At Varghese Summersett, we have had great success defending aggravated assault charges by evaluating the state's weaknesses and finding mitigating circumstances to cast our clients in the best possible light. Board Certified Criminal Defense Attorney Benson Varghese explains in how in this video.
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00:00 How Do You Beat an Aggravated Assault Charge in Texas?
00:18 Victims Often Have No Visible Injuries
00:34 Aggravated Assault Can Involve a Deadly Weapon, Display or a Deadly Weapon or a Threat With a Deadly Weapon
01:12 Aggravated Assault is Punishabley to 2 to 20 Years in Prison
01:40 Lack of Cooperation by Alleged Victim Will Not Stop Prosecution
03:19 We Evaluate the Case for Weaknesses
03:58 Mitigating Circumstances
04:31 Success = Keep Client Out of Prison & Avoid Felony Conviction
04:50 Protecting Client's Record
05:27 Expunctions and Non-Disclosures
06:11 Questions? Comments?
Transcript: Benson Varghese:
How do you beat an aggravated assault charge in Texas?
First, it's important to understand that aggravated assault, a second-degree felony that exposes you to two to 20 years in prison, can be filed and is often filed by an alleged victim who has no visible injuries or no injuries at all. That's a hard concept for most people to get their minds around. So it's important to understand what this charge is and the many ways it can be filed so that you can then understand the defenses that can be raised.
Aggravated assault can be an assault that involved a deadly weapon that actually caused injury. It can be an assault involving a deadly weapon that was simply displayed. And it can be a threat that was made while a person was holding or displaying a deadly weapon.
So, the classic and terrible example that I give is imagine a couple is having a fight in the kitchen. Let's say the wife is holding a knife. As she's cutting some produce, she makes a threat to the husband and because in the moment that she made that threat, she was holding a deadly weapon or what can be perceived as a deadly weapon, that could get filed as a felony that now exposes her to up to 20 years in prison.
A huge number of aggravated assault cases are filed with no actual injury. Whether there's an injury or not, an overwhelming number of these cases also involve defendants who have no criminal history. So, what do you do if you are charged with aggravated assault with a deadly weapon? Many people imagine that the lack of cooperation from the alleged victim or the alleged victim's lack of desire to prosecute the defendant would be sufficient for the case to get tossed.
Unfortunately, what people find out when they're in this circumstance is that the alleged victim's desire counts for very little, both with the arresting officer, but certainly also with the prosecutor in the case. Because of the types of cases prosecutors see and the sometimes legitimate circumstances that they're exposed to, they tend to believe that people will come up with other reasons as to why they'll say, "Hey, I don't want to see this person prosecuted," or to later say, "This offense didn't really happen."
So you can end up with these situations where the reality is in the moment an upset spouse called 911, they wanted to diffuse the situation.