Assault is one of the most common types of criminal offenses that people in Houston are charged with. Below, we answer the most common questions about assault charges.
What Is Assault In Texas?
A person is subject to criminal assault charges under Texas Penal Code 22.01 if they intentionally, knowingly, or recklessly do any of the following:
- Causes bodily injury to another person
- Threatens someone or that person’s spouse
- Causes provocative or offensive physical contact with another person
Are Assault Charges Felonies Or Misdemeanors?
Most assault charges in Texas are considered misdemeanors. However, assault can be charged as a third-degree felony if the crime is committed against:
- A public servant who is lawfully completing an official duty
- A victim of dating or family violence or family members, including former spouses, foster children, foster parents, and co-parents of the same child when the defendant has previously been convicted of dating or family violence or the assault involved cutting off the victim’s circulation
- A government contractor who is performing their contractual service
- A security officer performing their job duties
- Emergency service personnel who are working in that capacity at the time of the assault
- A pregnant person
The crime is classified as a second-degree felony when it is committed against certain individuals, such as a peace officer or judge.
What Are Possible Defenses To Assault?
There may be a variety of defenses that defendants can raise, depending on the circumstances surrounding the offense. A Houston criminal defense lawyer can help evaluate defenses such as:
Self-defense – Some assault charges arise out of situations involving fights between two or more people or situations in which the alleged victim is actually the offender. Texas law permits a person to defend themselves.
Defense of others – If the alleged victim threatened or caused harm to the defendant’s loved one and the defendant responded, the defense of others may be a viable defense.
Accident – Assault involves a certain mental state to commit the offense. If this offense was lacking, such as accidentally causing harm, this may be a viable defense.
Impairment – Because a specific mental state is required to commit the offense of assault if a person was impaired by drugs or alcohol, they may not have been able to form this mental state.
Can I Face Assault Charges And Weapons Charges For The Same Offense?
The Texas law regarding assault charges does not preclude the prosecutor from filing other charges against you that apply, such as weapon charges. Additionally, displaying or using a weapon during an assault can subject you to aggravated assault charges, which carry stiffer penalties.
Contact Vinas & Graham For Help With Your Assault Case
Vinas & Graham is your Houston criminal defense firm to protect you if you are facing criminal charges, including assault charges or weapons charges. We will work to vigorously defend your rights. We are former felony chief prosecutors, so we have an insider’s knowledge of how the other side works and the tactics they will use. We put this invaluable experience to work for you. We encourage you to follow us on Facebook and to contact us for a confidential consultation.
