Assault Charges: Understanding the Degrees and Defense Options

What Constitutes Assault in Texas?

According to the dictionary, an assault is a physical attack on someone or something. Under the Texas Penal Code, Title 5, Chapter 22. Assaultive Offenses, assault occurs when an individual:

• Intentionally, knowingly, or recklessly causes bodily injury to another person;
• Threatens someone else with imminent bodily harm; or
• Knowingly or intentionally causes physical contact with another person who should reasonably consider that contact provocative or offensive.

Assault is included in the violent crimes category. Even the least serious degree of this offense carries severe penalties, including jail time and fines.

What Are the Different Degrees of Assault Charges in Texas?

Like other violent crimes, assault is a serious offense. Depending on the specific circumstances, it may be charged as either a misdemeanor or a felony, in different degrees, as follows:

• Class C misdemeanor: When an assault caused no bodily injury or harm, it may be charged as a Class C misdemeanor. This offense is punishable by a fine of up to $500. Although criminal penalties are relatively minor, an assault conviction on your record can significantly impact your future prospects for employment, housing, education, and other opportunities.
• Class A misdemeanor. In this degree, the crime is commonly known as simple assault. It occurs when assault causes physical harm or when the offender threatens to and intends to cause bodily injury. Penalties for simple assault include a jail term of up to one year, a fine of up to $4,000, or both.
• Third-degree felony: Assault may be charged as a third-degree felony when it involves choking a family member, causing harm to emergency services personnel, a security officer, or a public servant, or when the defendant has a prior conviction of family violence. This crime is punishable by a mandatory minimum sentence of two years, up to 10 years in prison, a fine of up to $10,000, or both.
• Second-degree felony: Aggravated assault is charged as a second-degree felony. Aggravating factors include the use of a deadly weapon in the commission of the crime and serious bodily injury to another person. As a second-degree felony, aggravated assault carries a prison term of two to 20 years and a fine of up to $10,000.
• First-degree felony: When certain factors are present, aggravated assault may be charged as a first-degree felony. Those factors include causing severe bodily injury to a public servant or a family member. First-degree felony aggravated assault is punishable by five to 99 years or life in prison and a fine of up to $10,000.

What Are the Possible Legal Defenses Against Assault Charges?

Our skilled criminal defense attorney can craft a defense strategy tailored specifically to the circumstances of your case. Possible legal defenses against assault charges include:

• Lack of intent: If you had no intention to cause harm or fear, you did not commit the crime of assault. The prosecution must prove that you intentionally, knowingly, or recklessly caused an injury to convict you. If the harm was caused through an accident or a mistake, it is not assault.
• Consent: If the injured party consented to the actions that led to the assault, those actions were not unlawful. This defense may apply in sports or other physical activities to which the alleged victim consented.
• Self-defense: This among the most common defense against assault charges. It is not assault if you used force against another person in reasonable fear of imminent bodily harm. For self-defense to be effective, however, the defendant must not have provoked or instigated the altercation, and the use of force must have been in proportion to the actual or perceived threat.
• Defense of others: The law allows using force to protect others from imminent bodily harm. You must have reasonably believed that the other person was in danger and that the use of force was necessary to protect them.
• Alibi: If you can prove you were elsewhere at the time the crime was committed, you may assert an alibi defense against assault charges.
• False accusations: If evidence of credibility issues or motive to bring false accusations against you exists for the alleged victim, you may argue that the allegations are exaggerated or entirely false.

What Are the Consequences of an Assault Conviction in Texas?

A conviction of assault can have serious long-term consequences that can significantly impact your life. In addition to potential jail time and fines, a conviction could mean:

• Mandatory treatment or counseling, such as anger management or a substance abuse program
• Probation or community supervision
• Restraining or protective order in cases of domestic violence
• Permanent criminal record, which can negatively impact employment, education, and housing options, as well as other aspects of life
• Loss of civil rights: Convicted felons are prohibited from possessing firearms under Texas and federal law. A felony assault conviction could also affect voting rights and eligibility for public benefits and certain professional licenses.
• Immigration issues: Non-citizens convicted of assault may face immigration consequences, such as deportation, denial of visa or naturalization applications, and inadmissibility.

Do You Need an Experienced Texas Criminal Defense Lawyer?

If you are facing assault charges in Texas, the importance of hiring an experienced criminal defense attorney to represent you cannot be overstated. At Enrique Ramirez Law, PC, we have more than 33 years of experience. Our legal team has the knowledge, skills, and resources to protect your rights, conduct a thorough investigation, build a strong defense, negotiate effectively with the prosecution, and argue every applicable defense against the charges in court. Contact us today for a free consultation with an experienced criminal defense lawyer at 713-649-3100.