Murphy & Baker Law Firm: Your Assault & Domestic Violence Attorneys in NE Texas:
When facing an assault or domestic violence charge, you need a skilled criminal defense attorney who specializes in these cases. At Murphy & Baker Law Firm, our experienced lawyers have a proven track record of defending and winning assault cases. If you need assistance with an assault charge in Tyler, Texas or the surrounding areas, call us today at 903-533-9000.
Our legal team includes former Assistant District Attorneys, former lead prosecutors, and a former judge, all equipped to handle your case effectively. Don’t risk your future with an assault or domestic violence conviction on your record. Contact Murphy & Baker Law Firm for a confidential, free consultation to discuss your options and safeguard your rights.
In today’s digital age, having a violent crime on your record can be devastating. An assault or domestic violence conviction could jeopardize your current job or future career prospects. Upon your arrest, your fingerprints were taken, creating a public arrest record. Our primary goal is to fight for a dismissal of your case to protect your job, your reputation, and your future. If your assault case is dismissed, we can petition the court to have your fingerprints and arrest record expunged. Time is critical, so don’t wait—contact Murphy & Baker Law Firm now to learn how our experienced attorneys can help win your case.
What is an Assault?
An assault charge involves acts of violence or threats of violence and is taken seriously by law enforcement. Depending on the circumstances, it can be charged as a misdemeanor or a felony, especially if a weapon, serious injury, or choking is involved.
A police officer can make an immediate arrest and file charges if they witness someone causing or attempting to cause bodily harm to another person. If the police do not witness the incident, the accuser typically needs to file a report before charges can be brought.
In cases of family violence, the accused can be arrested and charged even without an officer witnessing the act. Physical contact is not always necessary; threats alone that create fear in another person can be grounds for arrest. There are three primary levels of assault: simple assault, assault with injury, and aggravated assault.
If you need dedicated, effective legal representation, call Murphy & Baker Law Firm at 903-533-9000 for a free, confidential consultation and let us guide you through this challenging time.
What is Simple Assault?
Simple Assault occurs when the victim is not physically injured but is either threatened with harm or offended by physical contact. In Texas, Simple Assault is classified as a Class C Misdemeanor and is punishable by a fine of up to $500.
However, certain circumstances can lead to the enhancement of an Assault charge, increasing its severity to a Third Degree Felony. This elevated charge can result in penalties of up to $10,000 in fines and up to 10 years in prison.
Common reasons for enhancement include:
- Victim Status: If the victim is a senior citizen or a referee, the charges may be elevated.
- Public Servant: If the victim is a public servant (e.g., firefighter, police officer, EMT, paramedic, or state trooper) and the assault is related to their official duties, the charge can be enhanced.
- Domestic or Family Violence: If the assault involves domestic or family violence, it may be escalated in severity.
Understanding these nuances is crucial when facing an assault charge. For more information and personalized legal assistance, contact Murphy & Baker Law Firm today.
Assault – Misdemeanor
Assault with bodily injury is classified as a Class A misdemeanor in Texas. This charge carries potential penalties of up to one year in jail and a fine of up to $4,000.
Assault – Family Violence (Domestice Violence) – Misdemeanor
A first offense of assault – family violence is also a Class A misdemeanor. It comes with the same penalties of up to one year in jail and a fine of up to $4,000 but has additional serious implications:
- A finding of family violence means you can never own a firearm or ammunition, as doing so is a Federal crime.
- A second family violence charge at any point in your life is treated as a felony, punishable by up to 10 years in prison.
- If placed on probation with a finding of family violence, you cannot seal your record, impacting your future opportunities.
Assault – Family Violence (Domestic Violence) – Felony
An assault involving domestic violence can be elevated to a felony under certain circumstances. If there has been a domestic violence arrest in the past 12 months or if there is an allegation of choking or strangulation during the incident, the State may choose to enhance the charge to a third-degree felony.
At Murphy & Baker Law Firm, we are committed to providing exceptional legal defense in matters involving a charge of Assault in Tyler, Texas – Smith County and surrounding jurisdictions.
Call us today to learn how we can help defend your rights. Being charged with assault or domestic violence does not mean you are guilty. Contact the experienced criminal attorneys at Murphy & Baker Law Firm today for the help and defense you need. Call 903-533-9000 for a free consultation.
Disclaimer
The information provided on this website is for general informational purposes only and should not be considered legal advice. Viewing this website or communicating through it does not create an attorney-client relationship. An attorney-client relationship is established only through a signed agreement with Murphy & Baker Law Firm, PLLC.
Consultations are available by appointment only.