Assault has two general definitions. The first definition of is an attempted battery. A battery is the unauthorized application of force against another individual that causes physical injury or an offensive touching. Assault is also the intentional creation of a reasonable apprehension of harm.
How Is Assault Defined in Texas?
A person commits assault if they:
- Intentionally, recklessly, or knowingly cause another individual bodily injury
- Recklessly, intentionally, or knowingly threaten another individual with imminent bodily harm
- Knowingly, recklessly, or intentionally cause physical contact with another individual when they know the contact is offensive or provocative to the victim
Is Aggravated Assault the Same as Regular Assault?
No. Aggravated assault occurs when a person:
- Knowingly, intentionally, or recklessly threatens or causes bodily injury to the victim; AND
- Causes bodily injury that is serious; OR
- Shows a deadly weapon during the assault.
Typically, aggravated assault is a felony of the second degree punishable by two to 20 years in state prison and/or $10,000 fine.
Is Assault a Misdemeanor or Felony?
If there are no other circumstances increasing the charge, then the crime is a Class A misdemeanor. A Class A misdemeanor is punishable by:
- About one year in county jail
- $4,000 fine
- Pay a fine and spend time in county jail
When Is Assault a Felony in Texas?
Assault is a felony of the third degree when:
- The victim is a public servant
- The defendant was previously convicted of assault against a family member
- The defendant is accused of impeding the breathing or blood circulation of a family member by choking
Should I Contact a Criminal Lawyer about My Assault Charge in Texas?
An assault charge should be taken seriously. Contact a Texas criminal lawyer regarding your legal rights and defenses to positively resolve this charge.