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Assaultive Offenses: Assault

Texas Law defines assault as:

A person, intentionally, knowingly, or recklessly, causes bodily injury to another (including the person's spouse)
The punishment for assault varies from a 2nd degree felony down to a class A misdemeanor (assault by threats - no contact - is a class C misdemeanor)
2nd degree felony: 2-20 years, and an optional fine of up to $10,000.00
* assaults on family members
* previously convicted of assault on family members, homicide, kidnapping, indecency with a child
* strangulation
3rd degree felony: 2 - 10 years, and an optional fine of up to $10,000
* assault on public servant
* assault on family member
* previously convicted of assault on family members, homicide, kidnapping, indecency witha child, continuous violence against a family member
* strangulation
*assault on security officer
* assault on emergency services personnel
* assault on correctional officers/employees
Class A Misdemeanor: up to a year in county jail, and an optional $4,000 fine
* simple assaults
I have had many clients get an assault charge against a family member (usually wife). If this is your situation, be prepared to be subject to a PROTECTIVE ORDER issued by the judge. These protective orders usually restrain the accused from going near the home, and severely limit the amount of interaction they have with their loved ones. Protective orders will generally last 61 days from the date of issuance.
Assault charges are serious charges, and carry serious penalties. Its imperative to fight the charge from day 1.
Keep in mind also, there may be a variety of defenses you can claim. The most common example is Self Defense.
Call me if you have any questions.
Categories: Criminal Defense
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Phone: 888-869-0928