3 Examples of Assault Under Texas Laws

 Posted on June 19, 2023 in Criminal Defense

There are a variety of situations in which a person may be charged with the offense of assault. While most people think of assault as actions in which someone intentionally injures someone else, there are a variety of other types of actions that could also be considered assault. In Texas, assault is a serious criminal charge that can result in multiple types of penalties if a person is convicted. By understanding how the state's laws address this offense, and by working with an experienced criminal defense attorney, those who are accused of assault can determine their options for handling these charges.

Definition of Assault in Texas

Texas law identifies three forms of assault:

• Intentionally causing someone to suffer a bodily injury. For example, if someone has encountered ongoing conflicts with another person, sees them walking down the street, approaches them from behind, and attacks them with punches and kicks, resulting in cuts, bruises, and other forms of bodily harm, this would likely be considered assault resulting in bodily injuries. This form of assault is charged as a Class A misdemeanor in most cases. If a person is convicted of Class A misdemeanor assault, they could be sentenced to up to one year in jail and fined up to $4,000.

• Threatening to physically injure someone. In general, making threats against someone else is a Class C misdemeanor. However, when threats are made against a person participating in a sports event, including a player, coach, or official, this offense may be charged as a Class B misdemeanor, and a conviction may lead to a sentence of up to six months in jail and a maximum $2,000 fine. For example, if a parent was attending their child’s baseball game and became angry at the umpire for making a bad call, and they shouted at the person stating that they would meet them in the parking lot after the game and beat them up, these statements could result in Class B misdemeanor charges for assault involving threats.

• Making offensive physical contact. A person could potentially be charged with assault if they intentionally come into contact with someone else through actions that the other person would reasonably believe to be offensive or provocative. While this form of assault is usually charged as a Class C misdemeanor, an offense may be elevated to a Class A misdemenor if contact was made with an elderly or disabled person. For example, a person walking down a sidewalk may feel that an elderly person who uses a cane is walking too slowly and blocking their path, and they may shove the other person and knock them off their feet. Even if this incident did not result in a serious injury, it could be considered Class A misdemeanor assault if the elderly person felt that the shove was an offensive act.

There are other circumstances where assault may lead to increased charges. Assault resulting in injury to a police officer or other public servant may be charged as a third degree felony, which may lead to a prison sentence of two to 10 years and a maximum $10,000 fine. Aggravated assault charges may apply if a person allegedly used a deadly weapon or inflicted serious injuries. This offense will often be charged as a second degree felony, and a conviction may result in a sentence of between two and 20 years. Intentionally injuring a child, an elderly person, or someone with a disability may result in first degree felony charges, and a person who is convicted may be sentenced to between five and 99 years.

Contact Our Dallas Assault Charges Lawyers

If you are facing assault charges in Texas, it is important to understand the specific nature of the accusations against you and the potential penalties you may face if you are convicted. At The Crowder Law Firm, P.C., our experienced Collin County assault defense attorneys can provide invaluable assistance in these matters. Whether you need help fighting a misdemeanor or felony assault charge, our lawyers will work diligently to ensure that your rights will be protected while providing sound advice on how you can resolve your case successfully. Contact our office today at 214-544-0061 to set up a free consultation and learn how we can help you defend against these serious charges.

Sources:

https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm

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