the jail. Contact us today to learn how we can help you through the bail bond process.