Texas Assault Offenses
Montgomery County Assault Attorneys
Defending Clients in Montgomery County and Surrounding Counties
Criminal charges involving an assault are very serious cases and are treated accordingly by Texas courts and prosecutors. An assault includes a physical attack but it can also include actions that are not physical. For example, a person can be charged with assault for making a threat or displaying a firearm. It is important to have an attorney who knows how to handle this type of case and how to best prepare a defense.
What is an assault in Texas?
Felony Assault
Texas defines assault under Chapter 22 of the Penal Code. An assault can occur in the following ways:
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By intentionally, knowingly, or recklessly causing bodily injury to the alleged victim, including a spouse
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By intentionally or knowingly threatening the alleged victim with imminent bodily injury, including a spouse
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By intentionally or knowingly causing physical contact with the alleged victim when you knew or should reasonably have understood that the contact would be viewed as offensive or provocative
Simple assault is generally charged when the alleged victim has suffered no injuries or only minor injuries. When an assault causes an alleged victim to suffer a serious bodily injury or a deadly weapon is used or exhibited during the assault, then the person could be charged with felony aggravated assault.
A misdemeanor assault charge can range from a class C misdemeanor, which is punishable by up to a $500 fine to a class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine, to a class A misdemeanor punishable by up to 1 year in the county jail and a $4,000 fine. Further, if the alleged victim is a family member or lives with you, an assault charge can also carry enhanced felony punishment risk in the future and consequences regarding your ability to possess a firearm.
Assaulting someone in a protected class that results in injury can raise the raise the charge to a felony. This means that if you assault a police officer, firefighter, other public servants, a pregnant woman, or are found to have repeatedly assaulted a family member in domestic violence, you can face time in prison. A third degree felony punishment range can include a minimum of two and up to a maximum of 10 years in prison and up to a $10,000 fine.
Aggravated assault also involves causing serious bodily injury to the victim or using or exhibiting a deadly weapon that can lead to such injury. These crimes are charged as second-degree or first-degree felonies based on the circumstances of the event. A second-degree felony assault is punishable by two to 20 years in prison and a fine of up to $10,000. A first-degree felony assault is punishable by up to life in prison and a fine of up to $10,000.