What Is Serious Bodily Injury in Texas Law?
Texas law takes assault offenses very seriously, and the consequences of a conviction can be severe, especially when the injury inflicted is deemed “serious.” Serious bodily injury refers to injuries that create significant, lasting damage to the victim. This term is defined by the Texas Penal Code and has important implications for the severity of the charges you might face. In essence, serious bodily injury includes injuries that pose a substantial risk of death, cause permanent disfigurement, or lead to the loss or impairment of the function of any bodily member or organ. For example, injuries such as a broken bone that may require surgery or severe lacerations that lead to scarring or loss of function are considered serious bodily injuries. In these types of cases, the assault charge will be treated more seriously, with harsher penalties if the accused is convicted.Why Serious Bodily Injury Matters in Assault Cases
The distinction between a regular assault charge and one involving serious bodily injury is extremely important. Texas law provides different levels of assault charges based on the nature of the injury caused to the victim. While simple assault typically involves minor injuries or the threat of harm, an assault that results in serious bodily injury is classified as a more serious crime, often leading to felony charges.
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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. .
The Role of Medical Evidence in Serious Bodily Injury Cases
In assault cases involving serious bodily injury, medical evidence plays a pivotal role in determining the extent of the injury and the severity of the charges. Doctors and other medical professionals will often be called to testify in court about the victim’s condition, the treatment required, and the long-term effects of the injury. The more severe the injury, the more likely it is that the prosecution will argue for a felony conviction. If you are facing charges in a case involving serious bodily injury, it is crucial to have strong legal representation to counter the medical evidence and build your defense.Defending Against Assault Charges Involving Serious Bodily Injury
If you have been accused of causing serious bodily injury during an assault, your legal team will work tirelessly to ensure that your rights are protected. One of the most important aspects of defending against such charges is challenging the prosecution’s evidence. This might involve questioning the severity of the injury, showing that it was not caused by the alleged assault, or arguing that it was accidental or unintentional. Your defense lawyer may also explore possible mitigating factors that could reduce the severity of the charges or penalties. Additionally, your defense team may challenge the intent behind the assault. Texas law requires that the defendant intentionally or recklessly cause harm to the victim for an assault charge to be valid. If your actions were not intentional or if the injury was caused due to self-defense or another legal justification, your attorney can work to have the charges reduced or dismissed altogether.
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