Is Assault a Misdemeanor or Felony in Texas?

 Posted on March 29, 2023 in Criminal Defense

Anything from a drunken argument at a bar to a heated family dispute can lead to charges for assault. In Texas, assault refers to intentional physical contact that is offensive or provocative. Many people are surprised to learn that they can be charged with assault even if the other person was not severely injured. Assault is usually a misdemeanor but it can be a felony in some circumstances. In some cases, assault can lead to significant jail time.

What a Prosecutor Must Prove to Secure an Assault Conviction

Assault charges often follow fights or physical altercations. In many cases, a person is charged with both assault and battery, but these are two separate offenses.

To secure a conviction for assault, a prosecutor must demonstrate that an individual:

• Willingly or recklessly caused another person harm

• Intentionally threatened someone with physical harm

• Intentionally contacted someone in a provocative or offensive way

Poking someone in the chest, raising a fist as if to strike someone, or verbally threatening someone are all actions that can potentially lead to assault charges. If no injury occurs, assault is a Class C misdemeanor punishable by a moderate fine. However, if physical harm results from the alleged assault or the assault was against an elderly or disabled person, the offense is a Class A misdemeanor with the potential for jail time.

Aggravated Assault is a Felony Offense

Assault can be elevated to aggravated assault if certain conditions are present. For example, if the alleged offender possessed a firearm or other deadly weapon during the assault, this can be considered aggravated assault. Assault leading to serious bodily injury is also considered aggravated assault.

Aggravated assault is usually a second-degree felony and the potential prison time for a conviction is two to twenty years. Aggravated assault can be a first-degree felony if:

• The alleged assault took place against a family or household member.

• A deadly weapon was used to inflict serious bodily injury, such as a gunshot wound.

• The assault was committed against a public servant or witness in a criminal case.

First-degree assault has a minimum prison sentence of five years and a maximum of 99 years.

Contact our Austin Assault Defense Lawyers for Help

Depending on the type of injuries resulting from an alleged assault, the identify of the victim, and other circumstances, assault can be anywhere from a Class C misdemeanor to a first-degree felony.

If you or a loved one were charged with assault, it is crucial that you secure dependable legal counsel. Call the skilled Travis County criminal defense attorneys at Morales Law Office, Attorneys at Law, PLLC. for help today at 512-474-2222.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm