Assault is a common criminal charge throughout the State of Texas, and if you find yourself facing an assault charge, you may be feeling overwhelmed with no idea how to protect yourself. Too many people in your shoes simply accept the charge and take their legal knocks, but this can leave you with fines, penalties, and social consequences.
The most important point to keep in mind is that you have legal rights and that you are innocent until you are proven guilty. The most important first step you can take is to consult with an experienced Round Rock criminal defense attorney.
Assault Defined
In Texas, assault is defined as intentionally, knowingly, or recklessly causing someone other than yourself to suffer bodily injury, and the other person can be your spouse or romantic partner. But it does not end there. Intentionally, knowingly, or recklessly threatening to cause someone other than yourself to suffer imminent bodily injury also qualifies as assault.
Finally, intentionally or knowingly coming into physical contact with someone else when you know or reasonably should know that they will regard the contact as either offensive or provocative is yet another form of assault. In other words, the charge of assault is broad in scope, and it can apply in a wide range of situations.
Consider a Recent Case in Relation to Your Own Legal Rights
A man was out jogging in his neighborhood when the police were canvassing the area for an assault suspect. When they spotted the jogger, who vaguely fit the description they’d received, they attempted to question him. When the man who was just trying to workout, asserted his right to remain silent, he was detained in a police car and he put up a struggle in the process.
He remained in custody even after the assault victim arrived on the scene and confirmed that the man was not her ex-husband, whom she had accused of assault. At this point, the man was charged with two counts of felony assault on a police officer and spent two days in jail before he retained legal counsel, and the complaint was dropped.
In other words, assault charges can escalate quickly, and you could find yourself facing such a charge when you least expect it – like when you are out minding your own business. Knowing your rights from the get-go is important, but it is not enough to avoid a potentially volatile situation that can flash out of control in nearly the blink of an eye.
If you find yourself on the wrong side of a criminal charge, the first order of business should always be letting the police know that you want an attorney and that you are invoking your right to remain silent. Then, peacefully go along with their requests to protect your own safety.
An Assault Charge Can Range from a Misdemeanor to a Felony
How an assault charge is classified depends upon the severity of the offense in addition to other factors, such as the relationship between the person accused and the victim, as well as matters like whether or not the accused used a weapon in the commission of the crime. Assault can be charged as either a misdemeanor or a felony, so let’s take a closer look at each.
Misdemeanor Assault Charges
While misdemeanors are less serious charges than felony charges, they are plenty serious, and a conviction can leave you facing steep fines, jail time, and harsh social consequences.
Assault Bodily Injury
Assault bodily injury (ABI) relates to intentionally, knowingly, or recklessly causing someone else to suffer bodily injury. This is essential to the charge, and it refers to the victim experiencing any one of the following as a result:
Suffering physical pain
Suffering an illness
Suffering an impairment of physical condition
Any amount of physical pain suffices for the charge of ABI to apply, but mere discomfort does not reach the legal threshold. The charge of assault causing bodily injury in Texas is a Class A misdemeanor, and a conviction carries a jail sentence of up to a year and fines of up to $4,000.
Assault Bodily Injury against a Family Member
Assault bodily injury against a family member (ABI-FM) is the same charge as ABI but the victim is either a family member of the accused or a member of the accused person’s household. This applies to all the following:
A spouse
A parent
A sibling
A roommate
A romantic partner
A past romantic partner
Someone who is related to the accused by blood, marriage, or adoption
The charge of assault bodily injury against a family member is generally a Class A misdemeanor, which carries the same $4,000 fine and jail sentence of up to a year – unless it is not the first occurrence or the charge involves choking the victim or using a weapon in the commission of the crime, which can elevate the matter to a felony.
Assault by Contact
Assault by contact occurs when the accused intentionally or knowingly comes into contact with the victim in such a manner that it reasonably offends or provokes them. Common examples include spitting on someone or emphatically poking someone in the chest.
While bodily injury isn’t involved, it still reaches the level of assault and is generally charged as a Class C misdemeanor, which comes with fines of up to $500 but no jail sentence.
Assault by Threat
Assault by threat refers to intentionally or knowingly threatening someone else with imminent bodily injury – by either verbal or nonverbal means. This category of threat is also a Class C misdemeanor, which carries up to $500 in fines but no potential jail sentence.
