There are several different plea options, as well as additional alternatives to trial available when a person is facing simple assault charges in Texas. While each case is different, knowing the potential options can be beneficial. Assault is considered a misdemeanor charge; however, it is still a serious crime that a person should take seriously.
Assault as a Threat
In some situations, an assault charge includes threatening behavior, but no actual physical touching. With this definition, assault is committed if a person threatens someone else with immediate bodily harm with statement or behavior, appears to be able to carry out the threat made and causes the person to feel fear. For example, assault would be an able-bodied man who yells while moving closer to another person, stating he is going to hit, cut or injure the person is some other way.
Plea Agreement Options
In simple assault cases, the defense and prosecution can enter into a plea agreement. Under this type of agreement, the defendant agrees to plead no contest or guilty to the charge. The proposed sentence is then presented to the judge. While the judge determines the sentence, it typically follows reasonable agreements between the defense and the prosecution.
Some of the most common plea agreements made for assault charges include:
- A sentencing agreement that includes jail time
- A sentencing agreement that does not include jail time
- Diversion programs
- A plea to a reduced charge
In most cases, jail time will only be required if the individual charged has a prior criminal record, if the charge involved domestic violence, or if the defendant was just a breath away from facing more serious charges.
Any time a person is facing assault charges, it is a good idea to consult with a criminal defense attorney. This is the individual who will help the person build a defense and help them get the best possible outcome for the case. Without the help of an attorney, a person may not have the ability to avoid jail time or other serious consequences. Finding the right attorney matters, so be sure the legal representation hired has handled these types of cases in the past.
