Under Texas Law, Assault charges can be divided into simple assault and aggravated assault.
Simple Assault is defined in Section 22.01(a)(1) of the Texas Penal Code and requires either bodily injury, offensive contact or a threat of imminent harm. The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony.
Aggravated Assault, under Texas law, requires serious bodily injury or the use of a deadly weapon. The punishment level for Aggravated Assault is a felony of the second degree by default, but it can be enhanced to a felony of the first degree if the Aggravated Assault (1) is a Family Violence Aggravated Assault (2) involves a peace officer or security officer or witness in one of various ways or (3) involves a motor vehicle in various ways or (4) where the individual exhibits a deadly weapon during the commission of the assault.
Most of our clients have a defense for assault offenses. A common defense is self defense. Under Texas Penal Law, “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.”
HOW DO WE HELP:
Through thorough investigative work, we review the alleged victim’s background, witnesses present, surveillance, offense report. We will discuss other possible defense options that may be available. Call us at 469-351- 9684 or Se habla espanol 972-353-4529.
An Assault charge is a serious offense. Subsequent offenses can be charged as a Felony. If you have been arrested, charged or accused of Assault, give us a call immediately. We are available 24 hours.