In the State of Texas, third degree assault is a felony charge that is elevated from what is typically a misdemeanor assault charge because the victim was a protected person or the offense involved specific conduct.
In Texas, a simple assault charge can be elevated to a third degree felony assault charge if it is committed against:
- A family member
- A domestic partner
- A public servant or official, such as a law enforcement officer, government employee, or judge
- Emergency personnel, such as paramedics, EMTs, or firefighters
- Security officers or guards who protect individuals or property
- A pregnant person
Simple assault may also be elevated to a felony if it involves strangulation or if the perpetrator has a prior family violence conviction. This category of assault is elevated from a misdemeanor to a felony based on the nature of the act or the status of the victim.
As a general definition, assault is an act that is intentional which causes a fear of an offensive touching or imminent bodily harm. Assault can be both a criminal offense and a civil intentional tort.
In other words, an assault may be the basis for criminal charges, as every state has a criminal statute for the offense. An assault may also serve as the basis for a civil lawsuit.
It is common for assault to be divided into degrees as it is in Texas. It is important to be aware that an actual touching does not have to occur for an assault to be committed.
As long as a victim reasonably fears that offensive or harmful conduct is going to happen, it is enough to be an assault. The exact elements of what each level of assault requires may be different in each jurisdiction, but are typically as follows:
- 1st Degree Assault: This category involves the intentional infliction of serious bodily harm or fear of injury caused by a deadly weapon.
- 2nd Degree Assault: This level includes knowingly inflicting the fear of serious bodily injury or fear of injuries with a deadly weapon.
- 3rd Degree Assault: This degree involves recklessly inflicting a fear of serious bodily injury or causing a fear of injury by using a deadly weapon.
In Texas, each of these degrees also includes specifications about the victim and factors surrounding the act itself, as discussed above. 3rd Degree Assault is considered to be the least serious of these categories and will result in less serious criminal penalties than 1st and 2nd Degree Assault. A Texas lawyer can explain the specifics of each level of assault in the state.
What Are the Criminal Penalties for Third Degree Assault in Texas?
In Texas, if a defendant is convicted of 3rd Degree Assault, they may face two to ten years in a state prison, criminal fines of up to $10,000 and various other legal consequences. They may be required to attend substance abuse treatment programs or anger management programs.
In some cases, they may be eligible for probation or deferred adjudication programs, which are alternatives to prison. These often require a defendant to attend counseling and complete community service.
It is important to be aware that being convicted of a felony will have a permanent impact on the defendant’s criminal record, along with nearly every other aspect of their life. They may have future issues finding housing, getting a job, being given loans, and getting into schools.
A felon may lose their right to vote and the right to own firearms. If an individual had a professional license, such as a medical license or a law license, being convicted of a felony could cause them to lose that license.
If a defendant has children, a felony conviction may result in a reduction or even termination in their child visitation or child custody rights. Unlike a Class A misdemeanor or other misdemeanor convictions, it is much more difficult to have a felony conviction removed, or expunged, from an individual’s criminal record.
In addition to all of these issues, Texas also has a three strikes law that increases the penalties for repeat felony convictions. If an individual is convicted of a third violent or serious felony, they can face 25 years to life in prison.
It is very important to schedule a Texas lawyer consultation to find out more about the impact of a conviction.
What Are “Wobbler” Crimes in Texas?
Texas does not have wobbler offenses like other states, such as California. However, it does have offenses that have varying degrees based on the facts of the incident, which can allow the prosecution to reduce or elevate the charges from a misdemeanor to a felony, which can function in a similar manner.
In jurisdictions that do have wobbler offenses, these are crimes that can be charged as misdemeanors or felonies, depending on the circumstances of the offense. For example, factors that may result in a 3rd Degree Assault charge being a felony in wobbler jurisdictions can include:
- Characteristics of the victim, for example whether they belong to a specific group, including law enforcement, minors, domestic partners, or others.
- Whether the defendant has a history of repeat assault offenses and are subject to three strikes laws, if there is one in the jurisdiction.
- The degree of bodily harm that was intended to be inflicted on the victim or that was inflicted on the victim.
- Whether a dangerous or illegal weapon was used in the commission of the offense
Although wobbler offenses do not exist in Texas, a Texas attorney can negotiate with the prosecution for a potential reduction in charges from a felony to a misdemeanor, depending on the facts of the offense.
Legal Defenses for Third Degree Assault Charges
Depending on the facts and circumstances of a case, a Texas defendant may be able to present certain criminal defenses in court when they are charged with 3rd Degree Assault. The defenses that will be available to them will vary depending on the state laws as well as the facts of their specific situation.
There are some commonly used defenses to 3rd Degree Assault, including:
- Lack of sufficient evidence to prove each element of the charged offense
- Self-defense
- Intoxication, especially involuntary intoxication
There may also be other possible defenses available, depending on the facts surrounding the offenses. Some defenses that are presented may not completely excuse a defendant’s behavior but may serve to help them obtain a lighter sentence or lesser charges.
Should I Hire a Texas Lawyer for Help With Third Degree Assault Charges?
If you are facing 3rd Degree Assault charges or any other criminal charges in Texas, it is essential to consult with a Texas criminal defense lawyer as soon as you can. A felony assault conviction can result in serious consequences, both for your criminal record and nearly every other aspect of your life.
Your Texas criminal defense attorney will be able to review the facts of your case, give you advice about the charges you are facing and what defenses may be available, and represent you any time you need to appear in court.
You can get started today in as little as 15 minutes using LegalMatch’s free lawyer-client matching services to find a Texas criminal defense attorney in your area who can help you and even potentially negotiate with the prosecution for a reduction in the charges against you or a plea deal
