Aggravated assault is a serious felony criminal offense in Texas. Being convicted of aggravated assault carries a lengthy prison sentence, probation, significant fines, and other negative consequences for employment, housing, child custody, and visitation. If you have been arrested for aggravated assault in Texas, it is essential that you take action to protect yourself and your rights. We will discuss some of the steps you should take after being charged with aggravated assault below.
Use Your Right to Remain Silent
The Constitution guarantees us the right to remain silent. One of the most important things you should know regarding being charged with a crime in Texas involves your Fifth Amendment right to remain silent. As soon as you are arrested, you have the right not to answer any questions regarding committing a crime unless a grand jury indicts you to do so. When you are arrested, the most information you should give police officers is your name.
Do not answer any questions or describe what happened until you discuss your case with your criminal defense attorney. Do not make an admission of guilt or state that you have associated with other potential criminals. Simply tell the officers asking you questions that you are invoking your right to remain silent.
Avoid All Questionable Activities
After you have been arrested for aggravated assault, you will attend a hearing. During this hearing, the crimes you have been charged with will be read. You will be officially charged or released. The charges against you must be posted within 72 hours of your arrest, or you will be free to go. If you are charged with a crime, you will probably have the option to post bail. Regardless of whether you have been released from jail, you must refrain from commenting on any suspicious or illegal activities. If you do, these comments may significantly impair your case, especially if you have already been charged with aggravated assault.
Defenses to Aggravated Assault Charges
Remember, someone can be charged with aggravated assault even if they never touched the alleged victim. Waving a deadly weapon and threatening the alleged victim can lead to a charge of aggravated assault. There are several different legal defenses you may be able to use, depending on the facts in your case. You may be able to allege that no deadly weapon was used or that no threats were made.
Perhaps you have an alibi showing that you could not have been at the scene of the alleged crime when it happened. You may be able to allege that you were acting in self-defense because you feared for your safety or life. Similarly, you may be able to show that you were acting in defense of others.
Call a Dallas/Ft. Worth Criminal Defense Attorney
You should also contact a criminal defense attorney as soon as possible. Your attorney can begin gathering evidence and developing your legal defense strategy. Contact the skilled criminal defense attorneys at Abel Law Firm today to schedule your initial consultation to learn more about how we can protect you and your rights.