Don't Give Up Your Rights Without A Fight. Choose Marcus Wilkerson
Experienced Felony and Misdemeanor Assault Attorney In Beaumont
Texas law defines assault as intentionally causing bodily harm, threatening injury or making physical contact perceived as offensive. The Lone Star State takes a firm stance against such actions, imposing severe penalties on those convicted. When facing such allegations, securing legal representation is not just an option but a necessity.
At William Marcus Wilkerson, Attorney at Law, residents across Beaumont and Southeast Texas find a trusted ally with straightforward criminal defense representation. Attorney William Marcus Wilkerson brings real-world experience to each case, treating clients with dignity regardless of their circumstances. His no-nonsense approach cuts through legal confusion while fighting tirelessly to protect clients’ rights against assault accusations.
Types of Assault Charges In Texas
Texas law classifies assault into different categories, each with its own penalties. The severity of the charge depends on factors such as intent, the presence of a weapon and the extent of injury inflicted.
- Misdemeanor assault: Often involves minor injuries or threats. Penalties include up to a year in jail and fines.
- Felony assault: Includes serious harm, repeat offenses or assaults against public servants. Convictions may lead to multi-year prison terms.
- Aggravated assault: Involves weapons or severe injuries. Classified as a second-degree felony, punishable by two to 20 years in prison.
Regardless of the classification, every assault charge requires a strong defense. The legal system does not presume guilt, and the right attorney can make all the difference.
Assault involving Family Violence
The most common misdemeanor assault charges are assaults involving family violence. These types of charges depend on the complaining witness and the defendant being family as the word is defined by the Texas Family Code. It includes someone you are or have been in a dating relationship with, your immediate family, any anyone you presently live with or have lived with in the past. A "dating relationship" exists even if there was only a single interaction involving some type of physical romance, whether it produced a child or not.
These assault charges often require completion of a long Batterer's Intervention and Prevention Program (BIPP), and a conviction can result on the loss of a person's ability to possess a firearm. Offenses alleging impeding someone's breath (choking someone) are a felony, even if it is a first-time offense.
Many people accused of these offenses believe the complaining witness will not appear to provide testimony. Not addressing a charge involving family violence based solely on that belief is a mistake. While it does not happen regularly, there are examples of prosecutors threatening to take a complaining witness into custody to testify regarding these types of allegations. You are always entitled to have the State prove the allegations against you beyond a reasonable doubt, but often you will wait a significant amount of time for such a case to proceed to trial, and generally as a condition of bond you are not allowed to have any contact with the "victim," which obviously can be very problematic for families with children or where the parties are married and living together.
The Benefits Of Working With A Skilled Defense Attorney
Because filing any legal defense is no easy feat, handling an assault charge without a lawyer is risky. Prosecutors aggressively pursue convictions; without a defense strategy, the odds are stacked against the accused. Attorney Wilkerson understands how Texas courts operate and builds compelling defenses based on case facts, witness testimony and procedural errors by law enforcement.
These defense strategies may apply:
- Self-defense: Demonstrating that actions were necessary to protect oneself from harm
- False accusations: Exposing inconsistencies in the accuser’s statements and evidence
- Lack of intent: Proving that no intentional harm was inflicted
He can analyze law enforcement procedures for errors, negotiate with prosecutors only after building a trial-ready defense and protect you from rushed plea deals that undervalue your future.
Depending on a number of factors, but especially on prior criminal history, there may be options to address the allegations that do not involve entering into a plea agreement or proceeding to trial. In certain circumstances, there are programs an defendant can participate it that can result in dismissal of charges. There are also programs a complaining witness can participate in if they want the District or County Attorney's office to dismiss the charges against a defendant.
Programs associated with these outcomes, and/or any type of probation involving assault, and especially assault - family violence charges include but are not limited to the following:
- Veteran's Court
- Not all counties have such a program avaiable, but prosecutors may still take Veteran's status into account when making charging and dismissal decisions.
- Batterer's Intervention and Prevention Program (BIPP)
- These programs often last up to 18 weeks and are typically provided through a local family services agency
- Anger Management
- There are a vast number of anger management programs. However, not all programs are created equally. If you are on bond supervision you may want to ask your supervising officer what programs their department approves so if you do complete an anger management program it can count toward any requirement of such a course in a plea agreement.
- Drug Intervention and Interdiction Programs
- While these programs are not typically associated with assault charges, if there is violence in a household related to drug use or abuse, this may be an option to explore.
There are also other options and opportunities. Contact a skilled attorney to guide you through the process of addressing Assault Allegations.
Take The First Step In Safeguarding Your Rights
For reliable representation in assault cases throughout Southeast Texas, including but not limited to Jefferson County, Orange County, Hardin County, Chambers County, Liberty County, Jasper County, and Montgomery County, contact Wm. Marcus Wilkerson, Attorney at Law, through (409) 212-9655 or online. Located in downtown Beaumont, Mr. Wilkerson provides aggressive representation and real-world experience to help secure the justice you deserve. If you want the best defense lawyer you can find, Attorney Wilkerson is the guy you are looking for.