Getting charged with assault can be scary. But an assault charge is a Class A misdemeanor, or lower, and so the penalties that you face for assault are up to a year of imprisonment and a fine of up to $4,000.
Aggravated assault is much worse.
Aggravated assault is charged as a second-degree felony or higher. This means that the penalties for aggravated assault are far and beyond more serious than those for simple assault. The consequences for aggravated assault are:
- You could be facing between two to twenty years in prison. In addition to this, you would also have to pay a fine of up to $10,000.
- If the aggravated assault was committed against somebody in your family, somebody in your household, somebody you were seeing romantically, a security officer, a public servant, a witness who may testify against you, or an informant who may testify against you then in Texas the aggravated assault is charged as a first-degree felony. This means that you would be facing 99 years to life imprisonment.
What Separates Simple Assault From Aggravated Assault?
To understand aggravated assault you must first know what constitutes a simple assault. Simple assault occurs when:
- You intentionally or recklessly cause another person to suffer some form of physical harm
- You intentionally threaten another person with harm to their body
- You intentionally make physical contact with another person in a manner that is meant to be provocative or offensive
This can be upgraded to aggravated assault when there is an escalation of the danger represented by your actions. More information is found under Texas Penal Code Section 22.02 but what it comes down to is that aggravated assault occurs when The conditions for a simple assault charge as met and:
- The assault ended in the victim suffering serious bodily injury
- The assault includes the use or exhibition of a deadly weapon
Note that for an assault to be an aggravated assault it only needs to have one, not both, of these criteria met. But it is also extremely common to find aggravated assault charges as only one of a litany of charges against a person because the nature of what upgrades a simple assault into an aggravated assault also could leave you open to charges that you’ve broken gun laws or committed battery in the process of committing the aggravated assault.
What Should I Do If I’m Charged with Aggravated Assault in Texas?
A charge of aggravated assault could see you facing life in prison and that’s not something you can afford to take lightly. The best action you can take is to acquire the services of an experienced attorney quickly so that there is plenty of time available for them to work on your defense before your trial.
If you are looking for an attorney with experience fighting against aggravated assault charges in Texas then you’ve come to the right place. Wilder Law Firm is dedicated to helping people facing charges like yours and we’re always happy to hear about your situation to offer advice and fight for your freedom.
Understanding Texas Penal Code: Assault and Aggravated Assault
The Texas Penal Code sets forth the laws and penalties surrounding crimes of assault and aggravated assault, which are among the most serious offenses in the state. These offenses can result in severe consequences, including imprisonment, hefty fines, and a permanent criminal record that can significantly impact a person’s life. Understanding the nuances of these laws is crucial for anyone who finds themselves either accused of or a victim of such crimes. Texas law is specific about what constitutes assault and aggravated assault, and it is essential to grasp the differences between these two charges, as well as the potential penalties one might face.
What Constitutes Assault Under Texas Law?
Assault is defined under Texas Penal Code Section 22.01. Contrary to what some might believe, assault does not always involve physical violence. Under Texas law, an individual can be charged with assault for a variety of actions that may not involve direct physical contact. For instance, threatening someone with imminent bodily harm, even without following through on the threat, can constitute assault. Additionally, intentionally or knowingly causing physical contact with another person when the offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative is also categorized as assault.
The nature of the physical contact plays a significant role in determining whether the act is considered assault. For example, a mere push or shove can be classified as assault if it is done with the intent to cause harm or if the other person perceives it as an offensive gesture. The intent behind the action is often a critical factor in these cases. The courts will consider whether the defendant acted intentionally, knowingly, or recklessly when deciding whether the assault charge is warranted. This broad definition means that many actions that might seem minor can lead to criminal charges, making it essential for individuals to understand the full scope of what constitutes assault under Texas law.
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Penalties for Assault in Texas
The penalties for assault in Texas vary depending on the severity of the offense and the circumstances surrounding the case. Simple assault is typically classified as a Class A misdemeanor, which carries potential penalties of up to one year in county jail and a fine of up to $4,000. However, certain factors can elevate a simple assault charge to a more serious offense. For instance, if the assault is committed against a public servant, emergency services personnel, a family member, or a dating partner, the charge can be elevated to a third-degree felony. This escalation significantly increases the potential penalties, including up to 10 years in prison and a fine of up to $10,000.
The relationship between the victim and the offender is crucial in determining the severity of the charge. Texas law takes a firm stance on assault against family members, household members, and dating partners. Assault charges in these cases can lead to harsher penalties, especially if the offender has a prior conviction for family violence. Additionally, the use of a deadly weapon or the infliction of serious bodily injury during the assault can also elevate the charge to a more severe level, carrying stricter penalties.
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
Understanding Aggravated Assault
Aggravated assault is a more serious charge than simple assault and is defined under Texas Penal Code Section 22.02. Aggravated assault occurs when an individual causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of the assault. The term “serious bodily injury” refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the loss or impairment of the function of any bodily member or organ. This includes injuries such as broken bones, deep lacerations, or injuries that require extensive medical treatment.
