In Texas, an assault offense has occurred if:
Someone has recklessly or intentionally caused an injury or physical harm
Someone has intentionally threatened physical harm
Someone has intentionally used provocative or offensive physical contact against another person
Texas assault charges can result in substantial fines and time spent in jail, even for confrontations that may not initially seem violent or serious. If you have been accused of assault, contact a defense attorney. The Georgetown, Texas, offices of Mark Morales & Associates are open to you, and we also have two other Texas locations to serve you. Contact us today for a consultation.
Types of Assault Charges in Texas
In Texas, assault changes can range from misdemeanors to felonies. There are types of assault offense charges in Texas:
Class C Misdemeanor Assault: If someone physically touches someone in an offensive or provocative manner or threatens harm or injury but no physical injury occurs, an assault may be a Class C misdemeanor. This can result in fines of up to $500.
Class B Misdemeanor Assault: This classification refers specifically to sports situations. If a person assaults a participant in retaliation for a sport event or during a sport, it is a Class B misdemeanor. This classification does not refer to sport participants. If a football player tackles another player during a game, for example, this is not assault. Instead, this charge protects umpires, referees, players and others who are doing their duties and protects players from angry nonparticipants. This charge can result in up to six months in prison and fines of up to $2,000.
Class A Misdemeanor Assault: A class A misdemeanor in Texas is any assault resulting in physical harm and any assault against an elderly or disabled person — even if such an assault does not result in injury — is a Class A misdemeanor. This charge can mean penalties of up to one year in prison and fines of up to $4,000.
Third-Degree Felony Assault: This charge can happen if a person physically harms a public servant, family member, date, household member, government contractor for family services, security officer or emergency services personnel. Third-degree felony assault can carry maximum charges of $10,000 in fines and between two and 10 years imprisonment.
Second-Degree Felony Assault: This is the charge usually used for aggravated assault, which is defined as an assault using or brandishing a deadly weapon or an assault causing serious bodily harm. Second-degree felony assault usually involves aggravated assault in a situation where harms a family member or dating partner and they have been convicted of assault before. Second-degree felony assault can also involve choking. Defendants face fines of up to $10,000 and prison time of two to 20 years.
First-Degree Felony Assault: This charge occurs in cases of aggravated assault against a public servant, a criminal witness or a security officer. This type of charge can also involve aggravated assault against someone who reported a crime or an informant. This charge carries maximum penalties of $10,000 in fines and a potential life sentence.
Being accused of assault is a frightening and serious legal matter. If you have been charged with assault, contact Mark Morales & Associates today for a consultation.