misdemeanor assault

Misdemeanor Assault - In Texas, misdemeanor assault is a common crime. Some would say it's because Texans like to fight, especially in places where alcohol is free. And while that may be true, the reality is that misdemeanor assault charges cover a wide variety of behaviors that don't include taking swings or throwing punches. For example, in Texas, you can be charged with misdemeanor assault for spitting on someone or simply threatening to hurt them but not actually doing so.

In this article, the attorneys at Varghese Summersett break down the different types of Texas misdemeanor assault charges and answer some of your most pressing questions.

Misdemeanor Assault

According to Section 22.01 of the Texas Penal Code, a person commits a misdemeanor in Texas if he:

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The offense of Assault Bodily Injury arises from a person knowingly, intentionally or recklessly causing bodily harm to another person. The most important thing is physical damage. In Texas, bodily injury is defined as physical pain, illness, or bodily injury. Any amount of pain, no matter how small, is sufficient to constitute legal bodily injury. However, an alleged victim citing a disorder alone will not be sufficient to charge ABI.

Assault Causing Bodily Injury is a Class A misdemeanor in Texas and is punishable by up to a year in jail and a $4,000 fine.

Assault Bodily Injury to a Family Member (or Household Member) is the same as a normal ABI, except that the accused is a family member of the offender. In Texas, family/household members include:

Assault Bodily Injury to a Family Member is a class A misdemeanor, punishable by up to one year in jail and a $4,000 fine if the defendant is not guilty of domestic violence. However, charges can be upgraded to a felony if there is a prior domestic violence charge or one involving the strangulation of a family member or the use of a weapon.

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Assault and battery occurs when someone intentionally or knowingly creates contact with another person that is offensive or reasonably irritating. Examples of this include spitting on someone or punching someone in the chest. Although it may not cause physical injury, a slap in the face can be considered an assault.

Assault is a Class C misdemeanor, punishable by a fine of up to $500. fines up to $500.

Assault and Intimidation occurs when someone willingly or knowingly threatens someone verbally or verbally, with the threat of imminent bodily harm. Assault by Threat is a Class C Misdemeanor in Texas and is punishable by a fine of up to $500. Although jail time is not an option, you may still have a felony conviction on your record.

Class A Misdemeanor: A Class A misdemeanor is the most serious assault charge and carries a maximum penalty of up to one year in jail and a $4,000 fine. Assault is classified as a Class A misdemeanor if physical injury is caused. It's also a Class A misdemeanor if bodily harm is threatened against a particular segment of the population, such as the elderly.

Assault On A Child Or Elderly Person Charges In Texas

Class B Misdemeanor: A Class B misdemeanor is punishable by up to 180 days in jail and up to $2,000 in fines. Although rare, a class B misdemeanor assault in Texas is defined as a non-sportsman threatening a sportsman with bodily harm or causing offensive contact with a sportsman.

Class C Misdemeanor: Class C is punishable by a fine of up to $500. Jail time is not an option. Class C assault involves threatening another person with physical harm or contact with another person.

Along with the penalties listed above, people charged with misdemeanor assault also face similar consequences. For example, a person convicted of ABI-FM loses their right to carry a firearm after being convicted.

Just because someone is accused of wrongful assault does not mean they are guilty. There are a number of defenses that can be raised in an assault case, including self-defense, defense of others, defense of property, duress, and necessity.

Can I Go To Jail For Assault In Texas?

I hope not. While jail time is possible if you are charged with something other than a Class C felony, the goal is to avoid jail time for a first-time assault. An experienced defense attorney develops a strategy that will lead to a dismissal, trial, retrial or diversion program.

In Texas, the law allows two people to fight together. Under Texas Penal Code section 22.06, a combatant is involved if the contact did not cause or threaten to cause serious bodily injury, or the alleged victim participated even though he knew the danger because of his job.

Therefore, if two people are in a fist fight that did not cause serious physical injury, and if there was reasonable consent based on words or body language, the defense of the fight can be used. However, if a serious physical injury were to occur or if the fight was not encouraged, it would not be considered a joint fight.

The charge of assault can be upgraded to a felony depending on the nature of the assault or the nature of the assault. Violent assault includes harming a child, an elderly person, a disabled person, or a family member, as well as public officials such as the police or judges. Additionally, you may also be charged with assault or aggravated assault or grievous bodily harm caused intentionally or if a deadly weapon was used in the attack.

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After you have been arrested for assault causing bodily harm, the case will be forwarded to the district attorney's office for a criminal investigation. Usually, one of three things will happen:

If the case is accepted for prosecution, you will be legally charged with assault and will have to appear in court. Before your first appearance, it is important to contact an experienced personal injury attorney in Fort Worth.

Police make arrests based on probable cause, not indisputable evidence. More importantly, the primary duty of the authorities is to maintain the peace and safety of the public. So, when they arrive at the scene of an alleged attack, they arrest to defuse the situation and "let the prosecutors handle it." Even good police officers and prosecutors make a lot of bad assumptions.

Prosecutors are questioning the affidavits of the accused. In their minds, victims may have motivations to fulfill the ANP and keep the prisoner out of prison: love, reconciliation, trust in money, to name a few. None of this is a reason for the prosecutor to dismiss the case. It is not uncommon for prosecutors to proceed with the case or even go to court against the wishes of the accused. Navigating the troubled waters of getting a prosecutor to dismiss a case requires knowledge and skill.

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Generally, a person's history (for better or worse) is irrelevant in the guilt-innocence phase of the trial. However, in assault cases involving allegations of domestic violence, Texas law states, "each party may present testimony or other evidence of all relevant facts and circumstances that may assist the trier of fact in determining whether the defendant committed a crime." Prosecutors often use this tone to try to provide evidence of backdoor behavior that increases the chances of the defendant being convicted. But it works both ways. The law says that "any party" can do this, so things that happened in the relationship before they were charged and after the crime can be brought to fight this crime.

While it is true that you are presumed innocent, you will be bound by certain bond conditions after your arrest, including not having contact with the victim. A common mistake is to try to take matters into your own hands to avoid commitments. There is a correct way to change the words of the clause. It takes time, but you can't get any wrong ideas while the story is waiting.

Just because you may not have done anything wrong doesn't mean you shouldn't mount an aggressive defense. Gathering resources and going to classes or doing community service to separate yourself from other defendants can make the difference between being deported or not.

Some issues are resolved quickly, but this is not always the case. In Tarrant County, it usually takes more than a year to resolve a misdemeanor assault case. Understand, however, that time is often on your side. Often, the prosecutor's case will not improve at all over time. If you want to stay the course, you can often maximize the results you're looking for - assuming you follow your lawyer's advice this time.

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If you or a loved one has been accused of wrongful assault, it is important to have an experienced attorney represent you. At Varghese Summersett, our attorneys have decades of experience on both sides of the courtroom - first as prosecutors and now as defense attorneys. We work hard on behalf of our clients and have a reputation for developing a relentless, unwavering defense strategy that produces excellent results. Call 817-203-2220 today for a free member consultation

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