Dallas Aggravated Assault Attorney

Are You Looking for the Best Dallas Aggravated Assault Attorney?

If you’re looking for the best Dallas Aggravated Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning attorneys Paul Saputo and Nick Toufexis expertly bring the firm’s full resources to bear in Dallas Aggravated Assault cases.

Charges of Aggravated Assault, including Aggravated Assault with Serious Bodily Injury or Aggravated Assault with a Deadly Weapon Injury can lead to severe penalties and jail time. These crimes are classified as violent offenses, meaning there are usually limited alternatives to prison time and hefty fines. Additionally, a conviction could result in losing the right to own or possess a firearm, losing eligibility for certain types of government assistance, and being barred from specific jobs and professions.

However, being accused of Aggravated Assault doesn’t mean that a conviction will automatically follow. The prosecution must prove every element of the crime beyond a reasonable doubt. If they don’t have the evidence, they can’t get the conviction.

The Saputo Toufexis | Criminal Defense team seeks to represent discerning clients who value our commitment to achieving outstanding results. Our attorneys have dedicated their careers to criminal defense and maintain an unwavering dedication to delivering expert representation.

We’re not just Dallas Aggravated 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. If the police have already arrested you for Aggravated Assault, the most important thing for you to do is to hire a lawyer as soon as possible to defend you against the onslaught of prosecution by the state. You are not guilty unless and until the Dallas District Attorney proves its case in court.

Our experienced team works tirelessly to build a strong defense and protect our clients’ rights. We can provide you with an effective defense strategy for your Dallas Aggravated Sexual Assault case. Call us or book an appointment online today.

---

Contact a Dallas
Aggravated 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.

---

Choosing The Right Dallas Aggravated 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 Aggravated Assault charge dropped in Dallas, Texas?

In order to get an Aggravated Assault charge dropped in Dallas, 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 §22.02.^[1] Our lawyers are experts in the Texas law regarding Aggravated Assault, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Aggravated 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 Aggravated Assault statute in detail on the Aggravated Assault offense page. We also maintain our expertise by keeping up with the latest case law affecting Aggravated Assault cases in Dallas.

What does an Aggravated Assault charge really mean?

The general definition of the Texas charge of Aggravated Assault, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:

(1) causes serious bodily injury to another, including the person‘s spouse; or

(2) uses or exhibits a deadly weapon during the commission of the assault.

Aggravated Assault with a Deadly Weapon

It’s essential to understand that assault with a Aggravated Assault with a Deadly Weapon Injury isn’t limited to situations where a gun is shown or fired. According to Texas Penal Code § 1.07, a deadly weapon includes firearms, any object designed to cause death or serious injury, or any item capable of inflicting death or severe bodily injury. As a result, a car, bat, tree branch, or almost any other object can be classified as a deadly weapon. If such an item is used during an assault, the individual may face Aggravated Assault with a Deadly Weapon Injury charges.

Aggravated Assault with Serious Bodily Injury

An Assault offense is also elevated to Aggravated Assault when serious bodily injury results.

What counts as serious bodily injury?

What Is the Difference Between Aggravated Assault and Battery in Texas?

Assault and Battery are two legal terms often used together because they are closely related, so it’s no surprise that they’re frequently charged alongside each other.

However, understanding the difference between assault and battery can be confusing since the legal definitions vary depending on the jurisdiction.

Assault in Texas<

According to Texas Penal Code § 22.01, assault is committed when a person does any of the following:

• Intentionally, knowingly, or recklessly causes physical harm to another person, including their spouse;
• Intentionally or knowingly threatens to cause physical harm to another person, including their spouse; or
• Intentionally or knowingly makes unwanted physical contact with a person who finds the contact provocative or offensive.

Aggravated Assault in Texas<

Texas Penal Code § 22.02(a) defines aggravated assault as occurring when a person commits an assault as described above and:

• Causes serious bodily injury to another person, including the offender’s spouse; or
• Uses or exhibits a deadly weapon during the commission of the assault.

Assault and Battery in Other Jurisdictions

In Texas, there is no distinct statute for battery; assault and battery are charged under a single statute. However, that’s not the case everywhere. In some states, the two crimes are charged separately.

