Ellis County Assault Attorney

Are You Looking for the Best Ellis County Assault Attorney?

If you’re looking for the best Ellis County Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. Our award-winning attorneys bring significant experience to the table, and we have the victories to prove our effectiveness.

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 Ellis 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 are facing a criminal prosecution, you have a lot to worry about. Accordingly, our Ellis County Assault attorney representation does not stop at the Waxahachie courthouse door.

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 Ellis County Sexual Assault case. Call us or book an appointment online today.

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Contact an Ellis 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 Ellis 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 Ellis County, Texas?

In order to get an Assault charge dropped in Ellis 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 Ellis County.

One such case is Houston v. State.

Houston v. State

In Houston v. State, delivered on August 1, 2019, by the Court of Appeals of Texas Thirteenth District Corpus Christi – Edinburg, Zanard Rashun Houston was convicted of Assault Family Violence by impeding breath, enhanced to a first-degree felony with two prior felony convictions, in Ellis County. The case stemmed from a 2016 incident where Houston was accused of assaulting his girlfriend, Selisha Hawkins, by choking her. At trial, Hawkins recanted her initial statement to the police, testifying that Houston did not choke her and she was the initial aggressor. However, the State presented evidence of two separate offenses committed by Houston and expert testimony on domestic abuse to challenge Hawkins’s recantation.

Houston appealed, arguing that the evidence was legally insufficient to support his conviction and that the trial court abused its discretion by admitting evidence of extraneous offenses. The Court of Appeals affirmed the conviction, finding that the State presented legally sufficient evidence, including witness testimonies and written statements, to support the conviction. The Court also held that the extraneous offense evidence was admissible to explain the nature of Houston’s relationship with Hawkins, helping to understand why she recanted her statement and was reluctant to cooperate with the prosecution.

The appellate court’s decision underscores the complexities of domestic violence cases, where victims may recant their statements, and highlights the importance of considering the broader context of the defendant’s behavior in assessing guilt. The admission of extraneous offense evidence was deemed crucial in providing the jury with a comprehensive understanding of the abusive dynamics between Houston and Hawkins, leading to the affirmation of Houston’s conviction and a sixty-year imprisonment sentence.

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 Ellis 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 Ellis County. Law enforcement agencies in Ellis County that most typically make Assault arrests include:

• The Ellis County Sheriff’s Office handles Assault cases throughout Ellis County, Texas.
• Waxahachie Police Department serves as one of the municipal police departments within Ellis County and plays a significant role in Assault cases.
• Midlothian Police Department is another key agency in Ellis County responsible for law enforcement and Assault cases within its jurisdiction.
• Red Oak Police Department serves the community of Red Oak within Ellis County and may handle Assault cases within its jurisdiction.
• Ennis Police Department is responsible for law enforcement within Ennis and may contribute to Assault arrests within its jurisdiction.

How do I win an Assault case in Ellis County?

To beat an Assault charge in Ellis County, Texas, you will inevitably have to face both the complaining witness and the police officers who investigate the case. We will prepare a thorough and aggressive defense that takes into account all of the facts and circumstances, and we can use all of the resources that are available to the state–and even resources that the state never thought to use.

Even if you believe you cannot beat the case, as your Ellis 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.

Ellis 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 Ellis County Assault attorney. In addition to the possibility of a false accusation, in an 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 it cost to fight an Ellis County, Texas, Assault case?

You can expect to pay from $2,500 to $10,000 for Assault in Ellis 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.

When consulting with a lawyer, make sure to ask if they apply any hourly fees. Additionally, most lawyers bill extra fees for trial, travel, and expenses.

What You Should Do if You Are Falsely Accused of Assault in Ellis County

Even when falsely accused of 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 Ellis County District Attorney has charged you with 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 Ellis County Assault attorneys.

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

In Texas, judges wield considerable authority in establishing bail and bond conditions. However, there are instances where judges may impose excessively stringent conditions and unreasonably high bail amounts. If you want to change these bond conditions, start by consulting with your Ellis County Assault attorney.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at an Ellis County arraignment?

At your arraignment, an Ellis County judge will hear your plea of not guilty. In Ellis 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 Ellis 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 Ellis 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 Ellis County Assault charge in Ellis 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 Ellis County Assault cases, call us to schedule a consultation or book online.

Furthermore, all good Ellis 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 Ellis 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 Ellis County Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Ellis 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 Ellis 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:

Nick did a Great job! Was always available and very professional! I would recommend him and this law firm to any and everybody! If you find yourself in bad situation and don’t think you have a way out! Hit Saputo Toufexis Law Firm and they will go to war for you! Thanks Nick I truly appreciate you and my family thank you!

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

See more client reviews and testimonials here.