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In Texas, assault is one of the most frequent charges filed. Because trivial misunderstandings can rapidly escalate into heated disputes, it is one of the most prevalent crimes in the state. In many circumstances, an expert criminal lawyer may be able to assist you by resolving your charges and assisting you to avoid jail time and fines.
If you are facing assault charges in Texas, don’t go it alone. For a free consultation about your case, contact Texas Personal Injury Lawyers. Our legal team features battle-proven litigators as well as former criminal prosecutors with firsthand experience in the courtroom. Every day, we leverage our expertise and inside knowledge to protect our clients in high-stakes criminal defense situations like those involving assault allegations. We’ll apply this information to achieve favorable outcomes in your situation.
What Is Assault?
Texas Penal Code §5.22.01 defines assault as when a person intentionally or knowingly:
- Causes bodily harm to another person
- Threatens another person with bodily harm
- Makes physical contact with another person who will regard that contact as offensive or provocative
Penalties For Assault
Assault can have a variety of forms. The penalties and classification will vary depending on the nature of the injuries inflicted, the defendant’s prior record, and the victim. The costs for each sort of charge are listed below:
- Misdemeanor charges: The penalties for misdemeanor charges can be severe. Even modest injuries or the possibility of harm might result in a felony charge. Fines of up to $4,000 and 12 months in jail are possible.
- Felony charges: If you assault an officer of the peace, pull a weapon, or have a prior violent crime on your record, you may be charged with a felony. A fine of $10,000 and 10 to 20 years in prison are among the penalties.
Whether you’re facing misdemeanor or felony charges, these penalties can have a significant impact on your life. Don’t take these sentences lightly; get the assistance of a top-rated San Antonio criminal defense lawyer.
The Types Of Assault
Simple and aggravated assault are two types of assault recognized in Texas. These labels assist in the distinction of major and minor assaults for greater sentencing purposes.
- Simple Assault
The crime of assault is considered the act of intentionally, knowingly, or recklessly causing bodily harm to another person. In Texas, examples of simple assault include those in which no physical contact was made.
Examples Of Simple Assault
- Swinging and missing. It may be considered a simple assault if you try to cause physical harm to another person (for example, by throwing a punch), but you don’t succeed.
- Threatening to harm someone. Waving your arms about or making threatening remarks to someone else are all examples of committing assault.
Proving Simple Assault
The burden of proof in a simple assault case rests with the prosecution. The prosecution must offer evidence showing that you intended to harm someone, that the victim was frightened, and that damage was done. In order to be considered a simple assault, all three of these criteria must be met. Our assault lawyers throughout the state of Texas are ready to defend you in court against these allegations.
Legal Defenses for Simple Assault Charges
There are a number of reasons why an original assault charge may be dropped. The lawyer for the client can argue that his or her client was defending himself or property in self-defense. The situation may be described as an accident or it might be committed with the consent of another person. If only one or two of the criteria listed above are satisfied, the case will be dropped.
- Aggravated Assault
Aggravated assault is a legal term that refers to intentional behaviors by the assailant intended to generate fear of imminent injury in another individual. There must be an aggravating factor, such as serious bodily harm or the use of a deadly weapon, for an assault to qualify as “aggravated.”
Examples Of Aggravating Factors
- Details about the victim. If the victim is a child, an elderly person, a government official, or a police officer, the offense will be regarded more severely.
- The type of weapon. If the defendant used a deadly weapon (such as a knife, gun, or bludgeoning device) or wielded any other object in a threatening manner, the charge is considered an aggravated assault.
- Where the assault occurred. Assaults that take place on school premises or at the victim’s residence may be classed as aggravated.
- Injury severity. If the victim’s injuries were caused by the defendant’s actions, the crime might be upgraded to aggravated assault.
Legal Defenses For Aggravated Assault Charges
Many people have faced charges of aggravated assault after being assaulted by law enforcement. One of the most frequent reasons for this crime is factual innocence, in which a defendant is found to be innocent or the allegation was misinterpreted or attributed to the wrong individual. It is also possible for assault charges to be dropped if the victim was acting in self-defense, defending others or property, or had no malice. Provocation, consent, and the voluntary acceptance of risk are all issues that may be addressed in court.
Other Types Of Assault
In Texas, there are several circumstances that might be involved in assault charges. Both acts may be classified as simple or violent assault.
- Domestic Assault
Texas state courts have unique rules for prosecuting crimes committed against family members. If the victim is a current or former partner (casual dating or a more serious relationship), the child of a current or former partner, or someone with whom the offender resides, the offense will be handled as a domestic matter.
Intentionally, knowingly, or negligently causing or threatening bodily harm to a family member is considered domestic assault. Domestic assault, on the other hand, can also include non-violent physical contact that the defendant should have known would be provocative or insulting to the victim. See assault and battery.
In the State of Texas, non-consensual, unwelcomed sexual contact against another person may be classified as a sexual assault. In order to be prosecuted as a sexual assault, the action must include penetration. Evidence of physical force, threats of violence, coercion, or manipulation can be submitted to support the victim’s allegations about non-consent.
Can Assault Charges Be Dropped?
The crime of assault is a misdemeanor. In the State of Texas, criminal charges are filed by authorities, not individuals. This implies that the victim has no choice but to pursue prosecution through the legal process. Instead of having this power, state prosecutors have the option to dismiss or continue with the charge in court.
Get Tough, Aggressive, And Strategic Legal Defense
Texas Personal Injury Lawyers is committed to providing exceptional legal services to our clients. Being convicted of a minor or severe assault may result in big fines, time served, and ramifications that go far beyond your personal and professional existence. If you’ve been charged with assault in Texas, it’s critical to contact our attorneys. For a free consultation, contact us immediately.
To learn more about your rights, call us at (888) 997-2148 if you’d like to talk with the law team from Texas Personal Injury Lawyers. We work on a contingency fee basis, no upfront fees and we only earn fees if we win.