Ways to Commit Assault in Texas

 

A person can be convicted for assault in Texas if they:

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1. Intentionally, or recklessly cause bodily injury to another person.

2. Intentionally threaten someone with physical harm.

3. Intentionally cause physical contact that is offensive or provocative.

 

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How Assault is Classified and Penalized in Texas

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• Class C Misdemeanor Assault (Fines up to $500): Physically touching someone in an offensive or provocative manner but no pain or physical injury occurs.

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• Class B Misdemeanor Assault (Up to 6 Months in Prison and Fines up to $2,000): Assaulting a participant in relation to a sporting event or during a sporting event. This classification does not refer to participants of the event but to the spectators and nonparticipants. This charge protects umpires, referees, players and others who are doing their duties and protects players from angry nonparticipants

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• Class A Misdemeanor Assault (Up to 1 Year in Prison and Fines up to $4,000): Assault resulting in pain, physical harm, or,

  •  Non-pain causing, Class C assault but against an elderly or disabled person. Assault against an elderly person causes pain or results in injury it is a Felony.

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• Third Degree Felony Assault (2 to 10 Years in Prison and Fines up to $10,000): If a person physically harms a public servant, government contractor for family services, security officer or emergency services personnel. A person can also be charged with a 3rd degree felony if they intentionally or recklessly impede normal breathing or blood circulation by applying pressure to the neck or by blocking the mouth or nose.

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• Second Degree Felony Assault (2 to 20 Years in Prison and Fines up to $10,000): This charge is usually associated with aggravated assault, which is assault using a deadly weapon or an assault causing serious bodily harm.  If normal breathing or blood circulation is intentionally or recklessly impeded by applying pressure to the neck or by blocking the mouth or nose a person can be charged with a felony 2. Assault against a peace officer or judge while they are performing an official duty or in retaliation to a performance of an official duty  is a 2nd degree felony.

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• First Degree Felony Assault (5 Years to Life in Prison and Fines up to $10,000): Aggravated assault against a public servant, security officer, informant or criminal witness, or aggravated assault with a deadly weapon and serious bodily injury.

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Domestic Violence / Assault Family Violence Allegations

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Family Violence allegations can have a lasting effect both on your criminal record and in dealing with divorce/child custody issues. A finding of Family Violence is a federal finding and can keep you from owning or possessing (being in the care, custody, or control of) a firearm or gun and can severely and negatively impact any child custody proceeding. It is of the utmost importance you contact an attorney experienced in dealing with domestic violence cases if you or someone you love is facing these allegations

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• Assault Family Violence (No-pain contact): Class C Misdemeanor

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• Assault Family Violence (Contact causes pain): Class A Misdemeanor

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• Continuous Assault Family Violence: Two or more instances of family violence in 12 months or less – 3rd degree felony

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• Assault Family Violence Impeding Breath: Any assault family violence from Misdemeanor Class C and up in which breath or blood flow is impeded – choking, strangulation, choke hold, etc all qualify as impeding breath or blood flow – 3rd Degree Felony or higher

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• Aggravated Assault Family Violence with Deadly Weapon: Use or Exhibit Deadly Weapon - 2nd Degree Felony or higher

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• Aggravated Assault Family Violence Deadly Weapon Serious Bodily Injury: 1st Degree Felony
   

 

Family Member: Any person who is related by blood, or any person who is in a dating relationship with you or was in a dating relationship with you, his or her ex or current boyfriends/girlfriends can also be included as “family members”

 

Domestic Violence Related Offenses can Include:

 

• Interfering with Emergency Call: cutting off a 9-1-1 call from another person or taking their phone during attempt to call

• Harassment: Continued contact with intent to annoy, harass, or alarm – this can be personal Messages, PMs, Text messages, Calls, Calling and hanging up, or any continued communication

• Stalking: Repeated conduct which reasonably places someone in fear of harm, or in fear of a family member's harm

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