Being assaulted can be frightening and traumatic, but so can being charged with assault. For those accused, the next steps are about figuring out what their charges mean and how to move forward.
Defending yourself from assault charges can be stressful, but you don’t have to face the process alone. Keep reading to learn more about assault charges in Texas and the punishments involved.
What Counts As Assault in Texas?
In general, we usually consider it an assault any time someone causes harm to another person. However, under Texas law, what counts as assault isn’t always so straightforward. With proper knowledge of the different forms of assault, you can see how serious these charges are and what sorts of penalties you may face. Here are the primary types of assault in Texas:
- Engaging in physical contact with someone in a manner that is offensive or unwelcome
- Deliberately, knowingly, or recklessly inflicting physical harm on another individual
- Issuing a threat of imminent physical harm to another individual
As a Texas resident, it’s important to know that even simply making a threat can result in assault charges in Texas.
What Are the Charges for Assault in Texas?
Texas assault charges are grouped into different levels, with each level being based on the type of case, who was involved, and the type of harm caused. In general, cases involving aggravated assault will result in higher charges than cases of simple assault. Here are the typical charges for assault in Texas:
- Class C Misdemeanor– Physical contact in a provocative manner that doesn’t cause injury
- Class B Misdemeanor– Offensive physical contact or causing bodily harm in the process of retaliation
- Class A Misdemeanor– Making provocative physical contact resulting in a non-serious injury
- Third-Degree Felony– Assaulting a public servant or on-duty security officer
- Second-Degree Felony– Assaulting a family member the second time, engaging in an assault that causes serious bodily injury, or carrying out an assault with a deadly weapon
- First-Degree Felony– Assaulting a police officer or a romantic partner, or committing an assault resulting in a vegetative coma
Keep in mind that the charges you face depend on the severity of your case. However, if you are charged with family violence, the penalties are typically more severe.
What Is the Punishment for Assault in Texas?
When it comes to Texas assault charges, the punishment depends on how serious the offense is, the type of charge, and whether it’s classified as a misdemeanor assault or felony assault charge. Here are the punishments for assault in Texas:
- Class C Misdemeanor– For this offense, you typically won’t face any jail time but you might have to pay a fine of up to $500.
- Class B Misdemeanor– This offense is more serious than class C misdemeanor. You could spend six months in jail and pay a fine of up to $2,000.
- Class A Misdemeanor– This offense might require you to serve up to a year in jail and pay a fine of up to $4,000.
- Third-Degree Felony– For a third-degree felony, you could spend between two to ten years in jail and also pay a fine of up to $10,000.
- Second-Degree Felony– If charged with a second-degree felony, you may face a jail sentence between two and twenty years and a fine of up to $10,000.
- First-Degree Felony– This is one of the most severe charges. You could serve jail time between five years and life imprisonment and a fine of up to $10,000.
Keep in mind that a Class C misdemeanor assault will only be charged in the most minor of cases. Any elevating factors will result in a higher charge and penalties.
How Can I Reduce Assault Charges in Texas?
If you’ve been charged with an alleged assault, it’s important to get help from an experienced criminal defense attorney. They can guide you through the legal process and explain how your charges can be dropped, reduced, or dismissed. Here are some ways you might be able to lower your assault charges in Texas:
- Plea Bargaining– This is when prosecutors offer a deal to reduce the severity of the charges. You would be required to plead guilty to get a lesser charge or a reduced sentence.
- Self-Defense or Defense of Others– If your lawyer can prove that you were acting in self-defense or protecting someone else, your charges might be dropped or reduced.
- False Allegations– If your lawyer can show that the victim’s claims are false, your case might be dismissed. For example, if there’s proof the accusations were made up or misunderstood, it could lead to the charges being dropped.
- Lack of Evidence– If the prosecution cannot provide enough strong evidence to prove the assault happened, the charges may be dismissed. This could include things like a lack of witnesses or no physical evidence linking you to the crime.
A San Antonio Criminal Defense Attorney Can Represent You in Court
Facing assault charges in Texas can be overwhelming, whether it’s your first time or your third. You may have questions about your rights, the legal process, and what steps to take next. That’s where an experienced assault defense attorney can make a difference.
At the Law Office of John G. Perez Jr., we provide strong and reliable representation for individuals facing assault charges. With the help of a skilled San Antonio criminal defense attorney from our team, you will receive guidance through the legal process, protection of your rights, and dedicated efforts to achieve a positive outcome for your case.