assault charges texas

Assault Charges Texas - Assault is one of the most common crimes in the United States, and assault charges are on the rise here in Texas.

In the first quarter of this year, from January to March, Fort Worth saw a sharp increase in violent crime. Murders rose 69 percent; the number of sexual crimes increased by 24 percent; and critical attack increases by 15 percent.

Assault Charges Texas

If you are accused of harassment, it is important to understand what the specific charge means and how you can fight it.

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Many people think of assault as hitting and hurting someone. What they don't know is that you don't have to be in contact with another person to be convicted of assault. Merely threatening someone can also be considered an assault.

So let's look at Chapter 22 of the Texas Penal Code, which deals with various assaults, to find the legal definition of assault in Texas.

If you cause bodily harm to someone, assault is a Class A misdemeanor, the most serious of all misdemeanors, and is punishable by up to one year in prison and a fine of up to $4,000.

Threatening another person with bodily harm or engaging in physical contact that causes bodily harm is a Class C misdemeanor punishable by a fine.

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Harassment can be raised to a third-degree felony — punishable by 2 to 10 years in prison and a fine of up to $10,000 — if the victim is a public servant, government employee or domestic violence.

"Serious Bodily Injury" means bodily injury that poses a significant risk of death or that causes death, severe permanent disfigurement, or long-term loss or impairment of any bodily part or organ.

Aggravated assault is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000. Depending on the specific circumstances of the alleged crime, such as domestic violence, it can be raised to a first-degree crime punishable by life imprisonment.

The most common defense to assault charges is that you acted in self-defense. In order for self-defense to be valid, it must be shown that there was a risk of injury, that you actually feared injury, that you did not provoke or hurt anyone in the first place, and that there was no way to avoid the situation. .

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Other common defenses to assault include that you are protecting another person or property, or that the alleged victim actually consented to the assault.

Regardless of your situation, if you are facing an assault charge, it is best to contact an experienced Texas assault attorney. Your skilled attorney will listen to the facts of your case and determine the best defense strategy for reducing, dismissing, or dismissing the charges based on your unique situation.

After earning his Juris Doctor from the University of Houston Law Center, JeffHampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor in the Tarrant County District Attorney's Office—an experience he uses to predict and dispel doubt. about the arguments against your customers. Throughout his career, he has helped countless Texans protect their rights and obtain the best possible outcome in their criminal cases. His ability has earned him recognition from National Trial Lawyers (100 Best Lawyers) and Avvo (Best Criminal Defense Lawyer, Best DUI & DWI Lawyer, 10/10 Excellent Rating) and has been rated as a Senior Counsel. Assault charges are common in Texas. Some say it's because Texans love to fight, especially in places where alcohol flows freely. And while that's true, the reality is that misdemeanor charges cover a wide range of behaviors that don't involve swinging or hitting. For example, in Texas, someone can be charged with a misdemeanor for spitting on someone or just threatening to harm someone, but not actually carrying it out.

In this article, the attorneys at Varghese Summersett break down the different types of misdemeanors in Texas and answer some of your most pressing questions.

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01.22 of the Texas Penal Code. A person commits misdemeanor assault in Texas if:

A person who intentionally, knowingly or negligently causes bodily harm to another person is charged with assault causing bodily harm. The critical element is physical injury. In Texas, bodily injury is defined as physical pain, illness, or physical impairment. Any amount of pain, no matter how slight, is enough to qualify as a legal bodily injury. However, an alleged victim merely claiming to be uncomfortable will not be sufficient for an ABI charge.

Assault causing bodily harm is a Class A misdemeanor in Texas and is punishable by up to a year in jail and a $4,000 fine.

Assault Bodily injury to a family member (or family members) is the same as normal ABI, except that the alleged victim is a family member of the perpetrator. In Texas, family/household members include:

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Assault causing bodily injury to a family member is a Class A misdemeanor punishable by up to one year in prison and a $4,000 fine if the defendant has no prior domestic violence convictions. However, the charge can be upgraded to a felony if there is a previous conviction for domestic violence, or if it involves strangulation of a family member or the use of a weapon.

Assault by contact is when someone intentionally or knowingly contacts another person in a way that is reasonably offensive or provocative. For example, someone is spat on or poked in the chest. Although it may not cause physical injury, aggressive physical contact can still be considered abuse.

Assault by contact is a Class C misdemeanor punishable by a fine of up to $500. They will be fined $500.

Assault by threat is when someone intentionally or knowingly verbally or non-verbally threatens a person with immediate physical harm. Assault by threat is a Class C misdemeanor in Texas and carries a fine of up to $500. Although jail time is not an option, a misdemeanor conviction may be.

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Class A Misdemeanor: A Class A misdemeanor is the most serious assault misdemeanor and is punishable by up to one year in prison and a $4,000 fine. If assault is committed, assault is a Class A misdemeanor. It is also a Class A misdemeanor if a certain group of the population, such as the elderly, has been threatened with bodily harm.

Class B Misdemeanor: A Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000. Although rare, a Class B infraction in Texas is defined as a non-sportsperson who threatens bodily harm to an athlete or makes offensive contact with an athlete.

Class C misdemeanor: Class C is punishable by a fine of up to $500. Jail is not an option. Class C assault or threat of assault or making violent contact with someone.

In addition to the above penalties, persons accused of misdemeanor abuse are also subject to additional consequences. For example, a person convicted of ABI-FM loses the right to carry a firearm after being convicted.

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Being accused of a misdemeanor does not mean that they are guilty. A number of defenses may be used in the event of an attack, including self-defense, defense of others, defense of property, duress, and necessity.

I hope not. While jail time is possible if you are charged with anything other than a Class C misdemeanor, the goal would be to avoid jail time for a first-time assault. An experienced defense attorney will develop a strategy that will hopefully result in dismissal, probation, deferred probation, or a diversion program.

In Texas, the law allows two people to fight each other. According to Texas Penal Code Section 22.06, a person is involved in a mutual fight if the contact did not cause or threaten serious bodily injury, or if the alleged victim engaged in it despite having knowledge of the danger because of his occupation.

Thus, if two people engage in a fistfight that did not result in serious bodily injury and there was a reasonable agreement based on words or body language, the mutual combat defense applies. However, if there was serious bodily harm or the fight was unprovoked, it will likely not be held as a head-to-head fight.

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The charge of physical assault can be raised to a felony depending on the type of person abused or the method of abuse. Serious bodily harm includes harming a child, an elderly person, a person with a disability or a family member, as well as public officials such as police officers or judges. You can also be charged with a felony or aggravated assault if the assault was caused with intent or if a deadly weapon was used in the attack.

After an arrest for assault, the case is forwarded to the local district attorney's office for a criminal prosecutor's review. Usually one of three things will happen:

If the case is accepted for prosecution, you will be formally charged with assault

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