As a way to deter sports fans from attacking referees and umpires who make bad calls, the state had to institute a specific punishment for this kind of crime. Class A misdemeanor occurs in the case of bodily injury with no aggravating factors. Overview of Drug Possession Laws in Texas. Legal services and advice may be necessary now more than ever, so please do not hesitate to call us if you have questions or need assistance. Penalties for Simple Assault in Texas A person convicted of a misdemeanor in Texas faces the following possible penalties: Class A misdemeanor – up to one year in jail or a fine up to $4000, or both Class B misdemeanor – up to 180 days in jail or a fine up to $2000, or both, and There are numerous types of assault crimes in Texas. Determined And Dedicated Criminal Defense In And Around Austin, Texas. Both, you and the person charged need to meet with the lawyer, in person, as soon as possible. Assault on a family member (first offense) is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. This charge can result in a fine of up to two thousand dollars and six months in jail. Texas recognizes three misdemeanor-level assault charges: Class A, Class B, and Class C. A felony will be labeled as an assault of the 1 st , 2 nd or 3 rd degree. The court can order a fine of up to $4,000 and up to a year in jail for a conviction. Criminal defense attorneys in San Antonio certainly have their work cut out for them. At 210 Defense we handle all kinds of criminal defense cases. The penalties can be severe, including up to 10 years in prison or a fine of up to $10,000. An assault becomes a felony when the person attacked is a: If a third-degree felony assault takes place you should definitely start looking at criminal defense attorneys in San Antonio. If your actions cause serious bodily harm to another person (including the person’s spouse) or you brandish or used a deadly weapon during the incident, then it becomes “aggravated” assault. We invite you to contact us and welcome your calls, letters and electronic mail. That is enough to be a punishable offense. Other ways to beat an assault charge in Texas. In addition, they could have intentionally threatened physical harm. All Rights Reserved. Have you been charged with assault in Texas? The punishment is up to one year in jail or prison and up to four thousand dollars in fines. When citizens are aware of their state’s most common crimes and where they occur most frequently, they can protect themselves. Now that you have a better idea of what each assault charge in Texas means, you know whether the state may have a case against you. In Texas, an assault charge can be elevated to a charge of aggravated assault if the injuries are severe or if a deadly weapon was used during the time of the assault. A Class A misdemeanor applies if bodily injury is caused, or if an elderly individual was assaulted. The information you obtain at this website is not, nor is it intended to be, legal advice. If you’ve been charged with assault, the attorneys at the Tidwell Law Firm can ensure your rights are respected and offer the best defense available under the law. This crime carries a fine of up to $500. Texas defines aggravated assault as an attack causing serious injury or involving a deadly weapon. Assault Charges. © 2021 Law Office of Alejandro Martinez, PLLC. Principal Office: 1507 N St Mary’s St, San Antonio, TX 78215. The charges will depend on the specifics of the assault in question, as well as the people involved, the attacker’s criminal record, and more. If you have been charged with an assault, you shouldn’t waste any time in hiring a lawyer. Use of this website or submission of an online form, does not create an attorney-client relationship. If you or a family member is facing Texas assault charges, learn about the penalties for various types of convictions. Second-degree felony charges apply to an assault on a peace officer or judge while on official duty or in retaliation or on account of them acting in their official capacity as a peace officer or judge. A first-degree felony can result in a minimum of five years up to life in prison. Because of the vast difference in penalties associated with [...] Each of these classes of assault has its own classification, fines, and punishments. Misdemeanor Assault Charges. To deter criminals from attacking security officers and criminal witnesses, the most severe assault charge applies specifically to them. 22.02. The type of charge that the defendant faces in court will depend on the circumstances of his or her case. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters. Assault charges in Texas often result in substantial fines and sometimes time in jail. If they are attacked the monetary penalty is still ten thousand dollars. For this reason, there is also a wide range of punishments that might be doled out for this kind of action. It also includes murderers who were charged with simultaneous felonies like robbery or sexual assault. From misdemeanors to felonies, the range of crimes that fall into the assault category is vast. Class A misdemeanors occur when physical harm is caused to another person. The problem is that assault is a criminal charge, and criminal charges in Texas aren’t brought by the victims, but rather by the authorities. This charge is used for aggravated assault which requires a deadly weapon or serious bodily harm. Texas categorizes assault as a third-degree felony that carries up to 10 years in prison when the offender knows the victim is: Second-degree felony charges apply to an assault on a peace officer or judge while on official duty or in retaliation or on account of them acting in their official capacity as a peace officer or judge. Texas Law and Sexual Assault You will find the legal definitions for various types of sexual assault in the Texas Penal Code Section 22.011 (a) (2) (A). In Texas, the definition of an assault depends on the type of assault that is committed. Also, if someone is disabled or elderly and you attack them, this is considered a Class A misdemeanor even if they are not physically injured.