Defense of Charge: Aggravated Assault with a Deadly Weapon Harris County, Texas.
Case Result: No Billed, Case Dismissed
My client was charged with shooting at a former employee during a heated argument in their office.
Texas law states that Aggravated Assault with a Deadly Weapon is a criminal offense when the defendant intentionally, knowingly, or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon during the commission of an assault. A deadly weapon refers to any object or instrument capable of causing death or serious bodily injury – for example, a gun or a knife.
Aggravated Assault with a Deadly Weapon is classified as a second-degree felony, with penalties including 2 to 20 years in prison and a fine of up to $10,000. This charge is more serious than simple assault, which involves less severe forms of physical harm or threats of harm.
In this case, the complainant and the defendant worked together for quite some time when things went sour. The complainant and my client were meeting at my client’s office to discuss the company’s future. After my client explained to the complainant that the company was moving in a different direction because the complainant was not performing well at his job, an argument broke out. Enraged by the firing, the complainant attacked my client. After the fight, the complainant called 911 and stated my client had shot at him several times. When police arrived, they found my client beaten and bloodied from the fight. My client gave his side of the story and stated there was no gun. The complainant stated there was a gun and my client fired it at him during the altercation. The police and the prosecutor believed the complainant and my client was arrested and charged with a second-degree felony Assault with a Deadly Weapon.
Conducting a thorough investigation is key to criminal cases. After I was hired, I started my investigation. There was a witness in the office that stated he did not hear a gunshot or even see a gun. We also interviewed neighbors that stated they did not hear a gunshot.
I prepped and drafted my grand jury packet to reflect the doubts that I uncovered in my investigation. I argued that the witnesses would have heard gunshots if there was, in fact, a gunshot and that the complainant had a motive to fabricate this story.
This case was particularly difficult because my client had a lengthy criminal history. Indeed, he had at least ten prior arrests, which made it increasingly difficult to get the prosecutor on our side. With all the information provided to the prosecutor in my grand jury packet, she presented it to the grand jury. The prosecutor wanted this case indicted.
This case was presented, and the grand jury returned a No Bill. This was a huge victory given my client’s criminal history and the fact the complainant came across as extremely believable in his statement to officers and the prosecutor.
If you are charged with a serious felony, it is imperative that you hire an experienced criminal defense attorney who has successfully handled criminal cases. My client would have faced a lengthy prison sentence had this case been indicted. I was happy to give my client his life back.