Whether you simply weren’t thinking clearly, had a little too much to drink, or accidentally inflicted harm on another person, assault charges can lead to harsh penalties, including jail time. Understanding your rights under the law is paramount to defending your hard-earned reputation and avoiding the life-changing consequences of a criminal conviction.
How Is Assault Defined in Texas Criminal Law?
Assault is a crime codified in Texas Penal Code § 22.01. State law defines “assault” as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily harm, or physically contacting someone in a provocative or offensive manner.
While it’s common to associate assault with fistfights and physical attacks, it’s imperative to understand that “assault” extends to a wide range of behaviors, including acts that don’t involve physical touch.
In other words, you don’t have to make physical contact with another person to face assault charges.
Types of Assault Offenses
There are several types of assault recognized under state law, each with its own set of criteria and potential penalties. These include:
- Simple Assault: This is the most basic assault offense. It involves intentionally or recklessly causing physical harm to another person.
- Aggravated Assault: This offense is more serious than simple assault. It involves using a deadly weapon or causing serious bodily injury to another.
- Sexual Assault: This crime involves sexual contact or penetration without consent, such as rape and molestation.
- Domestic Violence Assault: This occurs when assault is committed against a family or household member, such as an intimate partner or spouse.
Understanding the type and nature of the charges against you is essential to avoiding the life-altering consequences of a conviction, making it crucial to seek sound counsel from a skilled defense attorney as soon as possible.
Is Assault a Felony or a Misdemeanor in Texas?
Depending on the unique circumstances of the crime, defendants can face either misdemeanor or felony charges for assault. The penalties of a conviction will vary based on the type of offense. These include:
Class C Misdemeanor Assault
Assault without physical harm or bodily injury to another is typically charged as a Class C misdemeanor, including threats or “assault by contact” (touching another person in a provocative or offensive manner). This type of assault is considered the least severe due to the lack of serious bodily harm and the use of a deadly weapon.
Penalties include up to $500 in fines.
Class B Misdemeanor Assault
Assault committed against a sports participant is considered a Class B misdemeanor. Under Texas Penal Code § 22.01(c), this occurs when someone physically attacks a player, referee, umpire, or other sports participant 1.) while the participant is performing duties or responsibilities in the participant’s capacity as a sports participant or 2.) in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.
The penalties for a Class B misdemeanor assault conviction include imprisonment for up to 6 months and/or $2,000 in fines.
Class A Misdemeanor Assault
Class A misdemeanor assault is the most serious type of misdemeanor for assault. It occurs when a person commits physical harm against another, as well as any assault against a disabled or elderly person, regardless of physical harm.
Penalties include up to 1 year in jail and/or $4,000 in fines.
Felony Assault in the Third Degree
Third-degree assault is the least severe type of felony assault offense. It occurs when a person physically harms a family member, pregnant woman, public servant, emergency services personnel, or security officer.
Penalties include up to $10,000 in fines and/or 2-10 years in prison.
Felony Assault in the Second Degree
Also known as “aggravated assault,” second-degree assault is a serious felony offense involving simple assault against a peace officer or judge, or assault with a deadly weapon.
Penalties include 2-20 years in prison and/or up to $10,000 in fines.
Felony Assault in the First Degree
First-degree assault is the most serious type of offense. It occurs when a person commits an aggravated assault against a security officer, criminal witness, public servant, informant, or someone who reports a crime.
Penalties include 5 years to life in prison and/or up to $10,000 in fines.
Defending Against Assault Charges
Regardless of the severity of the charges against you, partnering with a trusted defense lawyer is essential to protecting your rights and avoiding the harsh penalties of an assault conviction. Your attorney can defend your future and freedom by evaluating the evidence against you and employing an effective defense strategy on your behalf.
Some common legal defenses against assault charges include:
- Self-defense or defense of others: If you had no choice but to act in defense of yourself or others to prevent imminent harm, this may be a valuable defense to reduce or dismiss the charges against you.
- Insufficient evidence: The prosecution bears the burden of proof in criminal court, meaning they must present sufficient evidence to establish your guilt “beyond a reasonable doubt.” If the prosecutor lacks adequate evidence to meet this standard of proof, your lawyer can work to dismiss the charges.
- False allegations: If you didn’t commit the crime in question, your attorney can collaborate with you to establish a valid alibi on your behalf and prove your innocence.
Contact Our Harlingen Trial Lawyers for a Robust Defense
If you were charged with a crime in Texas, securing an experienced defense is crucial to avoiding hefty fines and imprisonment. No matter the type or severity of the charges against you, partnering with a seasoned attorney can mean the difference between freedom and incarceration.
At Ried Pecina Trial Lawyers, our Harlingen lawyers are committed to safeguarding your rights in the Lone Star State.
Our firm prepares every case for trial and has a reputation for providing aggressive representation in life’s toughest seasons, giving you peace of mind that your case is prioritized. Our attorneys are well-versed in the legal intricacies of criminal law to pursue the second chance you deserve.
We proudly defend the accused in Hidalgo County, Cameron County, and the surrounding areas.
Don’t throw away your reputation by failing to seek sound counsel! Call (956) 225-2509 to schedule a free consultation with our highly skilled litigators.