What Are the Criminal Consequences of Assault in Texas?

 Posted on April 24, 2020 in Criminal Defense

The term “assault” can mean different things depending on the situation. You may be picturing two men fighting while they are out with their friends, or maybe you are imagining a couple arguing and things going too far. As is the case with most criminal charges, assault charges can include a number of actions or intended actions. Understanding what is considered assault is important, since inflicting physical harm is not necessarily required. We have all had the experience of emotions running high and anger taking over our better judgment. Although most would not press charges for a heated argument, some may take your words or actions differently than you had intended, leading to serious charges that can label you as a criminal.

The Definition of Assault

There are three definitions that are included in the description of assault in the Texas Penal Code. The criminal offense of assault may involve the following actions:

1. The individual knowingly, intentionally, or recklessly causes physical harm to another person, including the individual’s spouse.

2. The individual knowingly or intentionally threatens to imminently physically harm another person, including the individual’s spouse.

3. The individual knowingly or intentionally causes physical contact with another person when knowing that the other person will find the actions provocative or offensive.

Assault is considered a Class A misdemeanor, which means that the guilty party could face up to $4,000 in charges and/or up to one year in jail. When reading the descriptions above, one can see that an experienced attorney’s help is necessary to avoid facing such charges. Because “threats of imminent harm” are included in this charge, it can be easy for a court to deem someone guilty even if he or she did not inflict any harm.

When Do These Charges Escalate?

As is true of most criminal charges, there are some scenarios that warrant a more serious charge and more serious consequences. There are a number of factors that can cause this Class A misdemeanor to increase to a third-degree felony, which includes 2-10 years in prison and/or up to $10,000 in fines. These factors include:

• The actions are committed against a public servant while he or she is on duty or in retaliation to decisions/actions he or she made while on the job.

• The actions are committed against a dating partner or spouse.

• The actions are committed against a security officer.

• The actions are committed against emergency personnel who are on the job.

• The actions are committed against a pregnant woman.

Contact a Karnes City Criminal Defense Lawyer 

Assault charges are taken very seriously by Texas law enforcement. Whether you are found guilty of a basic assault charge, or the charges escalate to a third-degree felony, you could face time behind bars and be ordered to pay significant fines. At BRCK Criminal Defense Attorneys, we are well-versed in Texas criminal laws, and we will help you build a defense strategy to avoid such consequences. Depending on the circumstances of your case, we may be able to reduce your charges or obtain a not guilty verdict. If you are facing assault charges, contact our skilled Karnes County assault defense attorneys at 830-769-1010 for a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm