Assault FAQ

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In Texas, assault is considered to be the “intentional threat or attempt to inflict harm upon another person.”

Depending on how the charge is classified, you could be taken into custody and kept in jail while your case is pending. But you might also be given a ticket with a notice to appear in court (where you’ll enter a plea of “guilty” or “not guilty”). It’s also possible that your charges will be dropped by the prosecution, which will end the process. However, the specifics of your case may result in different actions. That’s why you need to speak to a qualified attorney to get advice about your situation.

There are three main type of assault charges in Texas, which include the following:
– Simple Assault — You may be charged with this type of assault in Texas if you “intentionally, knowingly, or recklessly” cause someone to suffer minor bodily injuries through provocative contact or by threatening someone with imminent bodily injury.
– Aggravated Assault — You may face this type of assault charge in Texas if you “intentionally, knowingly, or recklessly” cause someone to be seriously injured or use a deadly weapon while committing an assault.
– Deadly Conduct/Reckless Endangerment — You may be charged with deadly conduct or reckless endangerment in Texas if you recklessly participate in activities that place someone else at immediate risk of serious bodily injury or death.

A simple assault in the State of Texas that resulted in a minor injury will typically be classified as a class A misdemeanor, but it can become a third-degree felony if the prosecution can prove the following:
– You assaulted a family member or someone with which you are in a romantic relationship.
– You have had previous charges of domestic violence.
– You assaulted a public servant for doing his or her job.
– You assaulted someone that you knew was a security guard or emergency worker while this person was performing his or her duties.
An assault charge in the State of Texas can also become a felony if it involved a weapon, which would make it an “aggravated assault.” Sexual assault also has a different set of charges and penalties.

exas Law doesn’t require the victim to be physically hurt for an assault charge to be filed. Threatening someone with assault or making “offensive” contact with someone that doesn’t require pain can be classified as a Class C assault charge. While it’s a minor offense that’s no different than a traffic ticket, it can be classified as a third-degree felony if you have been previously convicted of a family violence charge.

Many people choose to make a “no contest” plea when they have been charged with a class C misdemeanor so they don’t have to pay a fine, go to court, or hire a lawyer. But if you have been charged with any kind of family violence, you should think twice before you make this kind of plea because it could lead to more severe consequences. If you have been faced with any family violence charge, you should speak to a qualified attorney before making any final decisions.

If you intentionally or knowingly make physical contact with someone that he or she would reasonably consider offensive or provocative, it would be seen as “assault by contact.” Some common examples of this type of charge include shoving or spitting on someone, and it’s usually classified as a class C misdemeanor (which is the lowest level of criminal offense in the State of Texas).

Some courts use other terms (such as “simple assault” or “assault by physical contact”) to describe this type of crime, because Texas has no stand-alone statute to describe these charges. Instead, it’s often seen as a subset of the standard laws for assault. Unlike more serious assault charges, you don’t have to recklessly commit an act of assault by contact. And to be convicted of this crime, the prosecution must prove beyond a reasonable doubt that you knew your actions would be reasonably considered offensive or provocative by the other person.

A standard class A assault can result in up to one year in jail and a fine of up to $4,000. A first offense of a family violence charge can have the same range of penalties, but it can also be classified as “Affirmative Finding of Family Violence” (AFFV).

AFFV is associated with any type of domestic violence conviction. It will keep you from sealing any records of your case, as well as the records of any future cases. It could keep you from getting a professional license, and it will result in more severe penalties for a second family violence conviction.

An aggravated assault charge in the State of Texas is considered a 2nd degree felony, which could result in 2-20 years in prison and a fine of up to $10,000. But you could also be eligible for probation. Be sure to speak to someone at Gale Law Group for more information. We’re a criminal defense lawyer in Corpus Christi that will fight for you and your rights.

In Texas, the term “deadly conduct” refers to a type of criminal offense that’s listed in the Texas Penal Code § 22.05. You commit this crime if you perform one of the following actions:
– You engage in behavior that puts someone else at immediate risk of bodily injury.
– You knowingly discharge a firearm at or in the direction of one or more individuals, a habitation, a building, or a vehicle and are reckless about whether the habitation, vehicle, or building is occupied.

If you’re convicted of deadly conduct in Texas, you can face time in jail and pay steep fines. You can also face civil consequences if you’re found to be responsible, including lawsuits that have been filed by the people you harmed as a result of your behavior.

Domestic violence is a category of assault in the State of Texas and is generally charged as a Class A misdemeanor. But if the victim was choked or strangled (which affected his or her ability to breathe), it could be upgraded to a felony offense. Any subsequent offenses can cause you to become charged with a first-degree felony, and any domestic violence conviction will prohibit you from owning a firearm.