What is Assault Under Texas Law?

Assault in Texas refers to intentionally or knowingly causing harm to another person or threatening them with harm. Texas law categorizes assault offenses into different degrees, each carrying different legal consequences.

Types of Assault Charges

1. Simple Assault
   Typically involves causing bodily injury to another person.
   
   

2. Aggravated Assault
   Involves the use of a weapon or causing serious injury.
   
   

3. Domestic Assault
   Involves assaulting someone with whom the accused has a familial or intimate relationship.
   
   

4. Assault on a Public Servant
   Assaulting a police officer or other government worker.

Each of these categories has unique implications for the penalties a person might face.

Penalties for Simple Assault
In Texas, simple assault is considered a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. If the assault was committed in a manner that causes minimal or no injury, it is generally classified as a misdemeanor. However, if you have prior convictions or if there are aggravating factors involved, the penalty could be more severe.

Penalties for Aggravated Assault
Aggravated assault involves causing serious bodily injury or using a deadly weapon. This is considered a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000. If the assault was committed against a public servant or with a firearm, the penalties could be even harsher.

Penalties for Domestic Assault
Domestic assault charges in Texas can lead to severe penalties, especially if the victim is a family member or partner. This type of assault may result in a Class A misdemeanor or even a third-degree felony if it’s a repeated offense or if a serious injury occurs. Penalties can include imprisonment and mandatory counseling, and a conviction could lead to a permanent criminal record.

Penalties for Assault on a Public Servant
Assaulting a public servant, such as a police officer or firefighter, is considered a third-degree felony in Texas. This can lead to a prison sentence of 2 to 10 years and fines. These charges are treated very seriously, and the legal system will not hesitate to impose harsh penalties.

Factors That Can Affect Penalties
Several factors can influence the severity of penalties for assault in Texas:

1. Past Criminal Record – Repeat offenders face more severe penalties.

2. Intent and Severity of Injury – The more harm caused, the harsher the penalty.

3. Victim’s Status – Assault on vulnerable individuals, such as children or the elderly, can result in more severe charges.
   
   

Consequences Beyond Legal Penalties
The penalties for assault can go beyond jail time or fines. A conviction can result in permanent criminal records, which can make it difficult to find employment or housing. Additionally, you may face social stigma, strained relationships, and the loss of certain civil rights.

Why You Need a Criminal Defense Attorney
If you’ve been charged with assault, having an experienced criminal defense attorney on your side is critical. A skilled attorney, like Robert Barrera Arellano, can help ensure that your rights are protected, reduce the likelihood of severe penalties, and possibly get charges dropped or reduced. The right legal representation can also provide peace of mind during this stressful time.

What to Do If You’re Charged with Assault
If you find yourself facing an assault charge, it’s important to take immediate action:

1. Contact an Attorney – Never speak to the police without legal representation.

2. Do Not Contact the Victim – Contacting the alleged victim may worsen the situation.

3. Gather Evidence – Work with your attorney to gather all possible evidence in your favor.
   
   

The Role of Legal Counsel in Your Defense
An experienced defense lawyer can explore various legal defenses to minimize or eliminate the charges against you. Some common defenses include:

1. Self-Defense – You were protecting yourself or others.

2. Lack of Intent – You didn’t intend to harm the victim.

3. False Allegations – The charges are based on fabricated claims.
   
   

What to Expect During Your Trial
During your trial, your attorney will represent your interests, cross-examine witnesses, and present evidence. Your trial may involve:

• Jury selection

• Opening statements

• Examination of evidence

• Closing arguments

It’s essential to trust your attorney and stay informed throughout the trial process.

Can You Avoid a Criminal Record?
In some cases, it is possible to avoid a criminal record. Your attorney may be able to negotiate alternatives to conviction, such as:

• Deferred adjudication – A form of probation that avoids a conviction if completed successfully.

• Pretrial diversion programs – Programs that lead to the dismissal of charges upon successful completion.