Assault accusations are serious in the state of Texas. Simple assault is usually just a misdemeanor but can quickly become a felony, depending on the circumstances. Understanding how and why you receive a felony assault charge can go a long way in figuring out how to defend yourself. A skilled attorney with experience in assault charge defenses is a great first step toward getting the help you need.

What is Assault?

Simple assault is a misdemeanor offense that occurs when an individual intentionally, knowingly, or recklessly commits bodily harm or injury to another individual, which includes their spouse. Additional assault is outlined as “intentionally or knowingly threatening bodily injury or doing so to provoke or offend.” A simple assault charge will normally be categorized as a Class C misdemeanor.

Misdemeanor to Felony

A misdemeanor charge can quickly become a felony charge if any of the above assault outlines are inflicted on specific individuals. Committing assault on a public servant who is performing or discharging an official duty can carry a Class 3 felony charge. The same can be said for assault on a police officer or security officer. Repeat offenses against family members can also carry a felony charge for assault.

Sexual assault accusations can carry with them many future complications for the accused. Even without evidence, a simple accusation can mar a person’s reputation for life. In Texas, the burden of proof falls on the prosecution to prove beyond a reasonable doubt that the accused committed the act. A good criminal defense attorney with experience in sex crimes can provide the defense you would need to fight the charges.

The Meaning of Consent in Texas

Any sexual acts committed in the state of Texas require the consent of both parties involved. Consent is the approval or agreement to commit a sexual act or acts. Without consent, what would normally be considered an acceptable act may now be considered a crime. Being able to distinguish between apparent consent and a lack of consent is important for avoiding legal trouble altogether.

The Age of Consent in Texas

17 years of age is the magical number for giving legal consent in the state of Texas. So, sex with anyone falling under this age limit is normally considered a crime. Though not expressly labeled as such, Texas does have provisions that include what most states call “Romeo and Juliet” laws. A person of 14 years of age can engage in sexual activity with another person who is between the ages of 14 and 17. Any sexual activity with a person under the age of 14 years old is automatically considered a sex crime.

Assault and battery are two closely related crimes, but there is a difference between them. Assault only requires the threat of violence, while battery, or aggravated assault, requires intentional and seriously harmful physical contact.

In Texas, assault is defined as "intentionally, knowingly, or recklessly threatening or causing bodily harm." Aggravated assault adds to this definition through “serious bodily injury and use or exhibit of a deadly weapon."

Regardless of whether you have been charged with assault, aggravated assault, or both, it is important to speak to an attorney. They can help you understand the charges, mount a defense, and protect your rights under the law.

The Sixth Amendment gives you legal rights as a defendant once you are in the criminal justice system. These are protections that govern both the timing of the trial and what you can do to defend yourself from the charges. If the prosecution violates these rights, it could mean that you could successfully challenge any conviction on appeal. Here are some of your major rights according to the Sixth Amendment.

The Right to a Speedy Trial

In general, the accused has the right to a “speedy” trial. The Constitution does not give an exact timeframe for what is considered speedy, but appellate courts usually consider:

• The length of the delay for a trial

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When a driver is pulled over by police on suspicion of driving under the influence, there are certain steps the officer will take in order to make that determination. One of the tools that law enforcement will use is requesting that the driver submit to field sobriety tests. This is especially true if there is no odor of alcohol, open container, or any other obvious signs that the driver had been drinking. If the driver submits to these tests and fails (in the officer’s opinion), the officer now has grounds to demand the driver submit to a breathalyzer test.

The following is a brief overview of those tests. If you have been charged with drunk driving, make sure you contact a DWI defense attorney right away.

Walk and Turn

For the walk and turn test, the driver is asked to take nine steps, heel to toe, in a straight line, with their arms to the side, then turn around and take nine steps back. The officer will look for specific clues that suggest the driver is impaired, such as stumbling, swaying, or losing balance.