Tarrant County Assault Attorney

Are You Looking for the Best Tarrant County Assault Attorney?

If you’re looking for the best Tarrant County Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. As you can see from our website, our award-winning attorneys have significant experience, and we have the victories to prove our effectiveness.

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.

The Saputo Toufexis | Criminal Defense attorneys thrive on serving individuals who are dedicated to achieving the best outcomes. Our clients recognize the value of our legal expertise and want to hire the top attorneys in the field.

We’re not just Tarrant 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. If the police have already arrested you for 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 Tarrant County District Attorney proves its case in court.

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 Tarrant County.

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Contact a Tarrant 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 Tarrant 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 Tarrant County, Texas?

In order to get an Assault charge dropped in Tarrant 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.^[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 Tarrant County.

One such case is Emich v. State.

Emich v. State

In Emich v. State, delivered on January 24, 2019, by the Court of Appeals of Texas Second District Fort Worth, Donald K. Emich appealed his thirty-year sentence for felony assault, enhanced from a misdemeanor by a prior family-violence assault and further enhanced to a first-degree felony due to two prior final felony convictions, in Tarrant County. Emich raised three points on appeal: (1) the State failed to prove beyond a reasonable doubt his prior family-violence assault conviction, (2) the trial court erred in admitting evidence over his hearsay objections, including a fingerprint card and a judgment from the prior family-violence assault conviction, and (3) the trial court erred in admitting extraneous offense testimony from the complainant over his objections based on Texas Rules of Evidence 403 and 404(b).

The case originated from an incident in Glenwood Park, Fort Worth, where Emich and the complainant, both drug users with a history of domestic violence, were involved in an altercation. Officer Joshua Steger responded to a 911 call about the disturbance, finding Emich in a tent, yelling, and the complainant nearby with a black eye and additional injuries. Emich was arrested, and the complainant’s testimony detailed a history of abuse by Emich, including prior incidents of physical assault. The appellate court found the State had sufficiently proved Emich’s prior conviction, and that the trial court did not abuse its discretion in admitting the evidence over hearsay objections or the extraneous offense testimony, which was deemed relevant to rebut the defense’s theory of fabrication and explain the complainant’s actions and lack of memory regarding the assault.

Ultimately, the appellate court affirmed the trial court’s judgment, underscoring the relevance of the complainant’s testimony about the history of abuse in establishing the cycle of violence between her and Emich, and its role in explaining her actions on the day of the assault. The decision highlights the court’s consideration of the inherent probative value of the evidence against the potential for unfair prejudice, leading to the conclusion that the evidence was more probative than prejudicial and warranted admission under the rules of evidence.

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

• Tarrant County Sheriff’s Office is one of the primary agencies responsible for Assault cases in Tarrant County, Texas.
• Fort Worth Police Department serves as the main municipal police department within Tarrant County and plays a significant role in Assault cases in Fort Worth.
• Arlington Police Department also contributes to making arrests for Assault within its jurisdiction in Tarrant County.
• Haltom City Police Department serves the community of Haltom City within Tarrant County and may make Assault arrests within its jurisdiction.
• Keller Police Department is responsible for law enforcement within Keller and may handle Assault cases within its jurisdiction.

How do I win an Assault case in Tarrant County?

To beat an Assault charge in Tarrant County, 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 Tarrant 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.

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

You can expect to pay from $2,500 to $10,000 for Assault in Tarrant 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 to Do if Falsely Accused of Assault in Tarrant 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 Tarrant County Assault attorneys.

How can you modify your Tarrant 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 Tarrant 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 Tarrant County arraignment?

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

Furthermore, all good Tarrant 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.

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 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 Tarrant 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 Tarrant County Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Tarrant 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 Tarrant 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:

Hands down the best lawyer in Dallas!!! Not only does he get the best possible scenario, he is an all around great person!! He has helped me in multiple situations.

– 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.