3 Types of Assault in Texas

 Posted on April 21, 2022 in Assault and Family Violence

If you have caused physical harm to another person, or even just threatened violence, you may be charged with assault under Texas law. Depending on the severity of the situation, there are three different types of assault you can be arrested and charged with. The three types are assault by contact, assault with bodily injury, and aggravated assault. Charges can range from a simple misdemeanor up to serious felony charges. It is important to have a knowledgeable criminal defense attorney on your side to help you through the process and fight the charges against you. 

Defining Assault in The State of Texas

Assault by Contact- An assault by contact charge is filed when a victim is not injured in the incident but is either threatened with violence or is offended by physical contact that has occurred.  Assault by contact is charged as a Class C Misdemeanor and a conviction is punishable by a fine as high as $500. 

Assault with Bodily Injury - Assault charges can be enhanced to a Class A misdemeanor when an injury results from the incident. This carries a punishment of up to one year in jail and a fine of up to $4,000. 

Aggravated Assault - When the victim of an assault suffers serious bodily harm or the perpetrator uses a deadly weapon during the assault, they can be charged with aggravated assault. This carries a penalty of two to 20 years in prison. 

Additionally, if the assault at any level occurred against a protected class, such as a senior citizen or a public servant like a firefighter, police officer, or paramedic, the charges can be upgraded to a Third Degree Felony, punishable by up to 10 years in prison and a fine of $10,000.

Domestic Violence as a Category of Assault

A first count of domestic violence is typically charged as a Class A misdemeanor. However, this could be upgraded to a felony charge if the victim was choked or strangled (impeding breath).  Second domestic violence assault arrest will result in Second or even First Degree Felony charges. Any domestic violence conviction also prohibits you from owning a firearm or ammunition in the future. 

Contact a Tarrant County Assault Defense Lawyer

If you have been accused of assault, you need to contact a Fort Worth Criminal Defense attorney. At The Dameron Law Firm we will fight for your case and to keep an assault conviction off of your record. We can determine the situation that led to the alleged assault, whether you were provoked or defending yourself, or other extenuating circumstances. Call 817-222-0624 for a free consultation. 

Source:

https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm