James Luster

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Texas Assault Attorney

Defending Felony and Misdemeanor Assault Charges in Fort Worth

We provide comprehensive criminal defense for assault charges ranging from simple assault to aggravated assault with a deadly weapon. Tarrant County aggressively prosecutes assault cases, so you need to find a lawyer to aggressively defend you. James Luster is experienced in the courtroom, in the field investigating, and at the negotiating table. When a client walks into his office, he is a trial attorney that immediately begins building a persuasive argument for the government to dismiss your assault charge. While working toward a dismissal, he explores every other avenue to keep the assault case off of your criminal record. If the prosecutors decide they won’t back down, he won’t either. He prepares the case for trial and begins the battle for a “Not Guilty” verdict from a jury. A “guilty” plea is a last resort.

What is an assault in Texas?

Criminal assault ranges from a ticket offense (Assault by Contact) to Aggravated Assault (Second or First Degree Felony). The general foundation for an assault charge in Texas is found in the Texas Penal Code Section 22.01. A person commits the offense of assault if that person: (1) intentionally, knowingly, or recklessly causes bodily injury to another; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Other circumstances may increase the seriousness of the assault charge. For instance, assaulting a family member may increase the level of the assault charge or decrease the available methods for keeping it off of a person’s record. Whether you are charged with a misdemeanor or felony assault, the charges are serious and you need a serious defense attorney fighting for you. Schedule a consultation with an attorney, James Luster, to fully understand your assault charges and start putting together a strategy to fight.

Specific assault charges: 

Impeding Breathing - Family Violence

Aggravated Assault (Deadly Weapon / Serious Bodily Injury)

What are the consequences for assault charges in Texas?

The amount of punishment for an assault charge depends on many different factors. The most common assault cases, assault family violence, can result in a year in jail and a $4000 fine for a first offense (Class A Misdemeanor). A conviction for assault family violence can never be taken off of your record, and may be used against you years down the road. A second assault family violence conviction is a Third Degree Felony assault, with a range of punishment from 2 years to 10 years in a Texas prison. Aggravated Assault is a Second Degree felony if the government accuses a person of using or exhibiting a deadly weapon during the assault. A second degree felony assault has a punishment range of 2 years to 20 years in prison and up to a $10,000 fine. Understanding the specific consequences for your assault charge may be a complicated legal question. Finding a lawyer with experience and knowledge of the Texas assault laws is essential to developing your defense. To go over your assault charges and discuss your defensive strategy, contact James Luster to schedule an in office consultation.

What should I do if I’m charged with assault?

Law enforcement may charge you with or arrest you for assault based solely on an accusation. Your immediate reaction will be to “explain your side of the story.” Do not speak to anyone about the assault accusation until you have consulted an assault defense lawyer. If you are arrested or charged:

  • Be polite to police. You are probably being recorded (video or audio). A little courtesy goes a long way.
  • Tell the police, “I am not able to talk to you until I’ve spoken to my lawyer.” If they press you, don’t back down, just politely repeat, “I am not able to talk to you until I’ve spoken to my lawyer.”
  • Call a lawyer experienced and skilled in defending assault cases. It is never too early to get someone on your side.

So many people try to explain themselves and they just dig a deeper hole and damage their defense. Police are trained to gather evidence against you. Police are thinking far ahead about how your assault case will be presented in trial. Police do not have a duty to be honest with you. Be smart, get an assault attorney right now. Call James Luster, right now.

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