Assault

There are many different varieties of assault that exist in our penal code.  Your charge will depend on the degree of injury to the complainant, the way the alleged assault took place, and who the complainant is.  Here is a rough run down on the various types of assault in Texas:

  • Class C Misdemeanor Assault:
    • Intentionally or knowingly threatening another with imminent bodily injury
    • Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative
  • Class B Misdemeanor Assault:
    • Committing Class C Misdemeanor Assault against an athlete during a sporting event
  • Class A Misdemeanor Assault:
    • Intentionally, knowingly, or recklessly  causing bodily injury to another (including a family member)
    • Committing Class C Misdemeanor Assault against an elderly or disabled individual by offensive contact
  • Third Degree Felony Assault:
    • Committing Class A Misdemeanor Assault against a public servant
    • Committing Class A Misdemeanor Assault against a family member with a prior assault conviction
    • Committing Class A Misdemeanor Assault by choking
  • Second Degree Felony Assault:
    • Committing Class A Misdemeanor Assault that causes serious bodily injury to another or uses a deadly weapon during the commission of the assault
  • First Degree Felony Assault
    • Committing Second Degree Felony Assault against a family member, a public servant, or a witness 
    • Committing Second Degree Felony Assault by knowingly discharging a firearm toward a habitation, building, or vehicle

The key to defending an assault case is assessing the credibility of the witnesses and completely investigating the facts of the case. Witnesses who lack credibility make assault difficult to prove. Additionally, the facts of your case may support other defenses, such as self-defense, defense of a third person, or consent.  If you have been charged with an assault offense, you need a lawyer who is going to thoroughly investigate your case and be prepared for trial.  Set up your free consultation today.