Being accused of assault feels a lot like being falsely accused of any other crime: you want to hit the back button, explain yourself, and go back to a time before the misunderstanding occurred. You’re likely wondering what to do.
Should I explain myself? Should I try to clear up a miscommunication or mistake? Can I sort things out with my accuser without getting attorneys involved?
We’ll tell you now that if someone has accused you of any type of crime, the last thing you want to do is contact or visit that person. Getting in touch with the person accusing you of a crime will only make them angry, and will likely give them a stronger case against you.
Keep reading to find out more about what to do if you’ve been accused of assault, and call Thiessen Law Firm today at (713) 864-9000 to start building your defense.
What are assault allegations?
You’ve probably got a lot of questions about the charges themselves. What is the lowest charge of assault? What’s the difference between assault and aggravated assault? How worried should I be about these charges?
Assault allegations come in many shapes and sizes, but generally fall into three categories:
- Simple assault is the lowest charge of assault and occurs when a person intentionally or knowingly causes or threatens physical harm, or makes physical contact that they know to be offensive or unwanted.
- Aggravated assault occurs when an assault causes serious bodily injury, involves the use of a deadly weapon, or is perpetrated against a protected class.
- Sexual assault involves non-consensual sexual activity of any kind through force.
All assault allegations should be taken seriously, but charges for aggravated and sexual assault are much more severe, and carry some of the heaviest penalties doled out by the Texas criminal justice system.
Continue reading about Texas assault with a deadly weapon and simple assault in Texas
Falsely accused of assault? The penalties are still severe.
Punishments for assault charges in Texas run the gamut, from Class C misdemeanors all the way up to first-degree felonies. Your charge will depend on the individual circumstances of your case, and will become more severe the more aggravating factors are present. In general, things like serious injuries, weapons, or vulnerable victims will see charges — even first-time assault charges in Texas — increased to charges for aggravated assault.
| Crime | Charge | Maximum fine | Potential jail time |
| Assault by threat or contact | Class C misdemeanor | $500 | N/A |
| Simple assault | Class B misdemeanor | $2,000 | Up to 180 days |
| Assault bodily injury | Class A misdemeanor | $4,000 | Up to 1 year |
| Felony assault | State jail felony | $10,000 | 180 days – 2 years |
| Felony assault | Third-degree felony | $10,000 | 2 – 10 years in prison |
| Felony aggravated assault | Second-degree felony | $10,000 | 2 – 20 years in prison |
| Felony aggravated assault | First-degree felony | $10,000 | 5 years – life in prison |
Additionally, your charge can be made more severe if you have any prior assault charges on your record.
What happens when someone is accused of assault?
Accusations turn into criminal charges pretty quickly, but charges take a while to turn into convictions. This is to say that if you’ve been charged with assault, you shouldn’t give up hope. The burden lies on the state to prove the accusations, and as long as a verdict hasn’t been reached, you can still fight back.
The process from accusation to decision usually looks like this.
- Arrest. An arrest may take place immediately or after an official complaint is looked into.
- Investigation. The police will investigate the allegations, which will include talking to witnesses, medical experts, and the accused. If you don’t have an attorney by this point, you desperately need one.
- Charges. The prosecutor will decide whether to file formal charges. If filed, you will be required to appear in court to enter a plea.
- Court proceedings. The case can still be resolved through a plea agreement, but if it proceeds to trial you can expect a long legal battle. Trial is sometimes, however, unavoidable. Because it is often the only way that you can defend your life and prove that you’re not guilty, you need to make sure to hire an experienced trial attorney who knows how to take cases to court and win them.
Whether you’re arrested immediately or officially arrested after an investigation. Make sure that you have an attorney who you trust in your corner — especially by the time you’re talking to the police. Even the most innocent person in the world can talk themselves into being guilty by letting their mouth run to the cops, so protect your future by keeping quiet and only talking to your attorney.
What can I do if someone makes false allegations against me?
False accusations for assault can be life-altering. They damage your reputation, impact your personal relationships, and result in criminal charges that can see you put away for years. If you find yourself accused of assault, it is essential that you take the following steps.
Step 1: Don’t try to clear things up
While it might seem counterintuitive, the first thing you need to know about what to do if you’re accused of assault is to NOT try to talk things through with the person who has falsely accused you of a crime. That’s right, the first step you should take to defend yourself against false accusations is to not do anything.
