Austin Aggravated Assault Defense Attorney

Assault Charges in Austin: Your Defense with Lance Kennedy

When authorities arrest you or someone you love for aggravated assault in Austin, TX, your world can feel like it’s crumbling around you. The fear, uncertainty, and stress can be overwhelming. You might worry about your future, your freedom, and how this charge will impact your life. You need a legal ally who understands what you’re going through and will fight tenaciously for your rights.

As an experienced Austin aggravated assault attorney and former prosecutor, Lance Kennedy knows the devastating impact these charges can have on individuals and families. He’s seen firsthand the anxiety and sleepless nights that come with facing such serious allegations. That’s why he’s committed to providing compassionate counsel and strategic defense strategies for those accused of aggravated assault in Austin and throughout Central Texas.

Contact Lance Kennedy Law today for a free case review. Lance will evaluate your case, advise you of your rights and options, and help you achieve the best outcome possible.

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Understanding Aggravated Assault in Texas

To effectively fight aggravated assault charges, you need to know what you’re up against. Texas law takes assault offenses very seriously, and the penalties can be severe. Here are the key elements of aggravated assault charges in Texas:

Legal Definition

Texas considers aggravated assault as an assault that:

1. Causes serious bodily injury to another person, or
2. Involves the use or exhibition of a deadly weapon during the commission of the assault.

This definition elevates the charge from simple assault to a more severe offense, reflecting the increased danger or harm involved in the alleged incident. It’s important to note that “serious bodily injury” goes beyond minor cuts or bruises. It refers to injuries that create a substantial risk of death or cause permanent disfigurement or loss/impairment of any body part or organ.

Differences Between Simple Assault and Aggravated Assault

Simple assault in Texas generally involves:

• Intentionally, knowingly, or recklessly causing bodily injury to another person
• Threatening someone with imminent bodily injury
• Causing physical contact that the person knows or should reasonably believe the other will find provocative or offensive

Aggravated assault, on the other hand, involves additional elements that make the offense more serious:

• The use of a deadly weapon
• Causing serious bodily injury
• Assaulting a public servant, security officer, or emergency services personnel

Common Scenarios Leading to Aggravated Assault Charges

Aggravated assault charges can arise from various situations, including:

• Domestic disputes that escalate to violence involving weapons
• Bar fights or altercations where serious injuries occur
• Road rage incidents involving threats with a vehicle or other weapon
• Confrontations with law enforcement officers
• Attacks resulting in severe injuries, such as broken bones or head trauma

Understanding these distinctions is crucial for building a strong defense. Lance Kennedy’s experience as a former prosecutor gives him unique insight into how the state builds its cases, allowing him to anticipate and counter their arguments effectively.

Potential Consequences of an Aggravated Assault Conviction

The repercussions of an aggravated assault conviction extend far beyond the courtroom, potentially impacting every aspect of your life. Here’s what could be at stake:

• Prison sentences: Aggravated assault is typically charged as a second-degree felony in Texas, carrying a potential sentence of 2 to 20 years in state prison. In some cases, such as assaults against public servants or involving domestic violence, it may be elevated to a first-degree felony, with penalties ranging from 5 to 99 years or life in prison.
• Fines: In addition to imprisonment, convicted individuals may face fines of up to $10,000. These financial penalties can create a significant burden, especially when combined with legal fees and potential civil lawsuits.
• Long-term impacts on employment, housing, and personal life: A felony conviction for aggravated assault can have far-reaching consequences:

• Difficulty finding employment, especially in fields requiring background checks
• Challenges in securing housing, as many landlords are hesitant to rent to those with violent felony convictions
• Loss of professional licenses or certifications
• Restrictions on firearm ownership
• Strained personal relationships and social stigma
• Potential immigration consequences for non-citizens

Given these severe and long-lasting effects, you must begin mounting a solid defense against aggravated assault charges as soon as possible. Lance Kennedy understands how serious your situation is and will work diligently to protect your rights and lessen the potential impact on your life and future.

How an Austin Aggravated Assault Defense Attorney Can Help

When facing aggravated assault charges in Austin, having a skilled defense attorney by your side can make all the difference. Lance Kennedy’s approach to defending his clients is comprehensive and tailored to each case:

Case Evaluation

Lance begins by thoroughly reviewing all aspects of your case, including:

• Police reports and witness statements
• Physical evidence and forensic reports
• Surveillance footage or other visual evidence
• Your version of events

This comprehensive evaluation allows him to identify strengths and weaknesses in the prosecution’s case and develop the most effective defense strategy.

