Navigating the Legal System With a Fort Worth Texas Assault With Deadly Weapon Attorney Criminal Charges
Are you or a loved one facing a charge of assault with a deadly weapon? It is a very serious offense that carries severe criminal penalties in Texas, including the risk of a lengthy state prison sentence. Of course, a charge is just an allegation. Every person is presumed innocent until proven guilty. You can and should defend yourself. Within this article, our Forth Worth aggravated assault attorney highlights the key things to know about defending assault with deadly weapon charges in Texas.
Know the Charge: Assault With a Deadly Weapon in Texas
Under Texas law (Texas Penal Code § 22.02, assault with a deadly weapon in Texas is a serious felony charge. It involves intentionally, knowingly, or recklessly causing bodily injury to another person using a weapon capable of causing death or serious bodily harm. To be clear, the offense is not limited to firearms; it can involve knives, bats, or other objects used in a dangerous manner. Convictions carry severe penalties, including imprisonment, heavy fines, and a criminal record.
Assault With a Deadly Weapon Charges Must Be Defended on a Case-By-Case Basis
Every assault with a deadly weapon charge in Texas must be assessed and defended on an individual case-by-case basis. The unique nuances of each case are pivotal in building an effective defense strategy. Here are key things that your Fort Worth defense lawyer will evaluate:
- The Circumstances of the Arrest:The context and details of the arrest itself are crucial. Factors like where the arrest occurred, who made the arrest, and the behavior of law enforcement during the arrest can potentially impact the outcome of the case. If any irregularities or violations of rights occur, these can be used to challenge the legitimacy of the charges.
- The Evidence Obtained By the Prosecution:The defense must meticulously scrutinize the evidence the prosecution presents. Evidence may include eyewitness testimony, physical evidence, video footage, and forensic reports. Inconsistencies or weaknesses in the evidence can be exploited to challenge its reliability and potentially cast doubt on the case.
- Possible Affirmative Defenses:The defense can assert various affirmative defenses, such as self-defense, defense of others, or necessity, depending on the circumstances. These defenses can potentially justify the accused’s actions or, at the very least, reduce the severity of the charges or penalties.
- History of Prior Offenses (or Lack Thereof):The defendant’s criminal record, or lack thereof, significantly influences the case. If the accused has no prior offenses, this can potentially aid in negotiating lesser charges or sentences. On the contrary, a history of similar offenses could lead to harsher penalties if convicted.
Get Help From an Assault With Deadly Weapon Defense Lawyer in Fort Worth, TX
At The Law Office of Kyle Whitaker, our Fort Worth criminal defense attorney has the skills and experience to handle the full range of assault charges, including aggravated assault. Call us now or connect with us online to arrange your confidential initial appointment with an attorney. We defend assault with deadly weapon charges in Tarrant County and throughout the region.