Statistics indicate that in 2010 there were over 71,000 cases of
aggravated assault in the state of Texas. For reasons not understood,
more aggravated assaults occurred in the state in May than in any other
month while the fewest assaults took place in February. Approximately
284 aggravated assaults took place in 2010 for every 100,000 residents
in the Lone Star State. Assault charges are taken very seriously in
Texas, especially if a weapon was used or if injuries resulted from the
assault.
The circumstances surrounding the assault will determine whether it will be charged as a misdemeanor or a felony and there are a wide variety of penalties and punishments involved. Simple assault will generally be charged as a misdemeanor unless it involves domestic violence, and except for domestic violence cases police officers will usually want to either see the “assault” themselves or have corroborating witness testimony. Keep in mind, however that “assault” has a very broad definition and can include the threat of assault or something as simple as poking your neighbor in the chest to make a point during a heated argument.
How is Assault Defined in Texas? If you threaten another person with harm such as threatening to kick, hit, choke, club, etc., and that person believes you intend to do just that and fears harm from you, then you can be charged with assault. Any reckless or intentional cause of bodily injury to another person when you are aware that the physical contact is offensive or unwanted is considered assault. Getting into a bar brawl may also be considered assault unless you can prove you were only defending yourself after another person began the altercation.
What Penalties Will You Incur for Assault? Simple assault—assuming there are only negligible injuries involved—will typically be charged as a Class A misdemeanor however you could still find yourself facing stiff fines—as much as $4,000. A simple push or shove to another person would typically be charged as a misdemeanor unless that person happened to be elderly or a sports officiator then you could face Class B misdemeanor charges. Should you have committed the assault against a family member, spouse or domestic partner simple assault can quickly become a third-degree felony charge, bringing two to ten years in a Texas state prison. Likewise, if you committed simple assault against a public servant, security guard or emergency services employee you could face third-degree felony assault charges.
Aggravated Assault in Texas Should you have been reckless enough to use a weapon in the course of the assault, the stakes are much higher. A misdemeanor charge can quickly become an aggravated assault charge which in Texas is a second-degree felony bringing two to twenty years in a state prison and a fine of up to $10,000. Aggravated assault is the same as misdemeanor assault in one way, however—if you committed an assault against a public official, security guard, elderly person, sports officiator as well as an informant or witness to a crime, the second-degree felony gets bumped up to a first-degree felony assault charge. Penalties for such a crime are harsh—from 5-99 years in a Texas state prison plus extensive fines.
Defenses to Charges of Assault Retaining the services of a highly knowledgeable criminal defense attorney immediately is crucial in the outcome of your charges. Having a conviction for assault on your record will have far-reaching consequences, potentially for the rest of your life. You may be unable to get a job or may even lose the job you have. You could find yourself unable to rent an apartment, obtain a student loan, gain a professional license, work with children and you may find your reputation in shreds. Your assault attorney will look for a reasonable explanation for the alleged assault and may even dispute whether the assault took place as defined in the legal sense. Witness evidence may be challenged or your assault attorney may choose to offer an affirmative defense on your behalf.
This means that while you don’t deny the assault occurred, you believe you had a solid legal reason. Perhaps the other person was harming you or a family member or was about to steal something that belonged to you and you were only acting in defense of your person, family or property. Or maybe you had been drinking and your judgment was impaired. In any case you should not have to spend years of your life in prison for a moment of poor judgment. Texas allows its citizens the right to use reasonable force in protecting themselves from harm and your attorney could use this to your advantage provided you were not the instigator of the altercation.
Getting Legal Help Whether you feel you are guilty of the crime of assault or not, remember that the Texas legal system takes a dim view of any type of assault. For this reason and to safeguard your future, you must have a highly experienced Houston criminal assault attorney by your side that will fight aggressively for your rights.
The circumstances surrounding the assault will determine whether it will be charged as a misdemeanor or a felony and there are a wide variety of penalties and punishments involved. Simple assault will generally be charged as a misdemeanor unless it involves domestic violence, and except for domestic violence cases police officers will usually want to either see the “assault” themselves or have corroborating witness testimony. Keep in mind, however that “assault” has a very broad definition and can include the threat of assault or something as simple as poking your neighbor in the chest to make a point during a heated argument.
How is Assault Defined in Texas? If you threaten another person with harm such as threatening to kick, hit, choke, club, etc., and that person believes you intend to do just that and fears harm from you, then you can be charged with assault. Any reckless or intentional cause of bodily injury to another person when you are aware that the physical contact is offensive or unwanted is considered assault. Getting into a bar brawl may also be considered assault unless you can prove you were only defending yourself after another person began the altercation.
What Penalties Will You Incur for Assault? Simple assault—assuming there are only negligible injuries involved—will typically be charged as a Class A misdemeanor however you could still find yourself facing stiff fines—as much as $4,000. A simple push or shove to another person would typically be charged as a misdemeanor unless that person happened to be elderly or a sports officiator then you could face Class B misdemeanor charges. Should you have committed the assault against a family member, spouse or domestic partner simple assault can quickly become a third-degree felony charge, bringing two to ten years in a Texas state prison. Likewise, if you committed simple assault against a public servant, security guard or emergency services employee you could face third-degree felony assault charges.
Aggravated Assault in Texas Should you have been reckless enough to use a weapon in the course of the assault, the stakes are much higher. A misdemeanor charge can quickly become an aggravated assault charge which in Texas is a second-degree felony bringing two to twenty years in a state prison and a fine of up to $10,000. Aggravated assault is the same as misdemeanor assault in one way, however—if you committed an assault against a public official, security guard, elderly person, sports officiator as well as an informant or witness to a crime, the second-degree felony gets bumped up to a first-degree felony assault charge. Penalties for such a crime are harsh—from 5-99 years in a Texas state prison plus extensive fines.
Defenses to Charges of Assault Retaining the services of a highly knowledgeable criminal defense attorney immediately is crucial in the outcome of your charges. Having a conviction for assault on your record will have far-reaching consequences, potentially for the rest of your life. You may be unable to get a job or may even lose the job you have. You could find yourself unable to rent an apartment, obtain a student loan, gain a professional license, work with children and you may find your reputation in shreds. Your assault attorney will look for a reasonable explanation for the alleged assault and may even dispute whether the assault took place as defined in the legal sense. Witness evidence may be challenged or your assault attorney may choose to offer an affirmative defense on your behalf.
This means that while you don’t deny the assault occurred, you believe you had a solid legal reason. Perhaps the other person was harming you or a family member or was about to steal something that belonged to you and you were only acting in defense of your person, family or property. Or maybe you had been drinking and your judgment was impaired. In any case you should not have to spend years of your life in prison for a moment of poor judgment. Texas allows its citizens the right to use reasonable force in protecting themselves from harm and your attorney could use this to your advantage provided you were not the instigator of the altercation.
Getting Legal Help Whether you feel you are guilty of the crime of assault or not, remember that the Texas legal system takes a dim view of any type of assault. For this reason and to safeguard your future, you must have a highly experienced Houston criminal assault attorney by your side that will fight aggressively for your rights.
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