Assault is considered a violent crime. In some cases, it is defined as the intentional use of violence or force against another person, such as hitting or striking someone with a fist or object. However, in other cases, a person may be charged with assault even if they never touched the victim. In this case, assault is defined as an attempt to commit a physical attack, or intentional acts that cause another person to feel impending violence. In most cases, verbal threats will not be enough to cause an assault charge to be filed. Additional action must be taken that threatens the victim in some way.
The Role of a Victim’s Fear
When a person is in fear of violence from another person, they should have a real, genuine response to the circumstance for assault charges in Texas to be filed. The test is to see if the actions of the defendant would cause a reasonable amount of fear in the person of an immediate physical attack.
Simple or Aggravated Assault
A simple assault, which is typically charged as a misdemeanor crime, is considered the least serious type of assault charge. It usually includes a limited threat of violence or a minor injury. Some examples of simple assault include causing a feeling of fear in another person, threatening to harm someone physically, an actual physical attack, a slap, hit, punch, etc.
Aggravated assault typically involves circumstances that make the crime more serious in nature. This type of assault is committed when a deadly weapon is used and causes serious injury that requires the victim to have to go to the hospital or undergo surgery.
Regardless of if a person is facing simple or aggravated assault charges, it is a good idea to seek the counsel of a criminal defense attorney. This individual can help someone charged with these crimes understand the consequences they are facing. In some situations, they may also be able to have the charges being faced reduced. Remember, not all attorneys are created equal so it is a good idea to find one with a good reputation in the community. Doing so will help ensure the best outcome for the situation is achieved.
