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In Texas, assault & battery charges can arise from a simple threat or argument, a fistfight or a violent attack with a dangerous weapon. Being charged with an assault & battery can be damaging both professionally and personally. The seriousness of this type of charge cannot be emphasized enough and it is important for you to hire an experienced assault and battery criminal defense lawyer. If you or someone you know has been charged with assault, contact our assault defense lawyers immediately. We will provide you with a free consultation and explain the options available in your assault case.
According to the Texas Penal Code § 22.01, a person commits assault and battery if he or she:
1. intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
2. intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
The potential punishment for an assault & battery varies on the nature of the offense. If convicted, the consequences become far more serious in situations where a weapon is used, the sustained injuries are especially severe or the assault and battery occurred during the commission of another crime.
Under Texas law, a simple assault that results in minor injuries is usually a class A misdemeanor. A class A misdemeanor carries penalties of fines of up to $4000, and up to 1 year in jail.
However, a simple assault can become a 3rd degree felony assault if:
A third degree felony offense carries a maximum penalty of 10 years in prison, and a $10,000 fine.
An assault is considered an aggravated assault if:
1. serious injury is caused, or
2. a weapon is used in committing the assault.
Aggravated assault is most often a 2nd degree felony, with possible penalties of 2-20 years in prison, and fines of up to $10,o00.
If you commit an aggravated assault against someone with whom you have a domestic relationship, or against a public official, police officer, emergency worker, security guard, witness, or informant, the charge becomes a 1st degree felony, with penalties of 5 years to life in prison.
The State of Texas has the ability to enhance an assault-family/household charge based on a prior affirmative finding of family violence. Therefore, it is important to seek the advice of a competent assault and battery criminal defense attorney.
The assault defense attorneys at Joyner + Joyner have successfully represented clients facing assault & battery charges and have assisted their clients in getting the cases dismissed.