Under Texas law, assault involves deliberately or recklessly causing bodily injury, threatening to injure another person, or making offensive or provocative physical contact. Aggravated assault is similar, but may involve causing serious or permanent injury, using a deadly weapon, or injuring or threatening to injure a domestic partner. Other factors such as age can also affect the seriousness of the charges.
In Texas, simple assault can be a misdemeanor. Aggravated assault is always a felony. Felony convictions carry serious penalties including possible prison time, voting restrictions, and loss of the right to possess a firearm. Past criminal history and other factors (such as whether the complainant was a public official) can also trigger “enhanced” penalties, which often means longer mandatory prison terms.
Defending Against Assault Charges
Not all assaults are unlawful—although you might still get arrested. It is possible to defend against an assault charge in certain situations, such as
- Self-defense (you were defending yourself)
- Mutual combat or consent (you agreed to fight another person)
- Defense of a third person (you were defending someone else)
It is also possible for officers and prosecutors to make mistakes when they investigate cases and draw up the charges. You might not even realize this without carefully reading the documents.
It’s usually not a great idea to try making any of these arguments to a judge on your own. Engage an experienced criminal defense attorney such as Brian Roberts as soon as possible. This will help you get the best outcome you can under the law, given the specific events of your case. Contact Roberts Criminal Law at (713) 237-8888 today to have Brian represent you.