The use of a deadly weapon during the assault is a significant factor that can lead to an aggravated assault charge. A deadly weapon can be anything that is capable of causing death or serious bodily injury. This includes firearms, knives, or even everyday objects that are used in a manner that could cause severe harm. For example, using a car to intentionally hit someone could be considered aggravated assault with a deadly weapon.
Aggravated assault is typically classified as a second-degree felony in Texas, which carries penalties of two to 20 years in prison and a fine of up to $10,000. However, certain circumstances can elevate the charge to a first-degree felony, which carries penalties of five to 99 years in prison and a fine of up to $10,000. For instance, if the assault is committed against a public servant, a witness, or a member of the victim’s family or household, the charge can be elevated to a first-degree felony. The seriousness of an aggravated assault charge cannot be overstated, as it can lead to significant prison time and long-term consequences for the defendant.
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Defenses to Assault and Aggravated Assault Charges
Defending against assault and aggravated assault charges in Texas requires a thorough understanding of the law and the specific circumstances of the case. Several defenses can be raised depending on the situation. One common defense is self-defense, where the defendant argues that they were acting to protect themselves or another person from imminent harm. Texas law allows individuals to use force, including deadly force, if they reasonably believe it is necessary to protect themselves from harm.
Another defense that might be raised is the defense of others. This defense applies when the defendant argues that they were acting to protect another person from being harmed. For this defense to be successful, the defendant must prove that they reasonably believed the other person was in imminent danger and that their actions were necessary to prevent harm.
Consent is another defense that may be used in assault cases. If the alleged victim consented to the physical contact, it could negate the assault charge. However, the consent must be given voluntarily and without coercion. Additionally, the extent of the consented contact must be considered. For instance, consenting to participate in a sporting event does not mean one consents to excessive or dangerous contact that goes beyond the rules of the game.
In some cases, the defense may argue that the alleged assault was an accident. If the defendant did not intend to cause harm and the contact was accidental, this could be used as a defense to the charge. However, proving that the contact was accidental and not reckless or intentional can be challenging, and this defense will depend heavily on the evidence presented.
The Importance of Legal Representation
Assault and aggravated assault charges carry significant legal consequences that can affect every aspect of a person’s life. The complexities of Texas law in these areas make it crucial for individuals facing such charges to seek competent legal representation. An experienced attorney can evaluate the circumstances of the case, identify potential defenses, and navigate the legal system on behalf of the defendant. Given the severe penalties associated with these charges, it is imperative to have a skilled advocate who can fight to protect one’s rights and work towards the best possible outcome.
Legal representation is also vital for victims of assault and aggravated assault. Victims have the right to seek justice and may be entitled to compensation for the injuries and trauma they have suffered. An attorney can help victims understand their rights and pursue legal action against the perpetrator. Whether seeking to defend against charges or pursuing justice as a victim, having legal counsel is an essential step in navigating the complexities of assault and aggravated assault cases.
Will Causing Bodily Injury Always Lead to Aggravated Assault Charges?
You don’t need to commit bodily injury in order to get charged with aggravated assault charges. Assault is not the same as the battery, it can occur even if there is no physical violence involved in an interaction but just the threat of physical violence. In order to understand how it is that aggravated assault charges work, we must first take a look at how simple assault works.
Aggravated assault charges function as a kind of upgrade to a simple assault charge. Many people think of assault as a purely physical crime. This makes a lot of sense considering that we primarily use the word assault to refer to a physical altercation. However, assault occurs in several ways:
- When you cause another person bodily harm through intentionally or reckless action
- When you threaten another person with physical harm intentionally
- When you make physical contact with another person in an offensive or provocative manner intentionally
Note that only the first of those includes a reference to bodily injury. The last of these does also include physical contact but it does not imply injury. For example, pushing somebody violently would be enough to count under the third description but the push itself would be enough even if it did not lead to an injury-causing fall.
So how does this affect aggravated assault charges?
Does Aggravated Assault Charges Require Bodily Injury to Have Occurred?
As previously mentioned, aggravated assault functions like an upgrade of simple assault. In order to be charged with aggravated assault, your actions must meet the criteria for simple assault listed above. However, there must also be one of the following circumstances:
- The assault caused the victim to suffer serious bodily injury
- A deadly weapon was used while committing the assault
- A deadly weapon was exhibited while committing the assault.
Take note of that first criteria. While aggravated assault does not require bodily harm, it is important to remember that serious bodily harm is often a part of aggravated assault charges. So in many cases causing bodily harm is an important and vital part of the aggravated assault charges that an individual could be facing.
However, the latter two criteria cannot be ignored. Let’s take the example of the simple assault from the last section whereupon the victim was simply pushed. There is a physical altercation in this example, however, the victim did not suffer from physical harm. Therefore this assault would not qualify as an aggravated assault.
But if that same simple assault was committed while holding a gun, then it would qualify as an aggravated assault charge. This could even be true if you were not waving the gun at the victim but simply had it holstered, though those circumstances are much easier to argue against than when you directly imply that you will use the weapon.
How Do I Defend Against Aggravated Assault Charges?
Reach out to Wilder Law Firm to speak to a qualified attorney about your case to receive advice and legal representation that takes into account the unique circumstances of your aggravated assault charges and the incident that sparked them.