If you’re facing an assault charge, it’s an exceptionally serious matter that could have a profound effect on your future. The better you understand the charge against you, the better prepared you’ll be to address the matter head-on. If you find yourself in this challenging situation, don’t wait to secure the trusted legal guidance of an experienced Killeen assault defense attorney.
How Is Assault Defined?
In Texas, assault is defined as any one of the following actions:
Intentionally, knowingly, or recklessly causing someone else to suffer bodily injury
Intentionally or knowingly threatening someone else with imminent bodily injury
Intentionally or knowingly coming into physical contact with someone else – when the accused knows or reasonably should know that the other person considers the contact offensive or provocative
In other words, the charge is broad and can apply under many different circumstances.
Can Telling Someone off Be Considered Assault?
If you “get in someone’s face” or otherwise verbally assault someone, it can qualify as assault if your words amount to a threat of imminent injury. A verbal argument can quickly escalate to threatening words, which can potentially lead to a verbal assault charge.
In Texas, it’s against the law to assault someone else physically or verbally, which means you can be held legally responsible for what you say to someone else. If your words have gotten you into trouble, consult with a Killeen criminal defense attorney.
What Happens If I’m Charged with Assault?
The circumstances of the incident and the severity of your charge will dictate what happens after you’re charged with assault in Texas. If the charge is a felony, you might be held in jail while your case is pending, or you may have the opportunity to post bail and remain free until the matter is resolved. For lesser charges, you may be issued a ticket with a notice to appear in court.
At your first court appearance (also known as an arraignment), you will be formally charged with the assault crime and will enter your plea, which will very likely be “not guilty.” If there isn’t enough evidence to proceed with a case against you, the prosecution could drop the charge, which brings the matter to a close.
If the charge is not dropped, your case will proceed to trial – unless you enter a plea deal or the charge against you is dropped at a later date.
Can the Assault Case against Me Be Dismissed?
The prosecution can dismiss assault charges when there is a good reason for doing so. The following kinds of circumstances are likely to support a dismissal:
Lack of Evidence
The prosecution may lack sufficient evidence to prove your guilt beyond a reasonable doubt. Reasonable doubt means that there is no reasonable explanation other than your guilt. If the prosecution doesn’t believe there is enough evidence to convict you, it may dismiss the assault charge against you.
Procedural Errors
The police or the prosecution may engage in procedural errors. For example, if the police gained evidence against you through an illegal search or seizure, the evidence may not be admissible, which could weaken the state’s case against you. Failure to read you your Miranda rights – or your right to remain silent and to have an attorney – upon arrest could have the same effect.
Self-Defense
If the prosecution concludes that you assaulted the other person as a means of protecting yourself – rather than intending to cause harm – it may dismiss the assault charge against you. For self-defense to apply, you cannot have provoked the other person’s violent outburst and must have responded with no more violence than was necessary to protect yourself.
It’s important to note that even if the assault charge against you is dismissed, the arrest will remain on your record. Under certain circumstances, you may be able to have an arrest expunged, and a trusted Killeen assault defense attorney can help make that happen.
What If My Accuser Drops the Charge?
The state brings assault charges against defendants, and their accusers have no say in the matter. This arrangement means that even if the person who originally accused you of assault changes his or her mind and wants the charge against you dropped, the matter is up to the prosecution.
If the prosecution believes it has a solid case against you, it will almost certainly proceed – with or without your accuser’s cooperation.
It is important to understand this concept. If someone accuses you of assault in the heat of the moment but thinks better of it once things calm down, the charge is still out there – and the person who accused you may not be able to reel it back in.
How Are Assault Charges in Texas Classified?
Assault charges in Texas are broken down into three basic categories. Discuss your charge with a Killeen criminal defense attorney to learn more about the implications for your case.
Simple Assault
Simple assault refers to either causing someone else to be harmed, threatening to harm someone, or coming into contact with someone in a provocative or offensive manner and without aggravating factors.
Aggravated Assault
Aggravated assault refers to any form of assault in which one of the following situations applies:
The assault causes the victim to suffer serious bodily injury.
The accused uses or brandishes a deadly weapon during the commission of the assault.
A deadly weapon in this context has an extremely broad definition and includes items in each of the following categories:
Any kind of firearm
Anything that is manifestly designed, made, or adapted to cause serious injury or death, such as brass knuckles, knives, and other dangerous objects
Anything that is capable of causing serious bodily injury or death as a result of its manner of use
Nearly anything the accused uses in the course of an alleged assault could potentially be identified as a deadly weapon. For instance, even a shoe suffices if the defendant uses it with considerable force to attack and seriously harm the victim.
