Johnson County Assault Attorney

Are You Looking for the Best Johnson County Assault Attorney?

If you’re looking for the best Johnson County Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. The Saputo Toufexis partnership brings the significant experience of our award-winning attorneys, and we strive to maintain our history of success for our Grayson County Assault defense clients.

Our boutique criminal defense practice at Saputo Toufexis | Criminal Defense is distinguished by our unwavering commitment to delivering consistently high-level legal representation. We believe in providing extraordinary service to our clients, and we seek to represent clients who expect as much.

We’re not just Johnson County Assault lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. When you hire us as your Johnson County Assault attorney, we fight to win. From the courtrooms of Cleburne to the battleground of social media, we fight to clear your name and your record.

Our team of seasoned professionals has dedicated their careers to safeguarding the rights of our clients. Contact us now to start preparing your defense against Assault charges in Johnson County.

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Contact a Johnson County
Assault Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Johnson County Assault Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get an Assault charge dropped in Johnson County, Texas?

In order to get an Assault charge dropped in Johnson County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §22.01. Our lawyers are experts in the Texas law regarding Assault, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Assault statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Assault statute in detail on the Assault offense page. We also maintain our expertise by keeping up with the latest case law affecting Assault cases in Johnson County.

One such case is Ochoa v. State.

Ochoa v. State

In Ochoa v. State, delivered on August 2, 2023, by the Court of Appeals of Texas Tenth District Waco, Robert Carlos Ochoa was convicted in the 413th District Court of Johnson County for the third-degree felony offense of Assault Family Violence with a Prior Conviction. The jury found Ochoa guilty and assessed his punishment at ninety-nine years in prison, after finding he had been previously convicted of two felonies involving family violence. Ochoa appealed, challenging the trial court’s admission of evidence regarding prior instances of family violence and the sufficiency of evidence to support his conviction.

The appellate court affirmed the trial court’s judgment, holding that the extraneous-offense evidence was admissible to show the nature of the relationship between Ochoa and the complainant under article 38.371 of the Texas Code of Criminal Procedure and Texas Rule of Evidence 404(b). This evidence, which detailed verbal and physical abuse by Ochoa, was deemed crucial for understanding the dynamics of the couple’s relationship. The court rejected Ochoa’s assertion that the evidence was introduced solely to show character conformity, emphasizing its relevance to demonstrating the relationship’s nature.

Regarding the sufficiency of evidence, the appellate court found that a rational jury could have determined that Ochoa and the complainant were in a dating relationship, Ochoa assaulted the complainant, and Ochoa had a prior conviction for assault family violence. The testimony from the complainant, corroborated by medical evidence and expert testimony on the cycle of violence in domestic abuse situations, supported the jury’s findings. The decision underscores the importance of considering the broader context of an abusive relationship in assault family violence cases and affirms the trial court’s judgment.

How can an Assault charge be enhanced?

Texas law provides numerous ways for the Assault charge to be enhanced. These include the deadly weapon enhancement, many enhancements related to the status of the victim (for instance if the victim was a peace officer or family member), and the new human smuggling enhancement. Learn more about the enhancements applicable to Assault.

Law Enforcement Agencies in Johnson County that Make Assault Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Assault in Johnson County. Law enforcement agencies in Johnson County that most typically make Assault arrests include:

• Johnson County Sheriff’s Office is one of the primary agencies responsible for Assault cases in Johnson County, Texas.
• Burleson Police Department serves as one of the municipal police departments within Johnson County and plays a significant role in handling Assault cases.
• Cleburne Police Department is another key agency in Johnson County responsible for law enforcement and Assault cases within its jurisdiction.
• Joshua Police Department serves the community of Joshua within Johnson County and may handle Assault cases within its jurisdiction.

How do I win an Assault case in Johnson County?

To beat an Assault charge in Johnson County, Texas, you must use due process to confront all witnesses and challenge all evidence, which includes disputing reasonable suspicion, probable cause, and all forensic evidence. Winning requires a fight.

Even if you believe you cannot beat the case, as your Johnson County Assault attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Johnson County Assault Attorney Case Defense Strategy

Sometimes Assault charges arise in cases of mistaken identity. A common scenario that we see here would be a bar fight in which a victim is injured, and the victim knows they were assaulted, but they identify the wrong person. In defending our clients against Assault charges, we conduct a thorough and independent investigation into the facts of the case and regularly subpoena records and interview witnesses.

