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When Assault Becomes a Felony in Texas

 Posted on November 10, 2023 in Criminal Defense

Parker County criminal defense lawyer 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.

Simple Assault vs. Aggravated Assault

More often than not, simple assault is no more than the threat of severe bodily injury to another person. Once that threat becomes a reality, a simple assault is upgraded to aggravated assault. The use of a deadly weapon to threaten or cause serious bodily injury to another person, including a spouse, is considered aggravated assault that will typically carry a Class 2 felony charge. The felony charges can rise to a Class 1 felony if an individual uses a deadly weapon to commit the assault and:

  • Causes a traumatic brain injury that results in a vegetative state or coma
  • It is done against someone the actor has/had a romantic relationship with or family or household members

A Class 1 felony is guaranteed if the aggravated assault was committed against:

  • A public servant discharging an official duty
  • A public servant acting under their employ
  • A public servant in retaliation for performing or discharging an official duty
  • A witness in retaliation for witnessing or reporting a crime
  • A process server
  • A security officer
  • A police officer

It is also considered aggravated assault if an actor is inside a motor vehicle and:

  • Knowingly discharges a firearm in the direction of a person, building, home, or other vehicle
  • Reckless discharge of a firearm toward a person, building, home, or other vehicle
  • Causes serious bodily injury with the firearm to another person

Contact a Parker County, TX Criminal Defense Attorney

If you feel that you have been falsely accused or simply need a solid defense mounted on your behalf for the charges of assault, contact the firm of Soraya Joslin, P.C.. Our office can provide a compassionate Weatherford, TX assault defense lawyer with many years of experience handling such cases. You can reach the office at 817-599-7005 for a free consultation and a discussion on how we can help with your legal queries.

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