Evidence Gathering and Analysis

A strong defense often hinges on uncovering evidence that supports your side of the story. Lance and his team will:

• Interview witnesses and gather additional statements
• Consult with experts in relevant fields (e.g., forensics, ballistics, or medical professionals)
• Analyze crime scene evidence and police procedures for any irregularities
• Investigate the backgrounds of key witnesses for potential credibility issues

Negotiation with Prosecutors

In many cases, skilled negotiation can lead to favorable outcomes without needing a trial. Lance Kennedy will:

• Engage in plea bargaining discussions with prosecutors
• Advocate for reduced charges or alternative sentencing options
• Present mitigating factors that may influence the prosecution’s stance
• Negotiate for dismissal of charges when appropriate

His experience as a former prosecutor gives Lance unique insight into the other side’s thought processes. He knows how to talk to prosecutors and negotiate effectively.

Development of Defense Strategies

Based on the specifics of your case, Lance will craft a defense strategy to achieve the best possible outcome. This may involve:

• Challenging the admissibility of evidence
• Questioning witness credibility
• Demonstrating lack of intent or mitigating circumstances
• Presenting alternative theories of the incident

Throughout the process, Lance will keep you informed and involved, ensuring you understand your options and can make informed decisions about your case.

Common Defense Strategies for Aggravated Assault

Every aggravated assault case is unique. The best defense strategy depends on the incident and the strength of evidence against you. Here are some common approaches Lance Kennedy may consider when building your defense:

• Self-defense: If you reasonably believed you were in imminent danger of harm, you may have been justified in using force to protect yourself. Texas law recognizes the right to self-defense. However, your attorney must demonstrate that your actions were proportional to the threat you faced.
• Defense of others: Similar to self-defense, you may have acted to protect another person from imminent harm, such as your child or spouse. This defense requires showing that a reasonable person in your situation would have believed intervention was necessary.
• Lack of intent: Aggravated assault charges require proving that you intentionally, knowingly, or recklessly caused serious bodily injury or used a deadly weapon. If your actions were accidental or you didn’t have the required mental state, Lance could explore this as a viable defense.
• Mistaken identity: In some cases, you may have been wrongly identified as the perpetrator. This defense involves challenging eyewitness identifications and presenting evidence of your whereabouts during the incident.
• Challenging evidence or witness credibility: This strategy involves scrutinizing the prosecution’s evidence and witnesses for inconsistencies, bias, or procedural errors that could undermine their case against you.

You may also have other possible defense options. Lance will carefully evaluate your case to determine which strategies will most likely succeed and tailor his approach accordingly.

What’s the Legal Process for Aggravated Assault?

The criminal justice process for aggravated assault follows a certain procedure. Here’s what to expect:

• Arrest and booking: The process typically begins with an arrest, either at the scene of the alleged incident or later based on a warrant. You’ll be taken to a local jail for booking, which involves fingerprinting, photographing, and collecting personal information.
• Bail and pretrial hearings: Shortly after your arrest, you’ll have a bail hearing where a judge determines whether to release you and under what conditions. This is followed by an arraignment, where you’ll enter a guilty plea, not guilty, or no contest. Additional pretrial hearings may be scheduled to address various legal issues before trial.
• Plea bargaining: Many cases are resolved through plea negotiations between your defense attorney and the prosecutor. Lance Kennedy’s experience on both sides of the courtroom gives him a unique advantage in these negotiations.
• Trial: If the prosecution won’t offer a fair plea agreement, your case will proceed to trial. This involves jury selection, opening statements, presentation of evidence, witness testimony, closing arguments, and jury deliberation. Lance will guide you through each step while asserting your rights and presenting the strongest defense possible.
• Sentencing (if applicable): If the court finds you guilty or you accept a plea deal, your case moves to sentencing. Lance will advocate for the most lenient sentence possible and present mitigating factors to reduce the severity of the penalties. He will also argue for alternatives to incarceration when appropriate.

Throughout this process, Lance Kennedy will be by your side, explaining your options, protecting your rights, and fighting for the best possible outcome.

Why Choose Lance Kennedy Law for Aggravated Assault Defense

When your freedom and future are on the line, you need a defense attorney with the right combination of experience, skill, and dedication. Lance Kennedy brings a unique perspective to your defense, having served as both a U.S. and Texas criminal prosecutor before transitioning to defense work. This background gives him invaluable knowledge of how prosecutors build and present their cases, allowing him to anticipate and counter their strategies effectively.

Lance’s approach to aggravated assault defense involves:

• Thorough case preparation and attention to detail
• Aggressive advocacy in and out of the courtroom
• Clear communication and accessibility to clients
• Strategic thinking and creative problem-solving
• Compassion for clients and their families during a difficult time

By choosing Lance Kennedy Law, you’re gaining an ally who will ensure you receive fair and impartial treatment throughout the adjudication process and fight for your rights and future at every turn.

Frequently Asked Questions About Aggravated Assault Charges in Austin

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