In Texas, assault is a serious matter that the law takes very seriously. Assault occurs when a person intentionally causes physical harm to another, threatens harm, or engages in offensive or provocative physical contact. The state has strict laws that cover different levels of assault, depending on the circumstances and the severity of the incident. Understanding these definitions and degrees is important because the consequences of being charged with assault can have a lasting impact on a person’s life.

The legal system in Texas outlines assault in clear terms, making it essential to know what actions can lead to this charge. Assault in Texas does not always require physical injury. Sometimes, a person can face assault charges simply for making someone believe they are in danger of being hurt. The laws are written this way to protect individuals from harm and prevent threatening or harmful situations. Each degree of assault comes with its own set of penalties, which can range from fines to long periods in jail. At, Wilder Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

The Definition of Assault in Texas

Texas law defines assault in three main ways. First, assault occurs when someone causes bodily injury to another person intentionally, knowingly, or recklessly. This means that if a person acts in a way that causes someone else to get hurt, whether or not it was planned, they could face an assault charge. Second, assault includes threatening another person with immediate bodily injury. The threat must be real enough that the person being threatened genuinely believes they are in danger. Third, assault includes physical contact that the other person finds offensive or provocative. Even if the contact does not cause harm, it can still lead to a charge if it was meant to annoy or insult someone. These definitions help protect people from a wide range of harmful or threatening actions. The law covers both physical and emotional harm, recognizing that threats and offensive contact can also cause significant distress. It is important to note that intent matters. If someone acts with the purpose of hurting or offending another, their actions fall under the definition of assault.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder

The Degrees of Assault in Texas

The degrees of assault in Texas depend on the severity of the offense and the circumstances surrounding it. The law categorizes assault into three main degrees: misdemeanor assault, aggravated assault, and felony assault. Each degree has its own penalties, and the level of severity increases with the degree of the crime. Misdemeanor assault is the least severe level of assault, but it is still a serious charge. A person may face a misdemeanor assault charge if they cause minor bodily injury, threaten someone with harm, or engage in offensive physical contact. The penalties for misdemeanor assault vary depending on whether the charge is a Class C, Class B, or Class A misdemeanor. Class C misdemeanors usually involve offensive contact or threats without injury and can result in fines. Class A misdemeanors, on the other hand, involve bodily injury and can lead to jail time of up to one year. Aggravated assault is a more serious charge that involves causing serious bodily injury or using a deadly weapon during the assault. A deadly weapon can be anything capable of causing significant harm, such as a gun, knife, or even a vehicle. Aggravated assault is typically charged as a felony, with penalties that include longer prison sentences and higher fines. The exact punishment depends on whether the charge is a second-degree or first-degree felony. Felony assault covers a range of severe offenses, often involving repeat offenders or assaults against certain protected individuals, such as police officers, elderly persons, or public servants. The penalties for felony assault can include several years in prison and steep fines. These charges reflect the serious nature of the crime and the harm it causes to victims.

The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.”

- Forrest Davis

I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."

- Steve Ak

My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."

- Rudy Castanon

Factors That Affect the Severity of an Assault Charge

Several factors can influence how an assault charge is classified and the penalties that follow. One major factor is the relationship between the person charged and the victim. For instance, assault charges can become more serious if they occur in a domestic setting, such as between spouses, family members, or people in a dating relationship. In these cases, the law recognizes the added harm caused by violence within close relationships and often imposes stricter penalties. The severity of the injuries caused also plays a role. Minor injuries may lead to misdemeanor charges, while serious injuries can result in felony charges. Additionally, the use of a deadly weapon during the assault automatically elevates the charge to aggravated assault, even if the weapon was not used to cause injury. Other factors include the age or status of the victim. Assaulting a child, an elderly person, or a disabled individual often leads to harsher penalties because these individuals are considered more vulnerable. Similarly, assaults against police officers, emergency workers, or other public servants carry heavier consequences due to the important roles these individuals play in society.

Penalties for Assault in Texas

The penalties for assault in Texas vary widely based on the degree of the crime and the specific circumstances of the case. For Class C misdemeanors, the penalty is usually a fine of up to $500. Class B misdemeanors can result in up to 180 days in jail and fines of up to $2,000. Class A misdemeanors carry penalties of up to one year in jail and fines of up to $4,000. Felony assault charges come with much harsher penalties. Second-degree felony charges can lead to prison sentences of two to twenty years and fines of up to $10,000. First-degree felonies, the most severe, can result in life imprisonment in extreme cases. The court considers many factors when determining the punishment, including the defendant’s criminal history and the details of the offense.

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The penalties aim to reflect the seriousness of the crime and provide justice for the victim. However, being convicted of assault can have consequences beyond legal penalties. A criminal record can affect a person’s ability to find employment, secure housing, or maintain certain rights. This is why it is important to address assault charges with the help of a qualified legal team.

Defenses Against Assault Charges

While assault charges are serious, there are defenses that can be used in court to fight these allegations. One common defense is self-defense, which applies when a person acts to protect themselves from immediate harm. For this defense to work, the person must have believed they were in real danger and used only as much force as necessary to prevent harm. Another defense is defense of others, which occurs when someone acts to protect another person from harm. Like self-defense, this requires a reasonable belief that the other person was in immediate danger. Other defenses may include lack of intent, where the person did not mean to harm or threaten the victim, or mistaken identity, where the wrong person is accused of the crime. The specific defense used depends on the details of the case. It is important to work with a legal team that understands Texas law and can build a strong defense. A successful defense can lead to reduced charges, lighter penalties, or even dismissal of the case.

How Assault Charges Are Handled in Texas Courts

When a person is charged with assault in Texas, the case goes through the court system, where both the prosecution and defense present their arguments. The prosecution must prove that the defendant committed the assault beyond a reasonable doubt. This means they need strong evidence, such as witness statements, medical records, or video footage. The defense works to challenge this evidence and present arguments that support the defendant’s innocence or reduce their responsibility. This might involve questioning the credibility of witnesses, providing alibis, or showing that the act was accidental. The court considers all the evidence before deciding on a verdict. If the defendant is found guilty, the court determines the penalty based on the degree of the assault and any mitigating or aggravating factors. Mitigating factors, such as a clean criminal record, may lead to lighter sentences, while aggravating factors, such as repeat offenses, can result in harsher penalties. If you or someone you know is facing assault charges in Texas, it is crucial to have knowledgeable legal representation. The Wilder Law Firm understands the complexities of assault cases and is dedicated to protecting your rights and guiding you through the legal process. With a strong commitment to achieving the best possible outcomes for clients, the team at the Wilder Law Firm is here to help you navigate these challenging circumstances. Reach out today to discuss your case and take the first step toward resolving your legal matter.