Assault & Domestic Violence

Texas criminal defense attorney

Austin Assault & Domestic Violence Defense Attorney

In Texas, violent crimes, including assault and domestic violence are taken very seriously by prosecutors. There are many different classifications of assault, from simply threatening someone with bodily harm to offensive touching or recklessly causing bodily injury. In short, a conviction can lead to incarceration, fines, probation, restraining orders, and long lasting damage to your reputation.

Since 1995, I have defended Texans against all types of assault and domestic violence charges. I am well versed in the law and have a proven track record of successfully defending the accused citizen.

What is Assault?

  • A person commits an offense if he intentionally, knowingly or recklessly causes bodily injury to another, including his spouse.
  • A person commits an offense if he intentionally or knowingly threatens another with imminent bodily injury, including his spouse.
  • A person commits an offense if he intentionally or knowingly causes physical contact with another when he knows that the victim will regard the contact offensive or provocative.

Types of Assault Charges in Texas

Assault charges in Texas can range from misdemeanors to felonies, including:

  • Class C Misdemeanor Assault – Physically touching another person in an offensive or provocative manner or threatening harm or injury, without causing injury, punishable by fines up to $500.
  • Class B Misdemeanor Assault – Causing harm to a sports participant, such as umpires, referees and athletes, in retaliation for a sports event, punishable by 6 months in prison and fines up to $2,000.
  • Class A Misdemeanor Assault – Causing harm to or threatening to harm an elderly or disabled person, even if no injury occurs, punishable by up to one year in prison and fines up to $4,000.
  • Class A Misdemeanor Assault – Causing bodily injury to another, including the person’s spouse, punishable by up to one year in jail and a $4,000 fine.
  • Third-Degree Felony Assault – Causing harm to a public servant, government contractor for family services, security officer or emergency services personnel, punishable by between two and ten years in prison and fines up to $10,000.
  • Third-Degree Felony Assault – Causing bodily injury to a family member and it is shown that the defendant has been previously convicted of assault family violence, punishable by up to ten years in prison and a $10,000 fine.

Types of Aggravated Assault Charges in Texas

  • Second Degree Felony Aggravated Assault – A person commits an offense if he Intentionally, knowingly or recklessly causing serious bodily injury to another, or by using or exhibiting a deadly weapon in the commission of the assault, or threatening another with bodily injury punishable by up to 20 years in prison and a $10,000 fine.
  • First Degree Felony Assault – An aggravated assault committed against a public official, security guard, informant, or witness to a crime, punishable by 5-99 years or life imprisonment and a $10,000 fine.

Because the penalties for assault crimes are severe, it is crucial to have a proper legal defense. At the same time, It is worth noting that the state must be able to show there was intent, knowledge or recklessness. I have decades of experience successfully handling assault cases and other criminal defense matters.

Domestic Violence

Because domestic violence continues to be a serious problem in Texas, these crimes are aggressively prosecuted. In short, domestic violence is an assault against members of an individual’s family or household. This includes spouses, former spouses, parents, children, romantic partners, step-family members, grandparents and grandchildren, and involves a variety of abusive tactics designed to coerce or intimidate the victim.

Domestic violence can be charged as a Class A misdemeanor, however, if the accused has prior convictions, third-degree felony charges may apply. If the act involves using or exhibiting a deadly weapon, the crime is considered aggravated assault, a second-degree felony.

What is a protective order?

When an individual has been charged with a domestic violence offense, a magistrate may issue protective order barring him or her from contacting, threatening or harming the alleged victim. The court may also order the accused to vacate the home, surrender firearms, or refrain from consuming alcohol or drugs. Violating a restraining order will also lead to additional criminal charges.

Although some individuals may be falsely accused of domestic violence, a police officer who is called to the scene of a domestic violence incident can make an arrest if there is probable cause that a crime has occurred. If you have been charged with domestic violence I can help to clear your name.

Depending on the circumstances, it may be possible to show that the alleged victim deliberately made a false accusation. We will also seek to uncover inconsistencies between the accuser’s claims and police records and witness accounts. Finally, we may be able to show that the state failed to prove that you acted intentionally, knowingly or recklessly.

Travis County Assault and Domestic Violence Defense Attorney

I possess the knowledge and skills that are necessary to successfully defend assault and domestic violence charges. Remember, you are innocent unless the government can prove your guilt beyond a reasonable doubt. I will thoroughly investigate the facts and research the law to win an acquittal. I will fight to secure your freedom and restore your reputation. If you have been charged with an assault or domestic violence crime, please call me at 979.968.3783 and I will be happy to meet with you and evaluate your case. Contact me today.

Phil Baker represents clients throughout the state of Texas with focus on Travis County, Austin, and the following rural counties: Austin, Bastrop, Burleson, Caldwell, Colorado, Fayette, Gonzales, Lavaca, Lee, and Washington, Counties.

Fighting for the Rights of Texans

Since 1995, I have served the people of Texas with integrity, honor, and commitment. I understand that most of you are not familiar with the legal system and under a lot of stress. I am there to lift that burden and protect your rights. I have battled insurance companies and prosecutors for decades and will continue to fight for justice for many more years to come. Please call me at 512-969-1200 and I will be happy to meet with you and evaluate your case.