However, there are many ways to defend people accused of Assault charges, and you should consider all of them with your Johnson County Assault attorney. In addition to the possibility of a false accusation, in a Assault case, you may also be able to plead an affirmative defense or justification like self-defense or mutual consent.

Chapter 9 of the Texas Penal Code lists certain justifications that apply specifically to Assault cases, but they also apply to any criminal offense involving the use of force.

Self-Defense

Many of our clients were arrested and charged with assault when they were only trying to defend themselves. In those cases, the legal justification of self-defense would apply to an assault charge in the state of Texas. This defense needs to be specifically asserted, however, and the best defense will include investigation into the circumstances, the background of the alleged victim, surveillance footage, witness interviews and more investigative fact-collection. Learn more about the Self-Defense justification here.

Defending Other People: Defense of Third Persons

Texas law also provides a defense to prosecution that the conduct is justified under the Defense of Third Persons doctrine. Learn more about Defense of Third Persons here.

Protection of Life or Health

The Penal Code provides a defense for situations in which you are attempting to protect a person from harming themselves, for the use of force to protect your property or someone else’s property, and for consent situations (like mutual combat). Learn more about these other defenses here.

Whatever your best defense strategy, the preparation for your defense often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted.

As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.

How much does a lawyer charge for an Assault case in Johnson County, Texas?

You can expect to pay from $2,500 to $10,000 for Assault in Johnson County. Fees on these cases vary so widely because the punishment range varies so much. Most attorneys will charge less for misdemeanor-level Assault cases, while felony-level cases command a higher fee.

Many lawyers will charge a separate trial fee, pre-arrest representation fee or pre-indictment representation fee.

What to Do if Falsely Accused of Assault in Johnson County

Even if someone has falsely accused you of Assault, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with Assault, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Johnson County Assault attorneys.

How can you modify your Johnson County bond conditions after an Assault arrest?

Often times, judges will set your initial bond conditions using standard forms that do not take into account your particular situation. If you need to change your bond conditions, you will need to do so through petitioning the court.

If your case has already been filed, you have to file a motion to modify your bond conditions. If your case has not been filed, you will need to file a writ of habeas corpus. Usually, judges will set a hearing to consider these pleadings. At the hearing, you will need to present evidence and argue why your bond conditions should be modified.

Your Johnson County Assault attorney will handle this process.

We often receive requests to modify ond conditions related to travel. In many cases, courts will restrict your travel, but you may need to travel for work or important family members. If you have a good reason to travel, courts will usually allow you to do so.

What happens at a Johnson County arraignment?

At your arraignment, a Johnson County judge will hear your plea of not guilty. In Johnson County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Assault, then Texas Code of Criminal Procedure §17.40 requires Johnson County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Johnson County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Johnson County Assault charge in Johnson County?

The Penal code defines the range of punishment for Assault convictions. The Penal Code classifies the punishment for Assault as a Class A misdemeanor, second degree felony, or third degree felony, depending on the circumstances.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Assault here. Otherwise, to learn more about what kind of punishment is typical in Johnson County Assault cases, call us to schedule a consultation or book online.

Furthermore, all good Johnson County Assault attorneys will also advise you on the collateral consequences of a Assault conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment. For Assault offeneses, collateral consequences can include things professional license suspensions, immigration conseequences, and consequences in civil court proceedings like divorces and civil suits.

What are the defenses to assault like the law of self-defense?

The law provides several defenses to people charged with Assault as well, such as “self-defense” or “consent.” Learn more about the defenses to Assault.

Are you under investigation for Assault? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, there are circumstances when we consider it. However, you should never do a police interview without your Johnson County Assault lawyer present.

When police bring you in for an interview, they already believe that you committed the offense. Accordingly, this belief will inform their interpretation of your answers. Generally, when people believe something, they will only see things that confirm their belief. This is called confirmation bias, and this is what leads to police charging innocent people with crimes.

An arrest for Assault can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.

In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Johnson County Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Johnson County Assault lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Johnson County Assault attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

Incredible service. They worked with me on everything including payment and I never felt like I was talking to some corporate scumbag. If I ever have trouble again, I know who I’m calling.

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.