To understand how a lawyer can guide you in an aggravated assault defense, you need to know more about an assault charge and how it differs from aggravated assault. An assault happens when a perpetrator causes bodily harm to someone or threatens another party. How you’re charged for assault depends on the severity of the incident, who the assault was directed toward, and whether or not it’s a first offense.

Therefore, an assault may be a felony or misdemeanor. However, aggravated assault is always a felony of either the first- or second-degree. Plus, you stand to spend up to 20 years of prison time for the lesser felony charge.

Discussing Your Defense with an Aggravated Assault Defense Attorney in Houston

To defend a charge of aggravated assault, an aggravated assault defense attorney in Houston will need to review the police report for the incident. He or she will also need to review photos of the scene and glean further information from eyewitness accounts. 

If the charges are false, your attorney will work to get the case dismissed as quickly as possible and find out exactly what happened.

A Case of Mistaken Identity

In some instances, the attorney may use a defense like mistaken identity to build your defense. Someone may have identified you as the person who committed the crime, but was mistaken. In these cases, an attorney will gather the evidence needed to show where you were at when the crime was committed to prove your innocence. 

Defending Yourself or a Third Party

In some instances, a lawyer may show that you were trying to defend yourself or another person during the event and you did not intentionally plan out the crime. This defense is often used in cases that involve a deadly weapon.

In fact, self-defense is often used as justification for an aggravated assault charge. To convict a defendant of an aggravated assault charge then, the prosecution must show, beyond a reasonable doubt, that the defendant’s behavior was not justified.

Therefore a skilled and experienced attorney can build a strong defense by using justification when you’re faced with aggravated assault.  By using justification, he or she can show that you were in your rights to act the way you did. 

Examples of When an Attorney Uses a Justification Defense

An attorney may use justification for aggravated assault in cases such as self-defense, duress, or if the defendant was trying to protect their property. 

In some cases, the defendant may have believed it was necessary to commit bodily harm to safeguard themself from the other party’s attempt to inflict bodily force against them.

The other party may have also revealed a firearm or forced their way into the defendant’s car or home. 

In some instances, the mental state of the victim might be questioned or they may have committed past acts of violence that caused the defendant to believe they were in danger. 

Developing a Lock-Tight Case

If you’ve been charged with aggravated assault, you need to speak with an attorney who understands the various defenses used for this type of crime. They should be able to navigate the local court system easily and have the background needed to build a lock-tight case. When choosing your defense lawyer then, place a priority on his or her success rate for this type of case as well as their background and experience.