This is the final post recapping a series of articles focused on defending against aggravated assault charges in Austin, Texas. My previous post discussed what an individual facing such charges can expect should their case proceed to trial. Depending upon the facts of each case, trials can involve complicated legal theories that may be difficult for jurors to understand. An attorney with criminal trial experience will be familiar with the process and have the necessary skills to effectively present your case to the jury. One of the goals of this series has been to explain the various defense strategies that may be available in aggravated assault cases. Another objective has been to provide information that will assist you in selecting a lawyer to represent your interests. In light of the potentially severe penalties for an aggravated assault conviction, it is imperative to select your legal counsel carefully. If you have been arrested for aggravated assault, contact my office today to speak with a lawyer.
This series addressed the following topics:
- Penalties for aggravated assault convictions
- Defending against false accusations of aggravated assault
- Claiming self-defense in aggravated assault cases
- Challenging eyewitness identifications in such matters
- Defending against aggravated assault charges based on Fifth Amendment violations
- Taking an aggravated assault case to trial
I felt it was important to write this series for several reasons. First, aggravated assault is a serious crime and, depending upon the specific circumstances leading to the charge, will be a second-degree or first-degree felony under Texas law. Convicted felons may face jail time and significant fines in addition to the permanent loss of certain personal liberties, such as the right to possess a firearm. Second, false allegations of aggravated assault must be taken seriously and defended against. Third, it is not uncommon for a person exercising their right to self-defense to be charged with aggravated assault. Presenting evidence in support of a self-defense claim can be complicated, particularly in cases where there are no witnesses to the incident. Fourth, in cases where an eyewitness identifies the accused, it may be possible to prevent them from testifying if the identification was the result of illegal police influence. Fifth, law enforcement must not violate the defendant’s Fifth Amendment rights at the time of their arrest. Failure to provide Miranda warnings to a person in custody may lead to the exclusion of self-incriminating statements from the case. Exclusion of a key piece of evidence may lead to the dismissal of the case entirely. Finally, individuals facing a criminal trial should know what to expect during the process.
I have experience defending Austin residents who have been charged with aggravated assault. I am certified by the Texas Board of Legal Specialization as a specialist in criminal law and devote my practice to protecting the rights of the accused. In addition to Austin, I also serve the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.