Assault with bodily injury is a serious offense in Texas. Depending on the circumstances, it can be classified as either a felony or misdemeanor charge. Penalties and punishments for those found guilty of this crime will vary based on factors such as the severity of the injury, whether a deadly weapon was used, and any other aggravating factors.
By understanding the legal ramifications of this charge, individuals can make informed decisions about their case and potential defense strategies.
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Jail Times for Assault with Bodily Injury in Texas
The jail times for assault in Texas depends upon the severity of the crime. In Texas, if you are found guilty of assault with bodily injury, you could face anywhere from one (1) to twenty (20) years of imprisonment.
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The Three Different Types of Assaults You Can Be Charged with in Texas
In Texas, there are three different types of assault charges that you can be charged with in Texas:
1. Assault by Contact
Assault by contact is filed when a victim is not injured in the incident but is either threatened with violence or is offended by physical contact that has occurred.
Penalty: A conviction of assault by contact is a Class C Misdemeanor and can carry penalties of up to $500 in fines.
2. Assault with Bodily Injury
Assault with bodily injury occurs when an injury results from the incident.
Penalty: Assault with bodily injury is charged as a Class A Misdemeanor in Texas, punishable by up to one (1) year in jail and a fine of up to $4,000.
3. Aggravated Assault
Aggravated Assault is charged when the accused is alleged to have used a deadly weapon or caused serious bodily injury while committing the offense, even if it was just a threat or no serious bodily injury was actually caused.
Penalty: Aggravated assault is a felony in Texas and carries a penalty of two (2) to twenty (20) years in prison.
IMPORTANT: It is important to note that if the assault at any level occurred against a protected class, such as a senior citizen or a public servant like a firefighter, police officer, or paramedic, the charges can be upgraded to a Third Degree Felony, punishable by up to 10 years in prison and a fine of $10,000.
Additionally, domestic violence incidents can lead to increased charges and penalties for repeat offenses, including potential felony charges and firearm ownership restrictions.
Is Domestic Violence Considered a Category of Assault in Texas?
Yes, domestic violence is considered a category of assault. In the context of assault cases, domestic violence refers to incidents where the assault occurs within a domestic or familial relationship. It involves acts of violence or threats of violence against a current or former spouse, romantic partner, family member, or household member. Domestic violence can result in separate and distinct charges, with its own set of penalties and consequences.
Typically, a first count of domestic violence is categorized as a Class A misdemeanor. However, if the victim experienced choking or strangulation that impeded breath, the charge could be elevated to a felony. Subsequent arrests for domestic violence can lead to Second or even First Degree Felony charges.
It’s important to note that a domestic violence conviction carries the additional consequence of prohibiting future firearm or ammunition ownership.
Defending Against an Assault Charge: Strategies and Tactics
When facing an assault charge, it is crucial to employ effective defense strategies to protect your rights and challenge the prosecution’s case. Here are several ways to defend against an assault charge in Texas:
- Exposing weaknesses in the evidence: A skilled defense attorney will thoroughly examine the evidence, including physical exhibits and witness credibility. By identifying inconsistencies, contradictions, or flaws in the evidence, they can weaken the prosecution’s case.
- Utilizing motions strategically: Motions can be filed to your advantage. These can include requests for the court to compel the prosecutor to disclose evidence, suppress illegally obtained evidence, or dismiss the case due to lack of evidence. Skillful use of motions can significantly impact the outcome of your case.
- Negotiating plea agreements: If the evidence against you is weak, your attorney may engage in negotiations with the prosecutor to explore the possibility of a plea agreement. This can result in reduced charges or a more favorable outcome.
- Presenting legal defenses: Your defense attorney can present various legal defenses tailored to your case. These may include self-defense, arguing that you acted to protect yourself or others from harm; lack of intent or knowledge, asserting that you did not have the intention to commit an assault; absence of injuries, questioning the severity or existence of alleged injuries; or necessity, demonstrating that your actions were necessary to prevent a greater harm.
It’s important to note that the specific defense strategies employed will depend on the unique circumstances of your case. Consulting with an experienced criminal defense attorney is crucial to build a strong defense strategy and navigate the legal process effectively.
Have You Been Charged with Assault? – The Attorneys at Jack B. Carroll & Associates Can Help
If you are facing an assault charge, it is important to seek the assistance of a knowledgeable criminal defense attorney. The Houston criminal defense attorneys at Jack B. Carroll & Associates have decades of experience handling assault cases in Texas and can help you protect your rights.
Contact us today for a free case evaluation to discuss your legal options.
The last thing you want is to face an unwarranted conviction for assault. We can help defend your future. We have had success in the past in lowering and outright dismissal of assault charges.