3 Examples of Assault Under Texas Laws

 Posted on December 26, 2024 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.

Do I Need a Lawyer for Assault Charges? 

An attorney can be very helpful if you are facing assault charges in Texas. Assault charges can be minor or serious, depending on what happened, whether a weapon was involved, or if someone was hurt. An attorney will look at the evidence, talk to witnesses, and find problems in the case against you. They can work with the prosecutors to lower the charges, ask for lighter punishments, or even try to get the case dropped if possible. Sometimes, prosecutors present cases aggressively, hoping for a plea bargain. But when an attorney examines the evidence, there may not be much to back up the case. 

If your case does go to trial, an attorney will defend you by presenting evidence in your favor and arguments to challenge the charges. Having a lawyer ensures that you understand what you are accused of, what could happen, and the best way to protect your future.

Legal Defenses for Assault Charges

There are several possible legal defenses against assault charges, depending on the circumstances of the case. One common defense is self-defense, where the accused claims they acted to protect themselves from harm. In Texas, self-defense is a valid argument if the accused reasonably believed they were in danger and used only the force necessary to protect themselves. 

Defense of others or property may also be a valid argument, depending on the situation. Another potential defense is lack of intent, where the accused did not mean to harm the other person. This could result in reduced or dismissed charges. 

Additionally, an attorney might argue mistaken identity if there is not enough evidence to prove the person accused committed the assault. An attorney might show inconsistencies in witness statements to weaken the prosecution’s case. Every case is unique, and a skilled attorney can tailor the defense strategy to fit the facts and circumstances.

Should I Take a Plea Bargain if I Have Been Charged with Assault? 

A plea bargain is an agreement with the prosecution where the accused pleads guilty to a lesser charge or accepts a reduced sentence in exchange for avoiding trial. While a plea deal can offer benefits like avoiding the stress and uncertainty of a trial, it also means giving up the chance of being found not guilty. 

Deciding whether to take a plea bargain when facing assault charges is a decision that should be made carefully and only with the guidance of an experienced attorney. The right choice for your situation depends on the evidence against you, your criminal history, the potential penalties you face if you are convicted at trial, and the specific terms of the plea offer. 

An attorney is necessary to help you evaluate the pros and cons of accepting the plea deal, negotiate for better terms, and decide whether fighting the charges in court might result in a better outcome.

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.