Why? If you do attempt to fix things on your own, you will likely only make the situation worse. In fact, approaching the person who accuses you could be seen as suspicious or even as a form of intimidation.
And keep in mind, keeping quiet also goes for your interactions with the police. Do not think you have to explain everything to law enforcement — you could unknowingly make the situation worse. Instead, err on the side of keeping your mouth shut and ask for an attorney.
Step 2: Call a skilled assault attorney
As soon as you’ve been falsely accused of a crime, stop what you’re doing (or, as we just discussed, not doing), and contact an attorney. Even if you are falsely accused of domestic assault or another serious crime, you could potentially be convicted. False convictions happen all the time — so take things seriously from the very beginning.
There are a variety of reasons you might be falsely accused of a crime (from misleading evidence to a downright false statement). Because of this, an attorney is absolutely critical. He or she can help you overcome a false accusation by uncovering or disproving evidence, negotiating a deal, removing the accuser’s credibility, and more.
Step 3: Gather evidence
While you shouldn’t exactly go have drinks with your accuser, it is important to figure out everything you can evidence-wise regarding the accusations. Make a list. Pay attention to what they have to say. Figure out as much as you can. Then, hand off the information you have to your attorney.
Who is a possible witness? Do you have any receipts, records, or written documents? What types of objects were present during this so-called crime?
Again, as much as possible, try to refrain from collecting this evidence by talking to your accuser on your own. Leave that to the professionals. You want to shed as little suspicion on yourself as possible so that you can prove your innocence.
Step 4: Prove your innocence
Building a strong defense involves systematically disproving the details of the allegations against you. In order to do this, your attorney should be a trial lawyer who knows how to beat an assault charge in Texas.
Look for trial lawyers who specialize in taking tough criminal cases to court and winning them — like Mark Thiessen, who is Board Certified in Criminal Law and an ACS-CHAL Lawyer Scientist to boot.
How to prove innocence when falsely accused
Proving innocence in assault cases is tough, but not impossible. While the defenses to your specific charge will depend on the circumstances of your case, some common defenses used in assault cases include:
- Mistaken identity. Assault cases occur under hectic circumstances. In the aftermath of the event, people are generally confused, emotional, and full of adrenaline. It’s not uncommon that you are not the person that someone thinks you are, especially in a crowded room or a bar fight.*
- Lack of knowledge or intent. In order to be charged with assault, it must be proved that the assaultive actions were done knowingly or intentionally. If an accident occurred, it can hardly be said that you committed assault.
- Failure to prove reasonable apprehension or harm. Reasonable apprehension and harm are two tenets of an assault charge, and the burden is on the prosecution to prove that they exist.
- Self-defense. This is an affirmative defense to an assault crime, meaning you do not intend to dispute the fact that you committed assault, but rather assert that you were defending yourself, others, or property with your actions.
These cases often occur in hazy, emotional moments — which means false accusations and stories that don’t add up aren’t uncommon. If you’ve been falsely accused of assault, all you can do is keep your mouth shut, hire the best assault lawyer Houston has to offer and wait for the truth to bear out.
*Continue reading: Can you get arrested for fighting?
Can you press charges against someone for making false accusations?
If you are able to prove your innocence, then you might want to consider suing the false accuser. A lot can happen during a trial that can damage your reputation and livelihood, even if false accusations are at play. You’ll likely lose your job, your salary, your reputation, and personal relationships in the process of the trial.
There are laws against false accusations. If you can prove that you were accused falsely, then you have the option to turn around and use your attorney to sue the false accuser.
Accused of assault? Thiessen Law Firm can help.
It’s hard to know what to do when you’ve been accused of assault, but a good attorney can help protect your rights and lead you through the chaotic aftermath. If you’ve been accused of a crime, although you have yet to be convicted, your career, your family, and your reputation are all on the line already.
Take it seriously, and fight back by hiring the best attorney you can find. Your future is worth the fight.
Whether you need an attorney for a first-time simple assault charge or a Houston aggravated assault lawyer, Thiessen Law Firm is here to help. Call us today at (713) 864-9000 or contact us online to schedule a consultation and protect your future.
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