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Montgomery County Assault Attorneys
What is an Assault in Texas?
Texas defines assault under Chapter 22 of the Penal Code. An assault can occur in the following ways:
- By intentionally, knowingly, or recklessly causing bodily injury to the alleged victim, including a spouse
- By intentionally or knowingly threatening the alleged victim with imminent bodily injury, including a spouse
- By intentionally or knowingly causing physical contact with the alleged victim when you knew or should reasonably have understood that the contact would be viewed as offensive or provocative
Simple assault is generally charged when the alleged victim has suffered no injuries or only minor injuries. When an assault causes an alleged victim to suffer a serious bodily injury or a deadly weapon is used or exhibited during the assault, then the person could be charged with felony aggravated assault.
A misdemeanor assault charge can range from a class C misdemeanor, which is punishable by up to a $500 fine to a class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine, to a class A misdemeanor punishable by up to 1 year in the county jail and a $4,000 fine. Further, if the alleged victim is a family member or lives with you, an assault charge can also carry enhanced felony punishment risk in the future and consequences regarding your ability to possess a firearm.
Felony Assault
Assaulting someone in a protected class that results in injury can raise the raise the charge to a felony. This means that if you assault a police officer, firefighter, other public servants, a pregnant woman, or are found to have repeatedly assaulted a family member in domestic violence, you can face time in prison. A third degree felony punishment range can include a minimum of two and up to a maximum of 10 years in prison and up to a $10,000 fine.
Aggravated assault also involves causing serious bodily injury to the victim or using or exhibiting a deadly weapon that can lead to such injury. These crimes are charged as second-degree or first-degree felonies based on the circumstances of the event. A second-degree felony assault is punishable by two to 20 years in prison and a fine of up to $10,000. A first-degree felony assault is punishable by up to life in prison and a fine of up to $10,000.
Assault
A person commits a class A assault if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.
A class A misdemeanor assault is punishable by up to 1 year in the county jail and a $4,000 fine.
A class A misdemeanor assault can also include a finding of family violence if it was committed against a family member, a person they are living within the same dwelling, or a person with whom the accused was in a dating relationship.
Assault Family Violence
Family Violence means:
an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
- abuse by a member of a family or household toward a child of the family or household; or
- dating violence.
Whether an assault case is a misdemeanor or felony, if it involves family violence then the outcome of the case could have an impact on you ability to possess a firearm. In addition, if a person has a previous probation or conviction for a misdemeanor assault charge involving family violence that charge can used to enhance a future misdemeanor assault charge involving family violence to a third degree felony. A third degree felony is punishable from a minimum of 2 up to a maximum of 10 years in prison and a $10,00 fine.
Aggravated Assault
Aggravated Assault is a felony charge that can involve an assault that causes serious bodily injury or an assault where a deadly weapon is used or exhibited.
Serious bodily injury is bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
A deadly weapon is a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
A charge of Aggravated Assault causing serious bodily injury or an Aggravated Assault with Deadly Weapon is a second degree felony and is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine. Aggravated Assault can also be charged as a first degree felony if other circumstances are met. A first degree felony is punishable from a minimum of 5 years and up to a maximum of 99 years or life in prison and a $10,000 fine.
Continuous Family Violence
A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an assault causing bodily injury against a family member, a person they are living within the same dwelling, or a person with whom the accused was in a dating relationship.
Continuous Family Violence is a third degree felony offense and is punishable from a minimum of 2 years and up to a maximum of 10 years in prison and a $10,000 fine.
Assault Peace Officer and Assault Public Servant
An assault causing bodily injury that is committed against a peace officer is a second degree felony and punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine.
An assault causing bodily injury that is committed against a:
- public servant while the public servant is discharging an official duty
- security officer
- emergency services personnel
- process server
- pregnant person
- hospital personnel
is a third degree felony and punishable from a minimum of 2 years and up to a maximum of 10 years in prison and a $10,000 fine.
Injury to a Child, Elderly, or Disabled Individual
A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
- serious bodily injury;
- serious mental deficiency, impairment, or injury; or
- bodily injury.
A child is a person 14 years of age or younger.
An elderly individual is a person 65 years of age or older.
A disabled individual is a person with one or more of the following:
- autism spectrum disorder
- developmental disability
- intellectual disability
- severe emotional disturbance
- traumatic brain injury, or
- mental illness
It can also include a person who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.
This offense can range from a state jail felony, to a third degree felony, to a second degree felony, or all the way up to a first degree felony depending on the allegations. A state jail felony is punishable from a minimum of 6 months up to a maximum of 2 years in state jail prison and a $10,000 fine. A third degree felony offense is punishable from a minimum of 2 years and up to a maximum of 10 years in prison and a $10,000 fine. A second degree felony offense is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine. A first degree felony offense is punishable from a minimum of 5 years and up to a maximum of 99 years or life in prison and a $10,000 fine.
Fail to Stop and Render Aid
The operator of a vehicle involved in a collision that results or is reasonably likely to result in injury to or death of a person shall:
- immediately stop the vehicle at the scene of the collision or as close to the scene as possible;
- immediately return to the scene of the collision if the vehicle is not stopped at the scene of the collision;
- immediately determine whether a person is involved in the collision, and if a person is involved in the collision, whether that person requires aid; and
- remain at the scene of the collision until the operator complies with the requirements of Section 550.023.
A person commits an offense if the person does not stop or does not comply with the requirements of this section.
An offense involving a collision resulting in:
- death of a person is a felony of the second degree; or
- serious bodily injury to a person is a felony of the third degree.
A third degree felony offense and is punishable from a minimum of 2 years and up to a maximum of 10 years in prison and a $10,000 fine. A second degree felony offense and is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine.
An offense involving a collision resulting in injury not involving the death of a person or serious bodily injury is punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year, a fine not to exceed $5,000, or both the fine and the imprisonment or confinement.
Class C Assault
A class C assault can occur if a person:
- intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
- intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
A class C misdemeanor assault is punishable by up to a $500 fine.
However, a class C assault can become a class A misdemeanor if committed against an elderly person.
A class C assault can also include a finding of family violence if it was committed against a family member, a person they are living with, or a person with whom the accused was in a dating relationship.