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.
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 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.