Simple vs. Aggravated Assault in Texas

People who have been charged with assault in Texas must understand the difference between simple assault and aggravated assault charges. Both of these are serious offenses, but the penalties, circumstances, and consequences greatly vary.

For instance, misdemeanor assault charges are generally less severe and may not have penalties that will affect the rest of a person's life. However, a felony charge, like aggravated sexual assault, can put someone in prison for decades or even life.

Texas law isn't always easy to understand, so those facing charges should contact a criminal defense attorney from Sparks Law Firm to make the process easier and to start building a defense. They can give insight on domestic violence vs assault in Texas.

Understanding Simple Assault and Aggravated Assault

The Texas Penal Code §22.01 states that a person has committed assault if they do any of the following:

• Causing bodily harm to another person

• Threatening serious bodily harm or imminent bodily injury

• Makes physical contact with someone that others might find to be provocative or offensive

Based on Texas assault laws, it's possible to be charged with simple or aggravated assault even if the accused does not cause physical harm or only causes minor injuries.

More Information About Simple Assault

Simple assault is the lesser charge of the two, but it's important to realize that these are still criminal charges. Typically, simple assault charges involve minor injuries, verbal threats, or unwanted contact.

Examples of Simple Assault

Here are some common examples of simple assault:

• Shoving someone while arguing with them

• Slapping someone without causing serious injury

• Verbally threatening someone with serious harm

• Making offensive or provocative physical contact, such as poking someone in the shoulder during an argument

Simple Assault - Common Penalties

In most cases, a simple assault conviction will not lead to jail time, but there is a possibility. These are also generally misdemeanor charges, but in some cases they can be elevated to a felony.

Class C Misdemeanor

No bodily injury, but there may be threats of severe injury or offensive contact. The penalty is typically a fine, but it can be up to $500.

Class B Misdemeanor

A Class B misdemeanor is a rare charge, and it only applies in cases where the assault occurred during a sports match or game and it was towards a sports participant. This is punishable by up to 180 days in jail and up to a $2,000 fine.

Class A Misdemeanor

In this case, a person commits assault and bodily injury occurs. Penalties include up to one year in jail and fines up to $4,000.

There is also a possibility that a misdemeanor that would typically be a simple assault could be elevated to a third degree felony. This happens if the victim is a public servant, like a police officer/security officer, or a family member, elderly person, or security guard. This comes with much harsher penalties.

More Information About Aggravated Assault Charges

In Texas, aggravated assault means that there has been serious bodily injury to another person and/or the use of, or threat of, a deadly weapon. In most cases, if someone was recklessly causing bodily injury, it is considered aggravated assault.

Examples of Aggravated Assault

• Hitting someone with a baseball bat, causing broken bones.

• Shooting or stabbing another person intentionally.

• Assaulting someone during a robbery while brandishing a weapon.

• Causing long-term or permanent injury to another person.

Penalties for Aggravated Assault

There are two main charges that are typically brought to those who are charged with aggravated assault: second degree felony, which is 2 to 20 years in prison and significant fines up to $10,000, or first degree felony, which is 5 to 99 years in prison, possibly life, plus fines up to $10,000. Enhanced penalties may also be applied.

The Key Differences Between Simple and Aggravated Assault

There are some key differences between simple and aggravated assault:

In most cases, simple assault does not have injuries involved, and if they do, the injuries are minor. There is no weapon involved, and the person could get a misdemeanor charge, but there are exceptions where it could be elevated to a third degree felony. For a misdemeanor, the maximum penalty is up to a year in jail, and fines of up to $4,000.

For an aggravated assault, there are severe consequences. The victim sustains serious bodily injury and deadly weapons, such as a knife, firearm, or other object was used in the crime. These are always felony charges, and the maximum sentence is life in prison. Those with aggravated assault charges will have a permanent criminal record.

Defending Against Assault Charges in Texas

If someone does something that constitutes assault or commits assaultive offenses, legal guidance is a necessity. Reaching out to law offices, like Sparks Law Firm, for help is extremely important. A criminal defense attorney understands assault cases, and they can create a number of defense strategies to get the most favorable outcome for their client. Remember, a prosecutor has to prove, beyond a reasonable doubt, that the crime occurred.

Self defense is one option for those accused of assault. Another tactic is to prove that the assault occurred due to defending others. The prosecution must prove intent, so a defense attorney can create doubt to show that the client did not act intentionally, knowingly, or recklessly. A defense lawyer might also try to show that the assault was a fight, and that the alleged victim agreed to fight the accused. Finally, a false accusation defense or mistaken identity can be used, too, as long as the attorney can create doubt in the prosecution's story.

If none of that is an option, a plea bargain could be on the table, which can help the accused get a lesser sentence. For more information, our criminal defense law firm may be able to help.

Get Help From An Assault Criminal Defense Attorney

If a person is facing assault charges in Texas, whether for simple assault or aggravated assault, it’s essential to understand the stakes. The consequences can change their life forever. While simple assault may be a misdemeanor, even those charges can carry significant penalties. Aggravated assault, on the other hand, is always a felony and can lead to decades in prison.

The best chance at protecting a person's rights and future is to work with an experienced Fort Worth criminal defense lawyer who knows how to navigate Texas courts and fight for the best possible outcome. Reach out to Sparks Law Firm, today, for a free consultation.