Being arrested or charged with assault or battery in Harris County can feel overwhelming, but the decisions you make in the next 24 hours can shape the outcome of your case. The Law Office of David A. Breston has spent nearly three decades defending clients in Houston and throughout Harris County against assault and battery charges, from misdemeanors to aggravated felony cases, working to get charges reduced or dismissed before they affect your record, job, or freedom.
Contact the Law Office of David A. Breston today to learn how a defense attorney in Houston can help protect your rights and fight to get your charges reduced or dismissed.
David A. Breston is a Houston native and graduate of the University of Texas School of Law with more than two decades of experience defending clients against assault and battery charges. Over his career, he has represented individuals facing everything from misdemeanor assault to aggravated assault and felony battery charges, helping many clients get charges reduced or dismissed entirely. A member of the Texas Criminal Defense Lawyers Association and the Harris County Criminal Defense Lawyers Association since 1997, David strives to be the best assault and battery attorney in Houston by combining proven trial experience with aggressive, client-focused representation.
The state of Texas treats assault and battery as one offense. Consequences from being convicted in an assault charge and battery case include anything from a misdemeanor to a 3rd-degree felony assault and aggravated assault. The distinctions between each class of convictions can be a fine line, and only the representation of an experienced Houston assault lawyer can help you prevent an assault and battery charge from affecting the rest of your life.
Depending on a person’s relationship with a victim, a past history of violence, including prior convictions, and the presence of a life-threatening act such as suffocation, the penalties for a conviction vary widely. Juvenile defense cases are often handled differently, with a stronger focus on rehabilitation.
Upon completion of the court’s requirements, a defendant’s case may be dismissed, though the deferred adjudication will remain on a permanent criminal record.
The prosecution will have to prove only one of the following items to successfully win a conviction in Texas courts:
The defendant:
If a weapon is part of any of the above acts, even if the weapon is never used, the charges will immediately be raised to aggravated assault and battery, and in some cases, can overlap with robbery charges depending on the facts of the case.
The difficulty in proving assault and battery comes from providing enough evidence of knowledge or intention that the defendant was acting consciously and with the intent to harm. While there may be very strong indicators that a jury may find convincing, this aspect of cases can become very complex and difficult to prove quickly. Successful defense strategies have included:
Typically in an assault case, the police will interview key witnesses at the scene. Unfortunately, it’s not uncommon for the police to fail to interview all witnesses. If you have a witness who can shed light on your case and who wasn’t interviewed by police, you must give their information to your assault defense lawyer in Houston, who can communicate that information to the district attorney.
Even the innocent should never assume that a proper legal defense is not necessary. Due to the complex nature of the legal system, foregoing adequate legal representation can lead to unforeseen consequences and affect every aspect of your life. Always seek legal representation from a Houston assault attorney if you are being investigated for or have been charged with an assault and battery-related crime.
Since 1997, the Law Office of David A. Breston has been helping clients get their assault and battery charges reduced, dropped, or dismissed. Every case is differen, which is why we take the time to understand the specific circumstances of your arrest and build a defense strategy; around it, not a one-size fits all approach. Whether this is your first arrest or you’re facing a felony aggravated assault charge, our legal team is standing by to review your case and fight for the best possbile outcome. Contact us today to schedule a free consultation.