austin Violent Crime defense attorney

Have you been charged with assault? An Austin criminal defense lawyer from Law Office of Alejandro Martinez, PLLC will fight to zealously defend you in court. 

Lawyer for violent crimes in austin, tx

Individuals charged with a violent crime can face very serious penalties if convicted of the offense. Some of these repercussions can include an ineligibility to apply for certain jobs or educational opportunities, an inability to receive some types of government assistance, a permanent criminal record, jail or prison time and fines. 

Like any other criminal offense, allegations of violent crime must be proven by the State beyond all reasonable doubt. If the prosecution is unable to meet this burden, the charges may be reduced or even dismissed. It is important to hire an experienced criminal defense attorney who will challenge the prosecution's evidence and help you achieve the best possible outcome for your particular situation.

 The Law Office of Alejandro Martinez will zealously defend you in court if you are facing assault charges in Austin. 

austin assault defense lawyer
 

Assault - Tex. Penal Code § 22.01

An individual can be charged with this offense if they:

  • Intentionally, knowingly or recklessly cause bodily injury to another;
  • Intentionally or knowingly threaten another with imminent bodily injury; or
  • Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

This offense is generally punishable as a Class A misdemeanor or a third degree felony.

Aggravated Assault - Tex. Penal Code § 22.02

An individual can be charged with this offense if they:

  • Commit assault and cause serious bodily injury to another; or
  • Commit assault and use or exhibit a deadly weapon during the commission of the assault.

This offense is punishable as a second or first degree felony.

"Bodily Injury" - Tex. Penal Code § 1.07(8)

The Texas Penal Code defines “bodily injury” as any “physical pain, illness, or any impairment of physical condition.” This definition is very broad and therefore, any physical contact, including relatively minor altercations, can lead to an arrest if the contact causes any type of pain to the other person.

"Serious Bodily Injury" - Tex. Penal Code § 1.07(a)(46) 

The Texas Penal Code defines “serious bodily injury" as any bodily injury that creates a substantial risk of death or causes death, serious permanent disfigurement, impairment of any body organ or extended loss of any body organ.

other violent crimes in austin, tx
 

Kidnapping – Tex. Penal Code § 20.03

An individual can be charged with this offense if they intentionally and knowingly abduct another person. This offense is punishable as a felony of the third degree.

Unlawful Restraint - Tex. Penal Code § 20.02

An individual can be charged with this offense if they intentionally or knowingly restrain another person. This offense is punishable as a Class A misdemeanor. If the victim was younger than 17, it is a state jail felony. It is a third degree felony if the victim was recklessly exposed to substantial risk of serious bodily injury.

Deadly Conduct - Tex. Penal Code § 22.05

An individual can be charged with this offense if they recklessly committed an act that put other people in imminent danger of serious bodily injury. This offense is punishable as a Class A misdemeanor unless a gun was fired, at which point it becomes a third degree felony.

Terroristic Threats - Tex. Penal Code § 22.07

An individual can be charged with this offense if they threaten to commit an offense against a person or property and the threat was intended to place a person in fear of imminent serious bodily injury, cause a reaction from an emergency services agency, disrupt a public place or place the public in fear of serious bodily injury.

This offense is generally punishable as a Class B misdemeanor, unless committed against a family member, person with whom the accused is in a dating relationship or public servant, in which case it is a Class A misdemeanor. Threats that ultimately cause more than $1,500 in losses are a state jail felony, and threats against the public are a third degree felony.

Robbery - Tex. Penal Code § 29.02

An individual can be charged with this offense if they commit theft and, in the act, intentionally cause bodily injury or threaten to cause bodily injury. This offense is punishable as a second degree felony. Aggravated robbery, which is robbery involving a deadly weapon, serious bodily injury or an elderly or disable victim is a first degree felony.

Manslaughter – Tex. Penal Code § 19.04

An individual can be charged with this offense if they recklessly cause the death of another person. This offense is punishable as a felony of the second degree.

Homicide – Tex. Penal Code § 19.03

An individual can be charged with this offense if they intentionally, knowingly, recklessly or with criminal negligence cause the death of another person. This includes other offenses, including murder, capital murder, manslaughter or criminally negligent homicide.

Murder – Tex. Penal Code § 19.02

An individual can be charged with this offense if they intentionally or knowingly cause the death of another person; intend to cause serious bodily injury to another person and commits an act that causes the other person’s death; or during the commission of a felony offense or attempting to commit a felony causes the death of another person. This offense is punishable as a felony of the second or first degree.

Violent Crime Penalties

Chapter 12 of the Texas Penal Code defines the penalties for violent crimes. The penalties can vary depending on a number of factors, including whether a weapon was used in the commission of the offense, whether bodily injury or death occurred as a result of the offense, whether the victim was elderly or disabled and whether the alleged offender has a previous criminal history. The basic statutory penalties are as follows:

  • A Class A misdemeanor violent crime is punishable by a jail sentence up to one year and/or a fine not more than $4,000.
  • A state jail felony violent crime can face a jail sentence from 180 days to two years and/or a fine up to $10,000.
  • A third degree felony violent crime can face a prison sentence from two to ten years and/or a fine not more than $10,000.
  • A second degree felony violent crime can face a prison sentence from two to 20 years and/or a fine not exceeding $10,000.
  • A first degree felony violent crime can face a prison sentence from five years to 99 years or life imprisonment and/or a fine not more than $10,000.
     

violent crime defenses

Justification - This defense applies when an individual commits an act that would otherwise be a criminal, but does so in order to protect the public or private in an emergency situation.

Self Defense – This defense applies when an individual reasonably believed an individual was going to cause them death or serious bodily injury or to protect themselves from an attack by another person.

Lack of Intent – This defense applies when an individual does not have the required mens rea to satisfy the intent element for the offense.

Defense of Others – This defense applies when an individual reasonably believed another person was about to be harmed by death or serious bodily injury by an attack from another person.

Defense of Property – This defense applies when an individual used force against another person who was damaging or about to damage their property, or to prevent an intruder from entering their home, vehicle or residence.

resources for Violent Crimes in austin

Texas Penal Code – Assaultive Offenses –Chapter 22 of the Texas Penal Code defines many laws regarding assaultive offenses in Texas, including assault and rape, and the penalties if an individual is convicted of committing an offense.

The National Center for Victims of Crime (NCVC) – This national non-profit organization aids individuals who have been victims of violent crimes and provides assistance to individuals, families and communities after they have been harmed by crimes of violence. 

Texas Department of Criminal Justice – This link is to the Victim Services Division of the Texas Department of Criminal Justice. This site provides direct and person service to victims of crimes and their families throughout Texas. Some of the services provided by the Victim Impact Unit include the Texas Crime Victim Clearinghouse (TxCVC), Victim Impact Statement, Crime Victim Assistance Standards and a victim online resources directory.

law office of alejandro martinez, pllc | AUSTIN violent crime ATTORNEY

Contact Law Office of Alejandro Martinez, PLLC today if you have been charged with a violent crime in Travis, Williamson, Hays, Bastrop or Caldwell County. This includes the cities Austin, Pflugerville, Round Rock, Cedar Park, Georgetown, Leander, Killeen, Temple, San Marcos, Bastrop, Lockhart and surrounding areas.

Alejandro Martinez is an experienced Austin Criminal Defense Lawyer who will make every effort to help you avoid the most serious penalties and repercussions to the allegations against you.