In jurisdictions that differentiate between the charges, Assault is defined as the threat of unwanted contact, which can include both violent acts and those with a sexual component. The separate charge of battery is defined as physical contact that is harmful or offensive.

Law Enforcement Agencies in Dallas that Make Aggravated Assault Arrests

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

• The Dallas County Sheriff’s Department handles Aggravated Assault cases throughout Dallas County.
• Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Aggravated Assault enforcement.
• Irving Police Department also contributes to investigating Aggravated Assault cases within its jurisdiction in Dallas County.
• Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Aggravated Assault cases within its jurisdiction.
• Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Aggravated Assault cases within its jurisdiction.

How do Dallas Aggravated Assault defense lawyers beat an Aggravated Assault case?

To beat an Aggravated Assault charge in Dallas, 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 Dallas Aggravated 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.

Dallas Aggravated Assault Attorney Case Defense Strategy

A common defense against Aggravated Assault charges is questioning whether the injury was genuinely serious. If the injuries sustained by the alleged victim don’t meet the criteria for serious bodily injury, the charges could potentially be dismissed.

When Aggravated Assault charges hinge on the exhibition of a deadly weapon, a possible defense might involve arguing that the alleged weapon doesn’t meet the state’s definition. In addition to these possibilities, in a Dallas Aggravated Assault case, you may also be able to plead an affirmative defense or justification like self-defense or mutual consent.

In any case, getting the best result in a Dallas Aggravated Assault case requires being fully prepared for all hearings and court settings – not just trials. Accordingly, when you hire us as your Dallas Aggravated Assault attorney, we prepare early and thoroughly. As soon as we get on a case, the Dallas District Attorney’s Office knows that we are getting ready for trial. They know that we are going for an outright acquittal.

But the preparation 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 Aggravated Assault case in Dallas, Texas?

Attorney’s fees for a Aggravated Assault charge typically range from $8,000 to $45,000 in Dallas, Texas. You can expect to pay higher attorney fees for more complex cases. Some Dallas Aggravated Assault lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.

In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Dallas, sometimes travel fees may apply.

What You Should Do if You Are Falsely Accused of Aggravated Assault in Dallas

Even when falsely accused of Aggravated Assault, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Dallas District Attorney has charged you with Aggravated Assault, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Dallas Aggravated Assault attorneys.

How can you modify your Dallas bond conditions after an Aggravated Assault arrest?

Texas judges have broad power to set bail and bond conditions. However, sometimes judges impose overly harsh bond conditions and astronomically high bail. To modify the conditions of bond or lower bail, you will need to file a motion in court and schedule a hearing. The judge will ultimately make the final decision. To get the best result, you should hire an attorney to help.

Practically speaking, if the police in Dallas have arrested you for Aggravated Assault, then the judge will typically impose a “no contact with the victim” bond condition. If you want to modify a no contact condition or any other condition, then please book a consultation with us, and we will discuss what we can do for you.

What happens at a Dallas arraignment?

At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, 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 Aggravated Assault, then Texas Code of Criminal Procedure §17.40 requires Dallas 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 Dallas 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 Dallas Aggravated Assault charge in Dallas?

The Texas Penal code outlines the range of punishment for all Aggravated Assault convictions across the state. The Penal Code classifies the punishment for Aggravated Assault as a second 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 Aggravated Assault here. Otherwise, to learn more about what kind of punishment is typical in Dallas Aggravated Assault cases, call us to schedule a consultation or book online.

Furthermore, all good Dallas Aggravated Assault attorneys will also advise you on the collateral consequences of a Aggravated Assault conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment.

Collateral Consequences for All Felony Convictions

If you are convicted of a felony, you will be labeled as a convicted felon for the remainder of your natural life. You will lose certain civil rights, such as the right to vote (see Texas Election Code §11.002(4)) and the right to possess ammunition or firearms (18 U.S.C. §922(g) and Texas Penal Code §46.04).

The felony conviction also makes it difficult to gain and maintain employment and may result in an individual’s loss of ability to be licensed in certain professions. Convicted felons also lose their ability to join and served in the country’s armed forces.

What is first degree felony Aggravated Assault?

