Assault & Battery Attorney in McKinney
Former Prosecutor Fighting Violent Crime Charges in North Dallas
So you're facing assault and battery charges in Collin County. What do those mean? Assault is the threat of violence or the attempt to inflict injury on another person. Battery is the actual physical contact with another person. Both are criminal offenses in Texas and both carry serious penalties. If you have been charged with assault or battery, you need the help of an experienced criminal defense lawyer. At Malcolm Miranda & Associates, we have the skills and experience to help you fight each component of your assault and battery charges.
At our firm, we know that the police and prosecutors will be working hard to build a case against you. They will be looking to build a case against you, not search for the truth. We know how to protect your rights and advocate for your freedom.
What Is Assault in Texas?
The Texas Penal Code defines the crime of assault as the threat of violence on another person or an attempt to inflict injury on another person. It is not necessary for an assault to result in an injury for an individual to be charged with this crime. For example, an individual may threaten another person with violence or attempt to injure another person in a way that does not cause an injury. However, if an injury occurs, the penalties will be more severe.
Assault can be charged as a:
- Simple assault: Usually a, misdemeanor, this means that the defendant is accused of issuing a threat that would involve minor injuries (e.g. shoving someone or raising a threatening fist). This can mean a sentence of 1 year in jail and $500 to $2,500 in fines.
- Aggravated assault: This felony charge involves serious injuries, a weapon, or the threat of a serious felony, such as sexual assault. This is punishable by up to 20 years in prison and $5,000 to $20,000 in fines.
If convicted of assault, a defendant may be ordered to pay restitution to the victim to cover their medical bills and therapy, as well as any property damages.
What Is Battery in Texas?
The crime of battery is the actual physical contact with another person. For example, an individual may punch, kick, bite, or hit another person in a way that causes injury. It is not necessary for an injury to occur for an individual to be charged with battery, however, but it still counts as battery if the assailant inflicted pain on the victim. For instance, in the case of an elderly person, a shove could inflict pain that wouldn't occur in the case of a younger person. If injury does result, then there are even more severe penalties to face.
Battery can be charged as a:
- Class B misdemeanor: 180 days in jail and a $2,000 fine
- Class A misdemeanor: 1 year in jail and a $4,000 fine
- Third-degree felony: 10 years in prison and a $10,000 fine
- Second-degree felony: 20 years in prison and a $10,000 fine
- First-degree felony: Up to life in prison and a $10,000 fine
Contact Our Assault & Battery Defense Lawyer Today
Whether you're facing charges of simple assault and battery, or you're staring down aggravated assault and battery charges, our firm is dedicated to protecting the rights of our clients. We know that you may be feeling frightened and overwhelmed by the violent crime charges you are facing. We are here to help you. We will listen to your side of the story and will work to build a strong defense for you. Our defense attorney will fight to have your charges reduced or dropped and will work to protect you from the harshest penalties.
Malcolm Miranda was highly recommended to me, and for good reason. I needed a combination of help: defense as I was falsely accused in a CPS a case, and also defense in a hostile divorce case. He had the legal experience to help with the all the layers.- William
This is a fantastic firm, and we are eternally grateful to have the best attorney, Malcolm Miranda.- London C.
Very attentive. Without doubt one of the best!- Adriana M.
They have been there for us through thick and thin. All types of cases. We feel blessed to have them on our side.- Nicole H.