Assault in Texas
The Dameron Law Firm in Fort Worth understands the significance of assault charges, including assault against a family member, and the impact a conviction can have on your future. An assault occurs if one person recklessly or intentionally causes “bodily injury” to another. Bodily injury is often described as an action that causes pain. A conviction for assault becomes part of your permanent criminal record and you may have to pay restitution to the victim. If you have been arrested for an assault charge, you need an experienced criminal defense attorney.
Assault (Tex. Penal Code Ann. § 22.01) in Texas consists of:
- intentionally, knowingly, or recklessly causing bodily injury to another person, including the person’s spouse;
- intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse; or
- intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will regard the contact as offensive or provocative.
What Is Bodily Injury?
The penal code in Texas defines “bodily injury” as physical pain, illness, or any impairment of physical condition. “Serious bodily injury” is defined as bodily injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
An assault is a domestic assault in Texas for the purposes of family violence, ‘family’ includes individuals related by consanguinity (blood) or affinity, marriage or former marriage, biological parents of the same child, foster children, foster parents, and members or former members of the same household (including roommates). The Family Code includes “Dating Violence”. The “Dating Relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. Assault family violence in Texas can be a misdemeanor or felony, depending on the circumstances and the offender’s criminal history.
Losing the Right to Carry a Firearm
Any conviction for family violence, even a misdemeanor, will result in the loss of your rights to carry a firearm or ammunition.
Penalties for Misdemeanor Assault in Texas
A person convicted of a misdemeanor in Texas faces the following possible penalties:
- Class A misdemeanor – up to one year in jail and/or a fine up to $4000
- Class B misdemeanor – up to 180 days in jail and/or a fine up to $2000
- Class C misdemeanor – a fine up to $500.
Misdemeanor or Felony Assault?
Assault causing bodily injury is a Class A misdemeanor except in certain circumstances. The assault may be considered a third-degree felony if:
- the actor knows the victim is a public servant while the public servant is lawfully discharging an official duty, or in retaliation.
- The actor has a history of domestic violence.
- The offense intentionally, knowingly, or recklessly impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
If you or someone you know has been charged with assault offense in Tarrant County, call the Dameron Law Firm at (817)-222-0624 for a free consultation. Do not delay as many options our firm has in getting your case reduced or dismissed can be time sensitive.