An Overview of Assault in Texas
In Texas, an individual may be charged with either felony or misdemeanor assault. An assault occurs when:
- An individual recklessly or intentionally causes an injury or physical harm to another person;
- An individual intentionally threatens another person with physical harm; or
- An individual intentionally makes physical contact with another person in a manner that is offensive or provocative.
Misdemeanor Assault
In Texas, misdemeanor assault is divided into the following categories:
- Class A misdemeanor assault: A person commits Class A misdemeanor assault when he or she causes bodily injury to another person without other aggravating factors present or makes physical contact with an elderly person in a manner that is offensive or provocative. This charge can result in up to one year in jail and a fine of up to $4,000.
- Class B misdemeanor assault: A person commits Class B misdemeanor assault when he or she physically provokes or threatens a sports participant. This charge can result in up to 180 days in jail and a fine of up to $2,000.
- Class C misdemeanor assault: A person commits Class C misdemeanor assault when he or she touches someone in an offensive or provocative manner or threatens another person with harm or injury. This charge can result in a fine of up to $500.
Felony Assault
In Texas, felony assault is divided into the following categories:
- First-degree felony assault: A person commits first-degree felony assault when he or she commits aggravated assault (assault resulting in serious injury or with the use of a weapon) against certain classes of individuals, including public officials, witnesses, and informants. This charge can result in up to life in prison and a fine of up to $10,000.
- Second-degree felony assault: A person commits second-degree felony assault when he or she commits aggravated assault or a Class C misdemeanor with a deadly weapon. This charge can result in up to 20 years in prison and a fine of up to $10,000.
- Third-Degree felony assault: A person commits third-degree felony assault when he or she commits assault against certain classes of individuals, including family members and certain public officials. This charge can result in up to 10 years in prison and a fine of up to $10,000.
Texas Criminal Defense Attorney
Due to the severity of the consequences, legal representation is imperative when facing criminal charges in Texas. Therefore, if you’re facing criminal charges in Texas, it’s important that you engage the services of an experienced Texas criminal defense attorney in order to achieve the best possible results in your case. Since 1995, I have successfully defended clients against all types of misdemeanor and felony charges. My team has a proven track record of winning acquittals at trial, and we also frequently have our clients’ charges dismissed or reduced. In addition, when a case results in a conviction, we are always ready and willing to appeal the decision. Throughout the years, I have developed strong relationships with local and state law enforcement, prosecutors, judges, and court personnel, and I represent clients throughout the state of Texas. If you are facing criminal charges of any kind, please contact Phil Baker P.C. for a consultation as soon as possible.
Posted in: Criminal Defense
