What Are Assaultive Offenses In Texas?
If you are facing misdemeanor charges for an assaultive offense in Texas, it is important to understand that there are different types of assaultive offenses under the Texas Penal Code. Accordingly, if you are interrogated about an assaultive offense, or arrested for an assaultive offense, you should know that the defense strategy you rely upon will need to be based on the specific type of assaultive offense allegations you are facing. You could indeed be facing charges for “assault,” but there are many different kinds of assaultive offenses that can result in misdemeanor charges.
Our Temple assault lawyers can tell you more about the different kinds of charges under Texas law, and we can work with you to develop a strong defense strategy that is tailored to the type of assaultive offense charges you are currently facing.
Assault as an Offense Under the Texas Penal Code
Assault is one type of many assaultive offenses listed under Chapter 22 of the Texas Penal Code. A person can face charges for assault if one of the following is true of the person’s actions, as cited by Texas law:
- Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- 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 and provocative.
As you can see, assault under Texas law includes elements of both assault and battery as they are defined by other states. In most cases, and for first-time offenders, assault is a Class A misdemeanor.
Sexual Assault is a Type of Assaultive Offense
Sexual assault is a different charge from assault under Texas law, but it is nonetheless still a type of assaultive offense. There are some similarities between assault and sexual assault charges in that both require a showing that the person intentionally or knowingly engaged in certain behavior. However, sexual assault requires a showing of sexual contact or penetration. Sexual assault also starts as a second-degree felony.
Misdemeanor Assaultive Offenses
Beyond the offense of assault, there are a number of other types of assaultive offenses that can result in misdemeanor charges in Texas. Some of them might not immediately seem like assaultive offenses, but they do receive this classification under the Texas Penal Code. Some examples of those offenses include:
- Indecent assault, which is a specific offense used to charge groping and related unwanted touching;
- Injury to a child, elderly individual, or disabled individual;
- Abandoning or endangering a child;
- Deadly conduct, which is usually charged with a person recklessly discharges a firearm;
- Aiding suicide;
- Tampering with a consumer product; and
- Leaving a child in a vehicle.
The particular type of assaultive offense charges you are facing will determine how you plan for your defense.
Contact a Texas Assault Defense Attorney
Whether you are facing misdemeanor charges for assault or another assaultive offense under the Texas Penal Code, one of our Temple assault defense attorneys can help. Contact The Law Office of Katie L. Gomez, PLLC to learn more about our defense services.