This is a separate charge from assault, and involves the actual use of force. If serious physical harm was caused, then a felony charge may result. Of course, there are potential defenses to charges from a bar fight — but intoxication is not one of them. If you voluntarily chose to get drunk, your Orange County criminal defense attorney cannot use that as a defense in your case.
However, if you were acting in self-defense or defense of another person, that may be a defense to the charges against you. At the Chambers Law Firm, our Orange County criminal defense attorneys have experience in defending clients charged with assault, battery and all other types of crimes stemming from bar fights and other situations. These charges may all be amplified if there are additional illegal substances on your person and your actions may have been influenced by those substances.
Battery becomes a felony Second Degree Battery when the offender intentionally inflicts serious bodily injury such as unconsciousness, disfigurement, or severe pain. The offender can go to jail for eight years if convicted. Skip to content Unfortunately, sometimes the bar can become more of a wrestling ring than a watering hole. Assault is sometimes defined as any intentional act that causes another person to fear that she is about to suffer physical harm. This definition recognizes that placing another person in fear of imminent bodily harm is itself an act deserving of punishment, even if the victim of the assault is not physically harmed.
This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to actually strike the victim. Assault Case Example: Snider is walking down a city street carrying a bottle of soda. Mantle, walking along the same street in the opposite direction, sees Snider approaching. Because of Snider's reputation as a hot-head, Mantle immediately becomes fearful that Snider will swing the bottle at him when their paths cross.
As they walk past each other, nothing happens. Snider has not committed an assault. Snider has a right to carry a bottle of soda in public, and Mantle's fear of being hit was not the result of Snyder's intentionally threatening behavior. But now assume that, as they draw closer, Snider draws back his fist and tells Mantle "You're going to pay for stealing my collection of baseball pennants.
Here, Snider has committed an assault. His intentional conduct placed Mantle in reasonable fear of immediate bodily harm. Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a "completed" assault. Many modern statutes don't bother to distinguish between the two crimes, as evidenced by the fact that the phrase "assault and battery" has become as common as "salt and pepper.
The criminal laws of many states classify assaults as either simple or aggravated, according to the gravity of the harm that occurs—or is likely to occur if the assaulter follows through and strikes the victim. Aggravated assault is a felony that may involve an assault committed with a weapon or with the intent to commit a serious crime, such as rape.
Some assault laws name the aggravating factor —for example, "assault with a deadly weapon. In the absence of factors such as these, the crime tends to be simple assault, a misdemeanor.
You and several friends go to a local bar and drink a little too much. Another patron at the bar bumps into you and you push back. Within seconds, another person throws a punch and you hit back. The next morning, police appear at your home to arrest you for assault and battery.
In short, an assault charge of any type may have a dramatic negative impact on your personal and professional life. Assault may be considered as aggravated assault if serious injury is involved, or a weapon is used in the commission of the assault.
An aggravated assault charge is more serious than simple assault:. A criminal assault charge of any type is an extremely serious matter. An assault conviction can have long-ranging negative consequences that damage your personal and work opportunities.
How can a criminal attorney help you? If you or someone you care about has been charged with assault after a Houston bar fight, you need a Houston criminal defense attorney with deep experience in handling assault cases. Your attorney will review the facts of the case and determine a strong defense strategy. For instance, did assault according to Texas law take place? What did witnesses actually see?
What mental or emotional condition were the witnesses in when they saw the alleged assault? Were they drinking? Alternatively, you could use an affirmative defense. In that instance, you admit assaulting the individual but had legal justifications to do so, such as acting in self-defense, protecting another individual from harm, or seeking to protect your personal property from vandalism or theft.
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