Assault Laws in Texas: A Comprehensive Guide

Assault charges in Texas are very serious, and Texas assault laws have specific penalties for those who are charged with assault and then convicted. Understanding what assault in Texas is defined as can help those charged with these crimes realize what penalties or consequences they may face.

An experienced criminal defense attorney can work with those who have an assault or aggravated assault charge and move through the legal process with them. They can also help the accused avoid the most severe penalties.

Sparks Law Firm has been working with those charged with criminal offenses in Fort Worth for years, including those dealing with assault cases. They can provide insight on assault vs battery in Texas.

Understanding Assault in Texas

In the state of Texas, the offense of assault is outlined in Texas Penal Code §22.01. There are three different ways that a person can commit the crime of assault:

Causing Bodily Injury

If a person causes bodily harm to another person intentionally, if they know they are going to harm the other person, or if they begin recklessly causing bodily injury, they can be charged with assault.

Threatening Bodily Injury

A person does not need to make physical contact with another to be charged with assault under Texas law. Just the threat of serious bodily harm is enough to bring charges.

Offensive or Provocative Contact

Those who intentionally make contact with another person in an offensive or provocative way can also be charged with assault.

Classifications and Penalties for Assault Charges in Texas

Assault in Texas is divided into two main categories: simple assault and aggravated assault.

Simple assault involves less serious harm or threats. Aggravated assault involves serious physical harm or use of a deadly weapon and carries much harsher penalties.

Simple Assault Cases

Texas Penal Code Section §22.01 defines simple assault as:

• Causing minor bodily injury to another person.(Example: Punching someone and causing a bloody nose.)

• Threatening someone with imminent bodily harm can constitute assault. A person doesn't have to actually touch another to be charged with simple assault. (Example: two people get in a fight, and one of them threatens the other with a phrase like, "I'm going to punch you if I ever see you again.")

• Touching someone in an offensive or provocative way. (Examples: Spitting on someone, pushing someone's shoulder, or grabbing someone's arm)

Penalties for Simple Assault Charges

For a simple assault charge, the crime can range from a Class C misdemeanor assault to a Third Degree felony assault.

In general, a Class C misdemeanor is for threatening imminent bodily injury or offensive physical contact. Most of the time, a fine is handed down, but it can be expensive; up to $500.

A Class A misdemeanor is for actual injuries. Those who are charged with this type of crime could get up to one year in jail and/or a very hefty fine of up to $4,000.

If the crime would generally be considered a simple assault, but it involves certain victims, such as a family member or a police officer, the charges could become a third degree felony.

There is also a Class B misdemeanor, but it is a rare charge that is typically only used when a person assaults another who is a sports participant (like a player, coach, or referee) during or because of a performance in a sporting event.

A criminal defense lawyer can help to ease or lessen these penalties and possibly keep them off of a permanent criminal record. If you’re facing assault charges, our criminal defense law firm in Fort Worth might provide expert guidance and defense strategies to help mitigate the potential consequences.

Aggravated Assault Cases

Texas Penal Code Section §22.02 defines aggravated assault as a more serious form of assault that involves either serious bodily injury or the use of a deadly weapon.

• Serious Bodily Injury - This is defined as an injury that creates a deadly force or causes death, serious permanent disfigurement, or long-term loss/impairment of a body part or function.

• Deadly Weapon - Texas law defines a deadly weapon as firearms, knives, or any object used in a way that can cause death or serious injury.

Penalties for an Aggravated Assault Charge

Though probation is a possibility for an aggravated assault charge, an experienced attorney is necessary to help the accused navigate these charges and come up with a very strong defense. In most cases, an aggravated assault is classified as either a second degree felony or a first degree felony.

Second Degree Felony Aggravated Assault

Examples of a second degree felony aggravated assault include:

• A man stabbing someone during a fight, causing serious but non-fatal injuries.

• Someone uses a bat to beat another person during an argument, resulting in broken bones.

• A person points a loaded gun at someone while demanding their wallet, but doesn’t fire.

• During a road rage confrontation, one driver strikes another in the face with a tire iron.

A second degree felony assault conviction comes with a prison sentence of 2 to 20 years, and a fine of up to $10,000. This is how most felony assault charges in Texas are categorized.

First Degree Felony Aggravated Assault

A first degree felony assault charge is usually a second degree charge that has been elevated due to the identity of the victim or situation. For instance, if the victim is a public servant, a family member, a security officer, emergency services personnel, dating partner, or witness to a crime, the charge can become elevated.

Examples of a first degree felony aggravated assault include:

• A person stabs a police officer who is making an arrest.

• An individual hits their spouse with a gun during a domestic argument, causing serious injury.

• Someone assaults a person who testified against them in court, breaking their arm.

• A man fires a gun at a store security guard while fleeing a theft, injuring the guard.

• An EMT is attacked with a knife while treating a patient in an emergency.

A first degree felony comes with a prison sentence of 5 years to life imprisonment and a fine of up to $10,000.

Those who are facing alleged assault charges should get legal representation from one of the assault lawyers from Sparks Law Firm as soon as possible.

Common Defenses to Avoid a Serious Assault Conviction

Assault charges come with severe consequences, and it's very important that anyone facing these charges have a skilled attorney working with them. Here are some of the common defenses that a law office might use for a more favorable outcome:

• Self-defense - A self-defense defense is one option that can be considered, especially if there was a physical altercation and physical evidence, like defense wounds, on the accused's body.

• Defense of others - Another possible defense against these criminal charges is claiming that the accused individual was protecting someone else from harm.

• Lack of intent - Showing that the act was an accident, and not intentional, is another common defense.

In addition to these, there are several defenses that a qualified attorney might suggest as they look at and examine a case.

Navigating the legal system is difficult, and legal assistance is required. Those facing assault charges have defense options, but they also must understand the potential consequences and potential penalties of the charges.

A good attorney and law firm, like Sparks Law Firm, can help get a lesser charge, a plea deal, or even get such charges dismissed. Get a free consultation, today.