Latest Assault Cases In the News

AGGRAVATED ASSAULT DEADLY WEAPONÂ
Case No. 1260984 – Adam B.
GRAND JURY NO-BILL June 23, 2010
Adam is a  consultant who teaches online Webex classes to Fortune 500 businesses.  While thus engaged, maintenance personnel from his Westchase residence began loudly sanding his front door.  He calmly asked  them to work elsewhere until his class was over.  Complainants belligerently told Adam to see the management and continued their work even more loudly.   Adam couldn’t leave his class waiting to go see management.  Further, he felt threatened and displayed his shotgun vertically from within his own residence.  A shoving match ensued after which Complainants took photos of the gun with their cell phones.   Their statement, written in Spanish, lost something in the ‘translation’ by their jefe.  It took a long time for charges to be filed as presumably the DAs coached police on which leading questions to ask to elicit the required responses  from Complainants. Trespass was an issue since much of the struggle took place on and just over the threshold of Adam’s home whereas Complainants had no right or need to enter.  Adam further felt threatened with bodily injury by Complainants, who were acting aggressively, as corroborated by witness testimony.  After briefing the DA’s on all pertinent and disputed legal and fact  issues, providing eyewitness and character testimony, – including a compelling letter from the property owners, and photographic and weapon evidence, we got this case before the Grand Jury in record time.

          “Carl Haggard and his staff defended me expertly, vigorously and professionally toÂ
            bring false accusations of Aggravated Assault against me to a 100% positiveÂ
            resolution. You will not find a law firm more dedicated to clearing your good
            name.”   ~ Adam B. Â

AGGRAVATED ASSAULT DEADLY WEAPON
Case No. 1254000 – Kenneth W.
DISMISSED  April 21, 2010 – *DAY AFTER OUR FIRST COURT APPEARANCE*
Kenny had been in jail since March 4, 2010, when he was arrested for allegedly shooting his brother.  His elderly mother hired us to substitute in for a court-appointed attorney who she felt was not working very hard on the case.  The case involved a long-standing feud/rivalry between Kenny and his brother, the Complainant in the case.  A fight broke out in part over Complainant’s disrespectful treatment of their mother.  She attempted to break up the fight and was knocked to the ground.  When Complainant would not stop fighting Kenny long enough to help their mother get off the floor and out of harm’s way, Kenny took matters into his own hands and grabbed his loaded shotgun.  He hit Complainant on the head causing a would requiring eight staples.   The gun also accidentally fired at that time. Complainant called police thinking the blood from his head was due to a gunshot wound.  Kenny hid the shotgun but police recovered it as well as two .410 shells and processed his hands for gunshot residue which was tagged in evidence.  Mr. Haggard interviewed Kenny in jail and began work on the case immediately after being retained several days prior to his first court hearing.  We obtained a Dismissal the day after our first official court appearance.      “My son was facing a minimum of five years in prison.  Attorney Haggard fought for
      my  son and showed the court my son was defending me against the assault of
     another family member.  He won the case and it was subsequently dismissed.Â
     Without Mr. Haggard’s expertise, knowledge, and courtroom mediation, this could
     have been a very devastating outcome for me and my son.  My thanks and gratitude
     to Attorney Haggard and his staff for all they have done for my family.” 

AGGRAVATED ASSAULT DEADLY WEAPON
Case No. 1190283 – Brandon W.
DISMISSED March 24, 2010
This case involved a three-way knife fight and stab wounds to Complainant, wno produced the knife and first threatened Brandon with it.  A free-for-all ensued between the three resulting in blows to Complainant’s head by Brandon as well as several serious stab wounds requiring hospital treatment.  Using crime scene reconstruction and forensic evidence, such as analysis of the implications of the location of the trail of blood, as well as testimony from several eyewitnesses, we mounted a vigorous defense that included the thesis that Complainant’s stab wounds were caused either by himself inadvertently or by one of the other two parties accidentally.  Police took recorded statements of several witnesses and parties involved in the fight and charged Brandon only; no doubt his previous assault conviction didn’t help matters.  The fight happened in November of 2008 and languished in court for a year and a half while we aggressively battled, filing Motion after Motion and holding several pre-trial conferences to prepare for Trial.  The Dismissal  we won on the eve of Trial is all the more outstanding given that Brandon had unfortunately picked up another case in a nearby county during the pendency of this case.   

     “Mr. Haggard is AWESOME! - a diligent lawyer who works on behalf of his client and
      a straight shooter – an honest person – who tells you how it is and what you can
      expect.   I was very worried about my 19-year-old son going to prison.  With The
      Haggard Law Firm’s team and many prayers to the Lord above, my son has been
      given a second chance!  Due to his dedication to my son’s case, it was
      dismissed.  Should there ever be a need in the future, I want Mr. Haggard to
      represent this family.”

In Blount v. State, 201 S.W.3d 170 (Tex.App. — Houston [14th Dist.] 2006), the Court of Criminal Appeals held that an indictment alleging death or serious bodily injury is sufficient notice that the weapon alleged was a deadly weapon and the use of a deadly weapon would be an issue in the case.  Read more…