In some instances, aggravated assault can be elevated from a second-degree to a first-degree felony. Punishments at this level are much more severe, including a prison sentence ranging from 5 to 99 years and/or a fine of up to $10,000.

Aggravated Assault as a First Degree Felony

Aggravated assault is considered a first degree felony when:

• A deadly weapon is used to cause serious bodily injury to a family or household member, or a dating partner;
• It’s committed by a public servant in the course of their official duties;
• It’s committed against an on-duty public servant or security officer;
• It’s committed as retaliation against a witness, prospective witness, informant, or person who reported a crime;
• It involves discharging a firearm from a vehicle, resulting in serious bodily injury to another person.

What kinds of weapons are typically used in Aggravated Assault charges?

Aggravated Assault with a Deadly Weapon charges require the state to prove the use of a deadly weapon. According to the Texas Penal Code, deadly weapons are defined broadly. Deadly weapons frequently used in Aggravated Assault cases in Texas include:

• Firearms
• Vehicles
• An explosive weapon
• Machine gun
• Short-barrel firearm
• Armor-piercing ammunition
• Chemical dispensing device
• Zip gun
• Switchblade knife
• Knuckles
• Club
• Blackjack
• Nightstick
• Mace
• Tomahawk
• Handgun
• Knife
• Dagger
• Bowie knife
• Sword
• Spear
• Illegal knife

How to defend domestic or family violence Aggravated Assault cases?

Domestic violence allegations can sometimes be baseless accusations arising from marriages headed toward divorce or child custody disputes. In other cases, both parties may share the blame. Many counties have grant-funded domestic violence divisions with specially trained prosecutors, investigators, and victim advocates. While these individuals mean well, many become “true believers” who assume your guilt. Often, only a jury trial acquittal can change their minds.

In many cases, the victim or reporting person changes their mind but learns too late that the government can still prosecute despite their objections, even after filing an affidavit of non-prosecution. These individuals don’t realize that the prosecutor is more concerned with why they want to drop charges than the fact that they do. My job is to investigate the relationship history, incident details, and characteristics of the parties involved. In some cases, one or more of these factors can lead to dropped charges or significantly reduced penalties, especially if the victim does not want to proceed. There’s no universal formula; it takes my expertise to identify potential defenses and ways to improve your situation.

Domestic violence crimes include Assault Family Violence, Aggravated Assault Family Violence, Harassment, Stalking, Violation of a Protective Order, and Assault Family Violence Enhanced to Felony (due to previous convictions). A determined accuser can create a complex web that can be difficult to escape. My experience prosecuting and defending these crimes benefits my clients. Crafting a defense for a complex situation requires knowledge and experience, and I possess both, having successfully done it repeatedly.

Continuous family violence and assault impeding charges are the latest offenses in this area. They can quickly escalate the most absurd situations into serious felonies, threatening everything important to my clients. I have in-depth knowledge of self-defense laws and the complex rules of character evidence, which come into play in almost all these cases. The courtroom is not a place for mudslinging; most bad character evidence is inadmissible unless a firmly rooted exception applies. Few lawyers have my level of expertise in these areas, allowing me to present evidence that truly matters before the jury.

Even if you’re guilty, punishments recommended by the government, even probation, can be excessive with lifetime implications. I always explore every option to reduce or eliminate any loss of freedom. Pre-trial diversions, conditional dismissals, batterer’s intervention, anger management, alcohol and drug treatment, or pleading to a lesser charge (like Class C Assault-Offensive Contact or Disorderly Conduct) are all possibilities in domestic violence cases.

In some instances, only a complete dismissal of charges or an acquittal will suffice.

Are you under investigation for Aggravated 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 Dallas Aggravated 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 Aggravated 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 Dallas Aggravated Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Dallas Aggravated 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 Dallas Aggravated 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:

Nick and his team are amazing! I’ve had such a stressful time with my situation, (even had to deal with lawyers who weren’t honest) but working with Nick had been a breeze. He was so patient and informative and had a much appreciated sense of urgency. He went above and beyond what I thought was possible and I’m so grateful. If you are looking for a lawyer who’s got your back, he’s your guy.

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

See more client reviews and testimonials here.

---

Legal References:

^1. Texas Penal Code §22.02.