Assault

SIMPLE ASSAULT

To be charged with an assault, there does not necessarily have to be an injury or physical contact. In some instances, touching someone or threatening them with immediate harm is enough.  

In Texas, a person commits the offense of assault if he:

  • intentionally, knowingly, or recklessly causes bodily injury to another person

  • intentionally or knowingly threatens another person with imminent bodily injury, or

  • intentionally or knowingly causes physical contact with another that the offender knows or reasonably should know the victim will find the contact offensive or provocative.


PENALTIES AND PUNISHMENT FOR SIMPLE ASSAULT

The offense of simple assault can range from a class C misdemeanor, punishable by a fine not to exceed $500, all the way up to a third degree felony, punishable by a fine not to exceed $10,000 and/or 2 to 10 years in prison.

A simple assault causing another person bodily injury is a class A misdemeanor. The range of punishment is a fine not to exceed $4,000 and/or up to a year in jail.

If you are arrested for assault during a sporting event against any of the participants of the sport, you could be convicted of a class B misdemeanor. The range of punishment for a class B misdemeanor is a fine not to exceed $2,000 and/or up to 180 days in jail.  

AGGRAVATED ASSAULT

In cases where a weapon is involved, the charge is considered an aggravated assault which is a second-degree felony. The range of punishment is a fine not to exceed $10,000 and/or 2 to 20 years in prison.

Aggravated assault can be bumped up to a first-degree felony in certain cases of domestic violence or in cases where the assault is committed against a public official, security guard, informant, or witness to a crime. The range of punishment is a fine not to exceed $10,000 and/or 5 to 99 years in prison.

If you find yourself dealing with an assault charge, call our office for more information and help with your case.

Domestic Assault

Domestic assaults charges, also known as assault family violence charges, can boil down to being a he said, she said situation. Unfortunately, there are domestic assault cases that are filed by people making false accusations. An actual domestic assault that occurs can typically go unreported by the assaulted party and are normally reported by a third-party witness. In other words, domestic assault cases can be difficult and messy in the criminal justice system.

Accused of Assault? Contact an Attorney.

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DOMESTIC ASSAULT LAW

In Texas, you commit the offense of domestic assault/violence if you:

  • intentionally, knowingly, or recklessly causes bodily injury to another person

  • intentionally or knowingly threatens another person with imminent bodily injury, or

  • intentionally or knowingly causes physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.


This is essentially the same as committing a simple assault. An assault charge is considered domestic violence if the victim is a family member, former spouse, parent of your child, or someone with whom you have a romantic relationship.

DOMESTIC ASSAULT PUNISHMENT RANGES

Domestic violence is a Class A misdemeanor. The range of punishment is a fine not to exceed $4,000 and/or up to a year in jail.

If you have a prior domestic violence conviction or charge, the charge could be enhanced to a third-degree felony if committed within 12 months of the prior conviction or charge. The range of punishment is a fine not to exceed $10,000 and/or 2 to 10 years in prison.

A domestic assault charge can also be enhanced to a third-degree felony if there is an allegation of impeding breath. For example, being accused of choking the person.

Domestic violence has additional penalties attached to a conviction. For one, you cannot posses a firearm for up to five years from the discharge of your sentence or community supervision (probation). As a result, this type of charge can have serious consequences for a person who is employed in the military or law enforcement and can cause a person to lose their professional licenses. Non-residents convicted of domestic violence can be denied permanent residency or could be deported.

If you find yourself dealing with a domestic violence charge, please contact our office for more information on how we can help you with your case.