Assault is one of the most common criminal charges filed in Texas. Because it is a violent crime, it is taken very seriously, especially if a weapon is involved. Assault charges can result from a seemingly minor threat of bodily harm to someone else, including a family member. So while it is understood that disagreements can become tense, when one or both parties’ actions bring about aggression and harm, legal action may result.
You can be found guilty of assault even if you didn’t physically touch the victim, because simply the threat of a violent attack, with or without the involvement of a dangerous weapon, can be considered assault. In other words, under Texas law, an individual can be charged with assault even if no physical contact between parties actually occurs.
There are several different types of assault. The severity of the charge and the possible punishment depends on the circumstances involved. The most common forms of misdemeanor assault are:
- Simple Assault occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another person; intentionally or knowingly threatens another person with imminent bodily injury; or intentionally or knowingly causes physical contact the offender knows or reasonably should know the victim will find provocative or offensive.
- Domestic Assault occurs when both the offender and the victim are members of the same family or household. Domestic assault can be either a misdemeanor or felony, depending on your criminal history.
Penalties for Simple Assault in Texas
A person convicted of a misdemeanor assault in the state of Texas faces the following possible penalties:
- Class A misdemeanor: up to one year in jail or a fine up to $4,000, or both
- Class B misdemeanor: up to 180 days in jail or a fine up to $2,000, or both, and
- Class C misdemeanor: a fine up to $500.
Houston Assault Defense Lawyers
If you have been arrested or charged with an assault offense, contact Rubin Law Firm, PLLC. We take your assault charges seriously and fight to protect your constitutional rights. James Rubin is an aggressive trial lawyer that will fight for you from day one to get the best possible resolution for your case.