Temple Assault Attorney
Assault cases in Texas run the gamut from simple bar scuffles to major violent attacks involving deadly weapons. Section 22.01 of the Texas Penal Code lays out our state’s law on criminal assault, and it carries some stiff penalties. If you’ve been picked up for hurting or threatening someone, contact our Temple assault attorney today to schedule a consultation.
Have You Committed Assault?
Under the law, assault consists of the following:
- Intentionally or knowingly making physical contact with another person which you know (or should realize) will be offensive or provocative.
- Intentionally or knowingly threatening another person with imminent bodily harm, including harm to their spouse.
- Intentionally, knowingly, or recklessly causing bodily injury to another person, including their spouse.
This law is quite broad. It covers conduct like groping or provocatively touching someone when you know they would find it offensive. It also covers situations such as punching or kicking someone, including making threats that such attacks are imminent.
Texas also has an aggravated assault law, which you can find at Section 22.02 of the Penal Code. Aggravated assault consists of causing serious bodily injury or using or exhibiting a deadly weapon during an attack. In general, aggravated assault will apply when the victim suffers more serious injuries.
What Are the Penalties for Assault?
In most cases, assault is a Class A misdemeanor which can result in up to a year in jail and a maximum $4,000 fine if convicted. When a public servant has been attacked, however, the defendant faces steeper charges: a third-degree felony, which carries 2-10 years in prison and a maximum $10,000 fine.
If you are convicted of aggravated assault, then you can expect to be charged with a second-degree felony, which carries 2-20 years in prison and a maximum $10,000 fine.
Can You Fight Assault Charges?
Yes, but your legal team needs to know as much factual detail as possible about your case. Each of our client’s has a unique situation, and your defense should be tailored to the facts as known.
In some cases, the police simply have the wrong person. The victim might misidentify you as their assailant, which isn’t at all unusual when an attack happens at night or in a large crowd. The state always has the burden of proving you committed the assault beyond a reasonable doubt, and sometimes the prosecutor’s evidence is just too weak to get the job done.
In other situations, a defendant might not have touched someone with the requisite mental state. As described above, a person who makes an offensive or provocative touching must do so with either intent or knowledge. If you negligently bumped into someone, for example, then you have not committed a crime.
Consent might also be a defense. The victim could have given you permission to touch them, in which case your conduct might not be criminal. This might be the case if you participate in a sports league where contact is part of the game—so long as your contact doesn’t exceed the bounds of what is expected.
Speak with Our Seasoned Temple Assault Attorney
One mistake should not send a person to jail. To learn more about how to defend yourself against assault charges, please contact The Law Office of Katie L. Gomez, PLLC today for a free consultation.
