A Resource Guide for People Facing Assault Charges In Texas
Assault charges in Texas are serious and potentially life-changing. In this resource guide for individuals accused of assault, I will break down what you need to know to secure the best possible legal outcome.
Then, I’ll be providing simple definitions of the different types of assault charges and their associated penalties. We’ll look into one potential defense strategy at the end of the article. A full article on defense strategies will be uploaded soon, so stay tuned. You can also visit our services page for information on misdemeanor charges, assault, and weapons crimes.
Don’t talk to the police. Contact an attorney.
When you’re charged with assault, it’s easy to hear police and detectives talking about how they’re your best friend. That’s not true. See, the police’s job is to gather information, and what you tell them can only be used against you in court; it cannot be used to exonerate you.
“If you play ball, I can do something for you.” “We can take care of this right now and let you get on with your life.” “Come clean, and I’ll help you out.”
All of these statements are categorical lies. So, there’s one action you can take: don’t talk. Hear that? Don’t talk. If you’re talking, stop talking. Tune them out and repeat this: “I will not speak until an attorney is present.”
(See our article on drug charges to learn more about the methods and tactics law enforcement use to get you to unknowingly incriminate yourself.)
How is assault defined in Texas law?
According to the Texas Penal Code, Chapter 22, a person may be charged with assault if they intentionally, knowingly, or recklessly cause bodily injury; threaten bodily injury; or intentionally cause physical contact while knowing that the other will regard the contact as offensive or provocative.
Let’s take a look at the types of assault charges in Texas.
Factors that determine which charge is applicable include who you allegedly assaulted, the context within which the alleged assault occurred, and whether a weapon was used.
Class C Misdemeanor Assault
Assault charges involving bodily contact but no injury.
A Class C misdemeanor is the least serious assault charge an individual can be accused of perpetrating.
You may know it as “low-level assault” or “simple assault.” These charges involve situations where no bodily injury is inflicted.
One example would be threatening someone by poking them on the chest.
What penalties do you face if convicted?
The maximum penalty is a fine of up to $500 if convicted. Class C misdemeanors do not carry jail time.
Class B Misdemeanor Assault
A rare assault charge that involves retaliation against an athlete by non-participants in the sporting event.
Again, this is a specific and rarely litigated assault charge based on a section of the Texas Penal Code written specifically to protect athletes from non-athletes during sporting events.
Think about a dad attacking a high school football player for a perceived cheap shot on the field, or even an object thrown at a player from the stands, provided it caused injury.
What penalties do you face if convicted?
A Class B misdemeanor is punishable by a maximum of 180 days in jail and a fine of up to $2,000, or both.
Class A Misdemeanor Assault
Assault charges alleging bodily injury.
Class A charges are for assaults that cause bodily injury to family members, members of a household, or a romantic partner. It’s the most common form of assault.
What penalties do you face if convicted?
A conviction can result in a maximum of 365 days in jail and a fine of up to $4,000.
Third-Degree Felony Assault
Class A misdemeanor assault perpetrated against a public servant.
Assault charges can rise from a Class A misdemeanor to a third-degree felony if the victim is a member of a protected class, which includes the following:
- On-duty security officers and emergency workers
- Public servants
- Government employees
- Hospital personnel while on hospital property
It’s important to understand that third-degree felony assault applies to harm or bodily injury related to retaliation against an agent of the government for his or her conducting duties, whether it be providing emergency services, carrying out a contract, or any exercise of official power.
What penalties do you face if convicted?
A third-degree felony is punishable by 2 – 10 years in prison and a fine of up to $10,000 under Texas Penal Code Section 12.34.
Second-Degree Felony Assault
Otherwise known as aggravated assault, second-degree assault charges allege the use of a weapon during the commission of the assault.
Second-degree felony assault is interchangeable, for the most part, with “aggravated assault.” Aggravated assault charges may be filed if prosecutors believe an individual has committed the following:
- An assault that causes serious bodily harm
- An assault that involves the use of a deadly weapon
Now, it’s important to remember that either alleged offense may earn an individual a second-degree felony assault charge.
What penalties do you face if convicted?
The penalty is 2 – 20 years in prison, and, like the third-degree charge, it carries a fine of up to $10,000.
First-Degree Felony Assault
The most serious assault charge, alleging serious bodily injury and the use of a deadly weapon.
This charge is for the most serious felony assaults. Typically, it’s used in cases that involve both serious injury and the use of a deadly weapon, or when serious bodily harm occurs against a member of one of the protected classes listed above.
What penalties do you face if convicted?
A person convicted of first-degree felony assault faces five years to life in prison, and a fine of up to $10,000.
Let’s break down charges of Aggravated Assault with a Deadly Weapon in Texas with definitions and scenarios.
Aggravated assault with a deadly weapon (AA/DW) is a second-degree felony in which a deadly weapon is used or exhibited during an assault, which would carry a sentence of 2 – 20 years in prison. Aggravated assault with a deadly weapon can be elevated to a first-degree felony if it’s committed against a protected class of persons.
What is considered a deadly weapon in Texas?
According to Texas Penal Code, Chapter 22, Sec 1.07, a “deadly weapon” includes a firearm and any object made, designed, manufactured, or “adapted” to inflict death or serious injury.
Notably, it also includes any object that, in the manner of its use, can cause death or serious injury. So, assault charges in Texas that involve a “deadly weapon” are a bit broader than many people realize. A deadly weapon could be a hunting knife. It could also be a frying pan.
Let’s look at some examples.
An individual who shoots from a car and seriously injures a person would likely be charged. In this situation, the accused does not have to intend to cause injury; they only need to be reckless about whether the structure they shoot at could be occupied.
Or, if an individual were to attack a person with his fists, then brandish a firearm while continuing to attack the person, that could potentially be assault with a deadly weapon.
Aggravated assault with a deadly weapon may still apply to an alleged assault where the complainant sustained little to no injury or when a person threatens assault while exhibiting a deadly weapon.
What matters is the presence of a weapon—period.
Deadly Conduct charges are brought in situations that involve a weapon but do not qualify as assault.
Not all dangerous behavior involving a weapon qualifies as assault. Deadly conduct is a separate charge that applies when someone fires a gun recklessly or puts others in danger without specifically targeting them.
Deadly conduct doesn’t require injury or even intent to harm; there just needs to be reckless behavior with a deadly weapon.
Mutual combat is a viable defense.
If everyone involved is choosing to engage in a fight, participants may not be found guilty of assault. In Texas, a person charged with assault may argue that the alleged victim was aware of the risks but still consented to the fight.
The best chance of succeeding with the mutual combat defense happens when there’s no serious bodily injury and no weapon is involved. However, once multiple or contradictory factors come into play, the situation becomes more complicated. It’s time to contact an attorney.
Get help now from Gold Legal, PLLC.
If you’re facing assault charges in Texas, you need quality legal representation. We’re a seasoned criminal defense firm with a proven track record of success here to fight for your rights every step of the way. If you’re concerned about financial issues, please don’t hesitate to discuss our payment plans with us.
Contact us today to discuss your case.
— Kandi Gilder, Attorney at Law