Deadly Conduct or Reckless Endangerment
Using a weapon in a reckless or threatening manner in the process of assaulting someone else is classified as deadly conduct or reckless endangerment. All of the following actions are examples of deadly conduct or reckless endangerment:
Pointing a gun at someone else
Discharging a gun at or in the direction of a car or building without regard for whether or not it’s occupied
Firing a gun in the direction of or at another person without regard for his or her safety
What Is Assault by Contact?
When the simple assault in question involves coming into contact with another person in a manner you know or reasonably should know will be offensive or provocative – but doesn’t cause harm – it’s sometimes called assault by contact. Common examples include these actions:
Shoving someone
Spitting on someone
Physically blocking someone
This is the lowest level of assaultive offense in Texas, but that doesn't mean it isn’t serious. It is charged as a Class C misdemeanor, and a conviction carries a fine of up to $500. While a conviction doesn’t carry jail time, it can mar your record and lead to negative consequences in your future.
In order to convict you of assault by contact, the state isn’t required to prove that your actions were reckless. Instead, it must prove beyond a reasonable doubt that you knew or reasonably should have known that the other person would find your actions offensive or provocative.
Is Assault a Felony or a Misdemeanor?
Whether or not an assault charge is brought as a felony or a misdemeanor depends entirely on the circumstances involved. For a simple assault in which the victim isn’t seriously injured, the charge is generally a misdemeanor, but if the prosecution can prove that any of the following factors played a role, the charge can be elevated to a felony:
The accused assaulted a family member or a romantic partner.
The accused has a prior domestic violence charge on his or her record.
The accused assaulted someone whom he or she knew was in the line of duty as a security guard or emergency worker.
The accused assaulted a public servant for performing his or her job.
The accused used a weapon in the assault. (In this case, the charge is enhanced to aggravated assault, which is a felony.)
Discuss your case with a knowledgeable Killeen criminal defense attorney to learn if your charge is likely to be elevated to a felony.
Is Domestic Violence in Texas Considered a Form of Assault?
Domestic violence is considered a form of assault in the State of Texas, and it typically leads to charges that are brought as Class A misdemeanors, which carry up to a year in jail and fines of up to $4,000.
If the victim of the domestic abuse was either choked or strangled to the degree that his or her ability to breathe was affected, the charge can be enhanced to a felony. If you have another charge on your record, a second offense can also be charged as a felony.
What Does an “Affirmative Finding of Family Violence” Mean?
If you are convicted of assault that is classified as family violence, the court is required to make an affirmative finding of family violence in your case and to note it in your record. This finding carries considerable consequences:
It leaves you ineligible for nondisclosure for the charge at hand and for any subsequent charges.
It can be used to enhance any future sentencing involving family violence.
It will strip you of your right to own or possess a gun.
It can directly affect your child custody rights and the financial terms of a divorce.
It can affect your professional licensure
It can limit your job opportunities.
An affirmative finding of family violence can remain on your record permanently and can have a serious impact on your future. As such, it is always best to work closely with a skilled Killeen criminal defense lawyer to protect your rights when facing assault charges.
What Penalties Will I Face If I’m Convicted of a Misdemeanor Assault?
Most simple assault charges in Texas are brought as Class A misdemeanors, which means they carry a jail sentence of up to a year and fines of up to $4,000. However, a conviction will also lead to the following social consequences:
A conviction can interfere with your ability to obtain a job.
A conviction can interfere with your ability to rent a home or get a home loan.
A conviction can negatively affect or void your professional licensure.
A conviction can interfere with your ability to advance your education by denying you access to federal student aid.
What Penalties Will I Face If I’m Convicted of Aggravated Assault?
Aggravated assault is generally charged as a second-degree felony, which carries a sentence of from 2 to 20 years in prison and fines of up to $10,000. If the accused used a deadly weapon while committing the assault and one of the following circumstances applies, the charge can be elevated to a first-degree felony:
The victim was a public servant in the line of official duty.
The victim was a witness in a criminal case against the accused.
The victim was a police officer.
The accused was retaliating against the victim for performing an official duty as a public servant.
These penalties are serious and should not be ignored. If you are facing an aggravated assault charge, contact a Killeen criminal defense attorney right away.
The Person Accusing Me of Assault Wasn’t Harmed. Can I Still Be Charged?
For the charge of assault to apply, making a credible threat of imminently causing bodily harm suffices. Your accuser doesn’t need to be physically harmed for the charge to stick. This form of simple assault is generally charged as a Class C misdemeanor, which is a fine-only charge that carries no jail time. However, the social consequences of this conviction can be significant.
Look to a Seasoned Killeen Defense Attorney for the Help You Need
Brett Pritchard at The Law Office of Brett H. Pritchard is a savvy Killeen assault defense attorney with decades of experience successfully defending valued clients like you in complex cases involving assault charges, and he brings the full force of this experience to every case he skillfully handles.
For more information about what we can do to help you, please don’t put off reaching out and contacting us online or calling us at (254) 781-4222 to schedule a FREE consultation today.