Assault Charges in Texas: What You Need to Know

Assault charges in Texas encompass various offenses, each carrying distinct penalties and implications. Understanding these charges, their consequences, and potential defenses is crucial if you're facing such allegations. This article outlines the different types of assault charges in Texas and provides key information for navigating these serious accusations.

Types of Assault Charges in Texas

Simple Assault: A person commits an offense under this section if they intentionally, knowingly, or recklessly cause bodily injury to another person, including the person's spouse. Simple assault can also involve threatening another with imminent bodily injury or causing offensive or provocative physical contact. Assault causing bodily injury is usually a Class A misdemeanor in Texas. However, there are exceptions where it can be a Class C misdemeanor, such as when the physical contact did not result in serious harm.

Aggravated Assault: This charge applies when a person intentionally, knowingly, or recklessly causes serious bodily injury to another or uses a deadly weapon during the assault. Aggravated assault is typically a second-degree felony, but it can be elevated to a first-degree felony in certain circumstances, such as when the victim is a family member, public servant, or a person the actor knows is a peace officer or judge.

Deadly Conduct: A person can be charged with deadly conduct if they recklessly engage in behavior that places another in imminent danger of serious bodily injury. This includes discharging a firearm in the direction of individuals, a habitation, building, or vehicle. Deadly conduct can lead to severe penalties and long-term consequences.

Penalties for Assault Charges in Texas

Simple Assault: Classified as a Class A misdemeanor, simple assault can result in up to one year in jail and a fine of up to $4,000. In some instances, simple assault may be considered a Class C misdemeanor, punishable by a fine of up to $500 if the physical contact did not result in serious harm. If the assault involves a public servant, security officer, or emergency services personnel, the penalties can be more severe.

Aggravated Assault: This offense is usually a second-degree felony, carrying a potential prison sentence of 2 to 20 years and a fine of up to $10,000. If the victim is a family member, public servant, or a person the actor knows is a peace officer or judge, the charge can be elevated to a first-degree felony, with a potential prison sentence of 5 to 99 years or life and a fine of up to $10,000.

Deadly Conduct: Reckless conduct that places another in imminent danger of serious bodily injury is a Class A misdemeanor, while discharging a firearm is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

Key Terms and Definitions

22.01 a 1 charge: Refers to the Texas Penal Code section outlining assault offenses.

Serious Bodily Injury: Injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Person the Actor Knows: Refers to a person whom the perpetrator is aware of or has a specific relationship with, such as a family member or public servant.

Imminent Bodily Injury: Threats or actions that create an immediate risk of harm.

Intentionally, Knowingly, or Recklessly: Different levels of mental states required to establish various assault charges.

Bodily Injury: Physical pain, illness, or any impairment of physical condition.

Assault Causing Bodily Injury: A specific term referring to assaults that result in physical harm to the victim.

Class B Misdemeanor: A less severe classification of misdemeanors that can result in up to 180 days in jail and a fine of up to $2,000.

Class C Misdemeanor: The least severe classification of misdemeanors, typically resulting in fines up to $500.

Class A Misdemeanor: A more severe classification of misdemeanors, punishable by up to one year in jail and a fine of up to $4,000.

Deadly Weapon: An object used or intended to be used to inflict death or serious bodily injury.

Building a Defense Against Assault Charges

If you are facing an assault charge in Texas, it is important to build a strong defense. Working with an experienced attorney can help develop an effective defense strategy. Our Austin assault attorneys can help present evidence, such as witnesses or video footage, in your favor.

Self-Defense: Understanding self-defense laws in Texas is critical when facing assault charges. Texas law allows individuals to use force, including deadly force, to protect themselves against threats of imminent bodily injury or serious bodily injury. Self-defense can be a legal justification if you can demonstrate that your actions were necessary to prevent harm to yourself or others.

Other Defenses: Additional defenses might include lack of intent, insufficient evidence, consent, and mistaken identity. Each defense requires a thorough examination of the facts and circumstances surrounding the incident. An experienced attorney can help identify the best defense strategy for your case.

Seeking Legal Assistance for Assault Charges in Texas

If you have been charged with an assault-related offense in Texas, it is important to seek legal assistance from an experienced attorney. An attorney can help build a defense strategy that best suits your situation and may be able to reduce or dismiss the charges against you.

Conclusion

The consequences of being convicted of an assault charge can be severe, and it is essential to understand the laws and penalties in Texas. With the help of a qualified attorney and careful consideration of your unique circumstances, you can navigate the criminal justice system and protect your rights. By taking proactive steps to build your defense and understanding the state laws, you can protect yourself and your future.

Q & A

What happens when an offense is committed under subsection 22.01 of the Texas Penal Code, and how is the Texas Civil Commitment Office involved?

When an offense under subsection 22.01 of the Texas Penal Code is committed, it refers to various assault charges, including causing bodily injury, threatening imminent bodily injury, or making offensive physical contact. The Texas Civil Commitment Office is not typically involved in these assault cases. The TCCO primarily handles the management and supervision of sexually violent predators after their prison sentences, rather than assault cases under subsection 22.01.