Rockwall Assault Attorneys

Are You Looking for the Best Rockwall Assault Attorney?

If you’re looking for the best Rockwall Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. For Rockwall Assault cases, our top-rated defense attorneys lead the firm in providing exemplary legal representation.

Texas police make arrests for Assault frequently and in a variety of settings. An Assault charge is common in courtrooms across Texas, and it is much broader than most people realize. It is not necessary for you to have made physical contact with someone in order to be arrested on a simple assault charge. Assault allegations can stem from various actions considered threatening, violent, or offensive. The term “simple assault” is misleading because no assault case is straightforward.

All of the Saputo Toufexis | Criminal Defense attorneys have dedicated their careers to defending clients in criminal courts. We maintain an unwavering dedication to delivering expert representation, and we represent clients who expect this highest level of legal representation.

We’re not just Rockwall 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. Winning you case requires more than just advocating for you in the Rockwall courtrooms. As your Rockwall Assault attorney, we advise you on the range of issues you will undoubtedly face throughout the criminal prosecution.

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 Rockwall.

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Contact a Rockwall
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 Rockwall 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 Rockwall, Texas?

In order to get an Assault charge dropped in Rockwall, 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.^[1] 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 Rockwall.

One such case is Bennett v. State.

Bennett v. State

In Bennett v. State, delivered on September 26, 2007, by the Court of Criminal Appeals of Texas, Brenda Pitts Bennett appealed her assault conviction from Rockwall County, arguing the trial court erred by not including jury instructions on defense of a third person and defense of property. The Fifth Court of Appeals in Rockwall County had reversed her conviction, finding that Bennett’s request for a self-defense instruction under Tex. Penal Code Ann. §§ 9.31, 9.32 was sufficient to notify the trial court of her complaints regarding the defense of a third person under Tex. Penal Code Ann. § 9.33. However, the Court of Criminal Appeals disagreed, holding that a request for self-defense did not inherently encompass or alert the trial court to a defense of a third person or defense of property.

The Court clarified that self-defense and defense of a third person are distinct legal defenses outlined in separate sections of the Penal Code, and therefore, a request for an instruction on one does not automatically alert the trial judge to consider the other. The Court rejected Bennett’s argument that the trial judge should have been aware of her complaint because she used the phrase “as it relates to this case” in her request and because evidence supporting the submission of a defense of a third person instruction was presented at trial. The Court emphasized that the trial judge is not required to infer the substance of a complaint beyond what is explicitly communicated.

As a result, the Court reversed the judgment of the Court of Appeals and affirmed the trial court’s decision, concluding that Bennett’s request for a self-defense instruction did not preserve her complaints regarding the absence of jury instructions on defense of a third person or defense of property. The ruling underscored the importance of explicitly requesting defensive instructions to ensure they are considered applicable law for submission to the jury. The judgment of the trial court was ultimately affirmed, affirming Bennett’s conviction.

What does an Assault charge really mean?

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

(a) A person commits an offense if the person:

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

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person‘s spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Learn more about the Texas Assault law.

A more severe form of assault is Aggravated Assault. According to Texas law, Aggravated Assault occurs if an individual commits assault and either causes serious bodily injury, including to their spouse, or uses or displays a deadly weapon during the assault.

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

• Rockwall County Sheriff’s Office: This agency handles law enforcement duties related to Assault cases in unincorporated areas of Rockwall County and provides support to municipal police departments.
• Rockwall Police Department: Responsible for Assault cases within the city of Rockwall.
• Royse City Police Department: Responsible for Assault cases in the city of Royse City.

How do I win an Assault case in Rockwall?

To beat an Assault charge in Rockwall, Texas, you must employ every procedural tool to obtain information and thoroughly investigate the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.

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

Rockwall 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 Rockwall Assault attorney. In addition to the possibility of a false accusation, in a Rockwall 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 Rockwall, Texas?

You can expect to pay from $2,500 to $10,000 for Assault in Rockwall. 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 You Should Do if You Are Falsely Accused of Assault in Rockwall

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 Rockwall 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 Rockwall Assault attorneys.

How can you modify your Rockwall 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 Rockwall 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 Rockwall arraignment?

At your arraignment, a Rockwall judge will hear your plea of not guilty. In Rockwall, 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 Rockwall 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 Rockwall 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 Rockwall Assault charge in Rockwall?

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 Rockwall Assault cases, call us to schedule a consultation or book online.

Furthermore, all good Rockwall 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.

Is there a difference between Assault and Battery?

While some other states have criminal charges that distinguish between Assault and Battery as separate charges, Texas merges them under § 22.01 of the Penal Code. Consequently, they are treated as one single offense.

Are you unsure about the charges filed against you? Feel free to reach out. A significant part of our work involves educating clients about their cases, what the charges mean for them, and how we can develop a plan to navigate these challenges and avoid potential penalties.

What are the collateral consequences of an Assault Family Violence conviction?

Overall, considering collateral consequences, the government views assaulting a family member as a more serious crime than assaulting a stranger. Judges often issue emergency protective orders (EPOs) in family violence cases that prohibit defendants from returning home and sometimes even prevent them from seeing their children. If children were present during the incident, Texas Child Protective Services (CPS) may also investigate.

In divorce court, a family violence conviction can result in the denial of child custody and the restriction of visitation rights. Such a conviction can also lead to a permanent loss of firearm possession for any reason. If you’re in the military, you may face discharge; if you’re in law enforcement, you could be reassigned or fired.

A family violence conviction might cost you a professional license or, if you’re a skilled tradesperson, prevent you from being bonded. It will appear on your criminal record and show up in pre-employment and pre-leasing background checks.

Non-citizens convicted of family violence may be denied a green card or deported and refused re-entry.

Even a conviction for the lowest level of family violence assault can lead to future misdemeanor family violence or stalking charges being prosecuted and punished as third-degree felonies. Additionally, it permanently disqualifies you from obtaining an order of non-disclosure if you successfully complete deferred adjudication probation for any offense in the future.

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 always recommend consenting to an interrogation, occasionally we recognize circumstances where consenting to an interrogation may serve your best interest. However, you should never do a police interview without your Rockwall Assault lawyer present.

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 some cases we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. In general, we recommend avoiding police interrogations because of the extreme level of stress that you will likely experience. Even if you are innocent, the Rockwall police and the community will likely judge the way you act and what you say negatively. We must carefully consider this because this negative perception will almost certainly impact your final case disposition. As your Rockwall Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Rockwall 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 Rockwall 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 Toufexis is an AMAZING lawyer! I am so thankful for all of his help throughout this entire process. I was having a lot of problems with my situation, and he helped me navigate my case from beginning to end. His representation was exactly what I needed, and he got the job done! Nick, thank you again for all of your help. Couldn’t have done it without you!

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

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §22.01.