Is It Possible to Reverse an Aggravated Assault Conviction in Texas?
If you or someone you loved has been convicted of aggravated assault in Texas, the rest of their life will be negatively impacted. This can be especially painful if you feel the conviction was wrongful, unfair, or the result of bad lawyering (also called ineffective assistance of counsel).
However, a criminal conviction doesn’t have to be the end of the road—this is true whether the outcome resulted from a trial or plea negotiation. If the conviction feels unjust and the consequences too severe, then continuing the fight may be worth it.
At Chris Perri Law, a post conviction criminal defense firm serving all of Texas, we have extensive experience helping people try to reverse wrongful convictions. This is especially true when it comes to violent crime and sex crime cases. In this article, we’ll walk you through the options still on the table, even following an aggravated assault conviction.
What are the penalties for aggravated assault in Texas?
Aggravated assault is a serious, felony-level crime. In fact, an aggravated assault is considered a worse crime than just “regular” assault. This is true whether the assault is labeled sexual, physical, or both. Read more about what makes an assault “aggravated” here.
According to the Texas Penal Code, the prison penalty recommendations for felony aggravated assault can range from two years to life. Felony convictions can come with other harsh consequences as well, such as:
Expensive fines
Sex offender registration
Loss of employment and/or professional licensures
Loss of gun ownership rights
Housing restrictions
Voting limitations
Child custody concerns
The penalties for aggravated assault are severe and impact every facet of life. If the conviction doesn’t feel just, Chris Perri Law may be able to help. Call us at (512)269-0260 for a free case consultation.
Two ways to reverse criminal convictions: appeals and writs of habeas corpus
Under most circumstances, there are two ways to try to overturn wrongful convictions in Texas: criminal appeals and writs of habeas corpus. Both procedures have the same goal, but with different ways of getting there.
Chris Perri Law can help you decide which route makes the most sense for you or your loved one’s unique situation. Below we explain some of the key differences.
Option #1: criminal appeals
Appeals have a very simple focus, which is to prove that there were errors made at trial that could have shifted the outcome of the case. An example error would be if a judge misinterpreted the law and thus refused to let the defense present certain legally admissible evidence that could have cast doubt on guilt, such as a claim of self-defense.
Appeals are usually only appropriate if there was a trial. Rarely can they help following plea deals since appeals are focused on proving trial errors, and in plea deals, there was no trial.
Criminal appeals also require swift action. You must notify the courts of your intent to appeal within 30 days of the sentencing ruling. In federal cases, you only have 14 days to do so. If you miss this deadline, you are no longer eligible for an appeal. However, you can still pursue a writ of habeas corpus.
Option #2: writs of habeas corpus
While fewer people may be familiar with writs of habeas corpus, we’ve found they tend to have more success than appeals at overturning convictions. This is because a writ of habeas corpus can do so much more. On a writ of habeas corpus, you can make many arguments, including:
Actual innocence by presenting new evidence, such as new scientific evidence or witness testimony
Ineffective assistance of counsel, which means your attorney did an unconstitutionally bad job
Prosecutorial or jury misconduct
Writs of habeas corpus can help those who had trials and also those who took plea deals, especially if a person signed the plea agreement because of pressure or poor advice from their defense lawyer. Read more about reversing plea deals here.
Writs, at least in state court, have more flexible deadlines than appeals. That said, we recommend filing a writ of habeas corpus as soon as possible following a conviction. If you try to file the writ of habeas corpus too long after the case outcome, the courts may choose to deny it simply for being too old.
For more on how appeals and writs compare, click here.
Case example: Chris Perri Law successfully reverses an aggravated assault conviction
Chris Perri was hired by family after the client had been found guilty of aggravated sexual assault of a child. The client was a young man in his twenties sentenced to over two decades in prison. There was no physical evidence in the case linking the client to the crime, yet the outcry from the child persuaded the jury. Understandably, it is very concerning to hear a young child allege such inappropriate behavior. There was, however, potential motivation for adults to persuade the child to make a false allegation, as the wife sought revenge following the client’s affair.
Chris Perri was able to persuade the courts that the conviction was unsound for two reasons: First, he found evidence that one of the members of the jury acted unethically. Second, he was able to argue that the judge made a major trial error by allowing the wrong person to be designated as the outcry witness.
Chris Perri successfully presented this evidence to the courts, and as a result, the client’s conviction was overturned. He was freed from behind bars and able to start a new life without this stain on his record. He is now a proud small business owner, husband, and father.
Following a wrongful aggravated assault conviction in Texas, contact Chris Perri Law
If you or someone you care about was unfairly convicted of an aggravated physical or sexual assault in Texas, the fight doesn’t have to end. Chris Perri is an experienced, passionate, and award-winning criminal defense attorney with a honed skillset of helping those wrongfully convicted.
To set up a free consultation, contact Chris Perri Law at (512)269-0260 or www.chrisperrilaw.com.