Assault is when a person allegedly causes a victim to fear an immediate battery, either through words or actions. It does not require the defendant to actually touch the victim to be accused of assault. Instead, to be in fear of immediate battery means that the victim fears the person will hit them or cause some kind of injury. In Texas, a person can be charged with misdemeanor or felony assault.
In Texas, misdemeanor assault, also called “simple assault,” occurs when the defendant does one or more of the following:
- Recklessly, intentionally, or knowingly caused bodily injury to another person;
- Intentionally or knowingly causes physical contact with the victim, and they knew or should have reasonably known the touching would be offensive; or
- Intentionally or knowingly threatened the victim with imminent bodily harm.
Yes. A defendant can still be charged with assault for causing bodily injury to a family member. It is also charged as a misdemeanor, unless the person has two prior assaults against a family member.
Misdemeanor assault is typically charged as a class C misdemeanor. A class C misdemeanor is punishable by a fine of up to $500. But it can be charged as a class A or class B misdemeanor, depending on the specifics of the assault.
For assault to be charged as a class A misdemeanor, the assault must be committed against an elderly person or a person with disabilities. A class A misdemeanor is punished by less than 1 year in jail and/or a fine of up to $4,000.
Assault charged as a class B misdemeanor is very specific. It requires that the assault be committed by a someone who is not an athlete, or a sports fan, against an athlete. The athlete must either by playing a sport or the assault was done in retaliation for the athlete’s performance. A class B misdemeanor is punishable by less than 180 days in jail and/or a fine of up to $2,000.
Yes. When facing any type of assault charge, it’s vital to have a Texas criminal lawyer represent you.