The word “assault” can be used to describe many different situations. The full legal definition, under Texas law, is long and complicated.
One important thing to understand is that assault charges can be either a misdemeanor or a felony. Felony charges can lead to harsher punishments, including prison sentences of a year or longer. The many circumstances of the situation can all affect which way the charges go.
Let’s dive into the details on what assault is and what makes an offense a misdemeanor versus a felony.
The Basics of Assault
There are three types of behavior that form the basis of assault charges in Texas. A person commits assault if they:
- Intentionally, knowingly or recklessly cause bodily injury to another.
- Intentionally or knowingly threaten another with imminent bodily injury.
- 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.
Assault does not require physical contact between the perpetrator and the victim. Even threats can lead to assault charges, including felony assault charges, under certain circumstances.
Misdemeanor Assault
Misdemeanors are considered less serious than felonies, but that doesn’t mean you can afford to take a misdemeanor charge lightly. A Class A misdemeanor in Texas can be punished by up to one year in county jail, a fine of up to $4,000 or both.
If you’re charged with misdemeanor assault, you need to speak to an experienced criminal defense attorney as soon as possible. One possible defense is mutual combat, such as when both parties consented to a fight.
Every criminal case is unique. Still, what you’d consider an ordinary assault case, where some degree of bodily injury occurred, can lead to Class A misdemeanor charges. This can be anything from a bar fight or domestic dispute to elder abuse or a road rage incident.
Felony Assault
The difference between misdemeanor assault and felony assault depends on the severity of the harm, the identity of the victim, the past behavior of the person accused and other elements involved in the assault. The evidence used in the charge should affect this as well.
Assaults against family members can be charged as felonies. In addition, assaults against public servants discharging their official duties can be charged as felonies.
In many cases, the difference between a misdemeanor charge and a felony charge is how much damage is done. An assault that leads to some degree of bodily injury may be ruled a misdemeanor. However, an assault leading to serious bodily injury is likely to be ruled as felony aggravated assault.
Another element that raises a misdemeanor to a felony is the use or exhibition of a deadly weapon during the assault. Repeat offenders can also be charged with felony assault under circumstances that would otherwise lead to misdemeanor charges
Contact a Texas Assault Attorney Today
At Lee & Wood, GP, our lawyers have extensive experience defending people against assault charges in Texas courts. Call our firm today at 817-678-6771 or Contact us today to get started.