Assault and Aggravated Assault

Assault

Assault is a charge involving violence and is taken very seriously by law enforcement, especially if a weapon was used or any injury was caused. The crime of assault can range from a felony to a misdemeanor depending on the circumstances.

Most people understand that if you hit someone and cause an injury you can be charged with assault. What most people do not know is that there are 2 other ways you can be charged with assault that require little or no physical contact.

Texas law provides you can be charged with assault if:

• If you intentionally, knowingly, or recklessly cause bodily injury to another, including your spouse. This is what most people understand when they think of an assault.
• If you intentionally or knowingly threaten another with imminent bodily injury, including your spouse. No physical contact is necessary. If the person you threaten has a reasonable fear you are about to cause them injury, you can be charged with assault.
• If you intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. This version requires no bodily injury and can be something as simple as you poking someone in the chest.

If you are charged with an assault that has resulted in bodily injury, as described in number 1 above, you could face a more serious charge and the charges can be further enhanced if the state proves:

• You committed the assault against a family member or someone with whom you are in a romantic relationship, and you have a previous domestic violence conviction;
• You committed the assault against a public servant or government contractor carrying out official duties or in retaliation for them doing their job; or
• You committed the assault against a security guard or emergency services worker while they were doing their job.

Aggravated Assault

An Assault becomes an Aggravated Assault if (1) the assault results in serious bodily injury or (2) a deadly weapon is used or exhibited during the commission of the offense.

Aggravated Assault is a second-degree felony that carries a range of punishment from 2 to 20 years in prison and up to a $10,000 fine and can be enhanced to a first-degree Felony, with a range of punishment from 5 to 99 years or life in prison and up to a $10,000 fine, if:

• If the actor uses a deadly weapon and causes serious bodily injury to a family member or person with whom they are in a romantic relationship; or
• If the aggravated assault was committed against a public servant, security guard, informant or in retaliation against a witness.

Defenses to Assault Charges

In Texas it is a defense to an assault charge if you had a reasonable belief your conduct was necessary to prevent someone from harming you or someone else or to prevent someone from unlawfully taking your property. We are experienced in defending all forms of assault cases.

If you have been charged with Assault or Aggravated Assault, contact us today to schedule a consultation.