It’s important to note that assault by threat or assault by contact can be elevated from a Class C misdemeanor to a Class A misdemeanor charge if the victim is either someone who is disabled or is an elderly person.
While a Class C misdemeanor charge may not strike you as being particularly alarming, it means you’ll have an assault charge on your record, which can have significant consequences if you ever find yourself facing an assault charge in the future. Keeping your record free of assault charges of any kind is always to your advantage.
Felony Assault Charges
Felony assault charges can range from third-degree to first-degree.
Third-Degree Felony Assault
When someone intentionally or knowingly harms someone else physically, it’s automatically a Class A misdemeanor, but when the person is a family member or romantic partner, as addressed above, the charge can jump to a third-degree felony if the accused has a prior assault conviction against a family member on their record – whether it’s in Texas or in any other state.
A Class A misdemeanor assault charge can also be bumped up to a third-degree felony if the victim falls into any of the following categories:
A public servant who is either in the line of duty or a public servant who is being retaliated against for duties they performed in the line of duty
A government employee who was hired to perform services in a specific facility
A government-authorized worker who is performing a sanctioned duty or a government worker who is being retaliated against for sanctioned duties they performed
A security officer who is in the line of duty
Emergency service personnel, such as firefighters, emergency volunteers, and med techs
A third-degree felony assault carries from 2 to 10 years in prison and fines of up to $10,000.
Second-Degree Felony Assault
Up to this point, we’ve discussed simple assault, which relates to intentionally, knowingly, or recklessly causing someone else to be injured, to feel credibly threatened, or to be either provoked or offended.
If, however, the victim is seriously injured and the crime involves either the use or display of a deadly weapon, it can lead to the charge of aggravated assault, which – at a minimum – is second-degree felony assault.
Even a Class C misdemeanor assault will be enhanced to second-degree felony if a deadly weapon is used during its commission. The penalty range for a second-degree felony assault is 2 to 20 years in prison and fines of up to $10,000.
First-Degree Felony Assault
The most serious assault charge is first-degree felony assault, and it can relate to aggravated assault that is committed against a family member, a member of one’s household, a spouse, or a romantic partner – as discussed above – or when the accused has another assault charge against a family member on their record.
Further, the assault charge will rise to the level of first-degree felony if the victim suffers a traumatic brain injury that leads to a coma or vegetative state. Finally, when one of the following applies to the aggravated assault charge, it’s automatically elevated to a first-degree felony assault:
The assault is committed against a public servant who is either on duty, in uniform, or in the line of duty
The assault is committed against a security officer who is in the line of duty
The assault is committed against a public servant in retaliation for an action they took in the course of their service
The assault is committed against either an actual or potential witness to a crime
The assault is committed in retaliation against someone who reported a crime or against an informant in a criminal case
Next Steps
If you’re facing an assault charge, it’s time to take action in defense of your rights and in pursuit of your case’s best possible resolution. After invoking your right to remain silent – as outlined above – it’s time to consult with a seasoned criminal defense attorney and build your strongest defense.
Your attorney will carefully assess the circumstances of your case and will help strategize the surest path forward for you. The primary goal is having the charge against you dropped altogether, but if that isn’t a possibility, you’ll need to evaluate your best options.
An important part of this is gathering all the available evidence, including any exculpatory evidence – or evidence that tends to support your innocence – that the prosecution or police may have, and moving forward from there.
Considering Potential Defenses
While your case is specific to the involved situation, defense strategies often fall into categories like the following:
You were defending yourself from the other person’s attack.
You were attempting to defend others from being attacked by the person you assaulted.
They simply have the wrong person – as in the case above.
You were attempting to defend your property.
Striking a Deal
When you work with a criminal defense attorney who is a skilled negotiator, you can count on them to engage in focused negotiations with the prosecution that are designed to strike a favorable plea bargain that lessens the charge against you considerably, minimizes the consequences you face, or both.
Taking Your Case to Trial
A Plea deal isn’t always the way to go, and if your case is particularly strong, going to trial may be the answer. Having a gifted litigator in your corner can make a significant difference in the outcome of your case – and in your future.
Make the Call to an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a trusted Round Rock criminal defense attorney with decades of impressive experience and an unwavering commitment to skillfully guide your assault case toward an optimal outcome that honors your legal rights and best future.
Our dedicated legal team has the experience, resources, and drive to help you, so please don’t hesitate to contact or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.