Assault vs. Aggravated Assault in Texas

When someone is charged with assault in Texas, it can mean a number of different things. Understanding the difference between assault and aggravated assault is very important.

This is especially the case if a person or a loved one is facing a misdemeanor or felony offense.

Anyone who is facing assault charges should have a skilled criminal defense attorney by their side. They should also understand the key differences between simple and aggravated assault, as well as examples, consequences, and how Texas assault laws may come into play. They can explain assault vs battery in Texas.

What is Defined as Assault in Texas?

Texas Penal Code §22.01 defines assault as:

• Intentionally, knowingly, or recklessly causing bodily injury to another person. (Including the person's spouse)

• Threatening another person with imminent bodily harm

• Physical contact with someone in a way that is reasonably regarded as offensive or provocative.

It's important to keep in mind that assault doesn't necessarily involve physical contact. Just the threat of imminent bodily injury constitutes assault.

Examples of Assaultive Offenses

• Slapping or punching someone during an argument

• Shoving another person causing physical harm

• Yelling at someone in a threatening manner

• Grabbing someone in a way that causes discomfort or fear

Simple Assault Charges in Texas

Depending on the circumstances of the crime, a simple assault may be charged as:

Class C Misdemeanor

A Class C misdemeanor assault charge is the lowest level of assault charge in the state. It is classified as either assault by threat or assault by contact. Assault by threat is the act of threatening serious bodily harm without making contact with the alleged victim. Assault by contact is having physical contact with another person that is perceived as offensive or provocative.

Examples of a Class C misdemeanor assault include spitting on someone, poking someone in the chest, or pushing someone in a manner that may be seen as offensive, but it doesn't cause injury to the other person.

Class A Misdemeanor

A Class A misdemeanor is the more serious level of misdemeanor assault in Texas. It is defined as a type of assault causing bodily injury including illness, physical pain, or impairment of physical condition.

Examples of a Class A misdemeanor assault include punching or kicking someone, threatening serious injury, or making offensive physical contact. Indecent assault is also a Class A misdemeanor, and is defined as a lesser offense than sexual assault. Examples including unwanted kissing or inappropriately touching another person's buttocks. Touching someone's breasts without permission is also considered assault. (Class A Misdemeanor)

Felony Simple Assault

Though most of the time, under Texas law, simple assault is a misdemeanor, there are cases where it can be elevated to a third degree felony. For example, if a weapon is used during the assault, it can be considered a felony.

Simple assault can also be elevated to a felony if it is assault against a security officer, emergency medical services personnel, healthcare provider, correctional officer, police officer, or family member.

Finally, if a simple assault results in serious physical injury, the person can be charged with a felony.

There is also simple assault that is categorized as a Class B misdemeanor, but it typically is a rare charge and only used when a non-sports participant assaults a sports participant during a game or match.

Penalties for Simple Assault in Texas

In general , a Class C misdemeanor comes with a fine of up to $500. A Class A misdemeanor is more serious, thus these crimes come with a fine of up to $4,000 and up to one year in county jail. If the simple assault gets elevated to a third degree felony, the penalty is up to 10 years in jail and a fine of up to $10,000.

Of course, with this criminal defense attorney in Fort Worth, people accused with simple assault may have no jail time or only be required to seek counseling.

Aggravated Assault in Texas - What Is It?

The Texas Penal Code §22.02 defines aggravated assault as assault that causes serious bodily injury to another or uses a deadly weapon during the assault.

These charges are much more serious, and with felony charges, there are much harsher penalties.

Some examples of aggravated assault include:

• Beating someone with a baseball bat and causing broken bones

• Stabbing a person while fighting

• Pointing a firearm at another person and using verbal threats

• Causing permanent injury or disfigurement during an altercation

Serious bodily injury is often used as a term to describe the act when a person commits assault, and this means that the injury creates a risk of death, causes death, seriously disfigures someone, or causes limb loss or impairment.

A deadly weapon is defined as any object that can cause serious bodily injury. They include knives, firearms, or other objects.

Classifying Aggravated Assault

Aggravated assault is typically charged as a second-degree felony. However, it can be elevated to a first degree felony conviction in some cases, including domestic violence, aggravated sexual assault, or if the act causes serious harm to a public servant, witness, or family member/romantic partner.

Penalties for Aggravated Assault Charges

Aggravated assault is a serious criminal offense, and there are severe penalties. For a second-degree felony, the person can face up to 20 years in prison. If the aggravated assault is elevated to a first-degree felony, the person can get enhanced penalties, including life in prison, and fines of up to $10,000.

Understanding the differences here is very important, because they can dramatically affect potential penalties and any prison sentence that is handed down in a criminal case.

Defenses to Assault and Aggravated Assault Charges

Law offices have different ways to defend clients in assault cases. It's important for those who are charged with assault or aggravated assault to find a lawyer and discuss how to defend themselves against the charges. They can also discuss Self-defense vs Assault in Texas.

Some of the common ways that attorneys defend their clients include:

• Proving self-defense

• Proving that the client was defending another person

• Showing lack of intent

• Proving false accusations

• Proving mistaken identity

• Showing that no serious bodily injury occurred

• Proving that no deadly weapon was involved

Every assault and aggravated assault case is unique, and successfully defending clients depends on the facts of the case, the evidence that is available, and how effective and experienced the attorney is.

How an Assault or Aggravated Assault Conviction Can Affect Someone's Life

There is no doubt; a conviction for assault or aggravated assault in Texas can alter a person's entire life, even if they don't go to prison.

Some of the consequences of having a conviction like this on a criminal record include:

• Lack of employment opportunities

• Loss of professional licenses

• Loss of immigration status

• Loss of gun ownership rights

• Loss of custody or parental rights

Because of these consequences, it's imperative to work with a Fort Worth criminal defense lawyer. A good lawyer can help to minimize the impact of charges, and in some cases, they can be totally dismissed.

A Note About Family Violence

In Texas, if there is an assault against a family member, a member of the suspect's household, or a romantic partner, it is categorized as "family violence." In these cases, the penalties can also be more severe. In addition to this, the crime would be considered a first-degree felony, which carries the harshest possible punishments in the state, other than capital crimes.

What to Do if Charged with Assault or Aggravated Assault

For those facing charges of assault or aggravated assault, there are certain things that they must do to get the best possible outcome for their case.

First, it is important to remain silent. Do not speak with a police officer without a lawyer present. This is a 5th Amendment Constitutional right.

The next step is to contact a criminal defense attorney as soon as possible. The faster an attorney is on the case, the better the outcome can be.

It's also important to gather and save evidence. Even things like text messages, videos, photos, and witness information can be extremely important as a lawyer works to build a defense.

Finally, it's important to attend all hearings. It shows that the suspect is taking the charges seriously, and that they are willing to comply with the court.

Work with a Trusted Fort Worth Criminal Defense Lawyer

Understanding the differences between assault vs. aggravated assault in Texas is the first step in protecting yourself. The next step is securing experienced legal representation. As a Fort Worth criminal defense attorney with years of experience handling violent crime cases, the team at Sparks Law Firm knows how to challenge the evidence, question the witnesses, and build a strong, strategic defense.

Whether facing a misdemeanor assault or a serious felony aggravated assault charge, the legal experts at Sparks Law Firm is here to guide clients every step of the way. With confidential consultations and personalized defense strategies, the legal team puts clients first.

Contact Sparks Law Firm today for a free consultation.