Which Behaviors Are Considered Assault in Texas? 

 Posted on January 11, 2023 in Violent Crimes

Understanding the behaviors that can get you in trouble for assault in Texas is important when conducting yourself within the bounds of the law. Unfortunately, if you are reading this, you are likely already facing consequences of actions that are considered assault, and you may want to know what your options are for defending yourself against the charges. To learn more about what is considered assault in Texas, read this blog and then contact experienced Texas criminal defense attorney Soraya Joslin. 

What is Considered Assault? 

Simple assault in Texas is considered any behavior that: 

• Knowingly or intentionally threatens another person with imminent bodily injury

• Intentionally, recklessly, or knowingly causes physical injury to someone

• Knowingly or intentionally contacts someone physically when the other person is likely to consider that contact provocative or offensive

This covers a wide range of behaviors, including making threats (even over the phone or by text), poking someone in the chest, spitting on someone, and more. Even behavior that you may have considered accidental or joking may be considered assault if you do not have a good defense attorney. 

The way a simple assault is charged will depend on the behavior itself. For example, causing bodily injury is a Class A misdemeanor; threatening bodily injury is a Class C misdemeanor. The first allows up to a year in jail and up to $4,000 in fines, while the latter involves no jail time and varying fines. 

Assault vs. Aggravated Assault

Not all assaultive behaviors are treated the same under Texas law. Certain behaviors are considered aggravated assault, which allows much more serious penalties. If the assault causes serious bodily injury (such as permanent scarring, broken bones, or a disability), or if the assault was committed using a weapon (such as gun, knife, crowbar, or baseball bat), the prosecutor may bring charges of aggravated assault. 

Furthermore, aggravated assault charges are allowed for people who strangle family members or intimate partners, attack a police officer or other public servant, commit the assault along with another crime, or those who have a criminal history of committing family violence. 

For the most part, aggravated assault is prosecuted as a second-degree felony, which allows between two and twenty years in prison and fines up to $10,000. However, first-degree felony assault charges can allow life in prison. 

Meet with a Knowledgeable Weatherford, TX Criminal Defense Lawyer

Soraya Joslin, P.C. worked for years as an Assistant District Attorney and understands how the criminal justice system works. If you are being charged with a DUI, assault, or any other criminal charge, contact our offices today at 817-599-7005 to schedule a free consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm