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If you or someone you love has been charged with assault, it’s important to seek professional legal advice right away. An experienced criminal defense attorney will be able to assess your case, explain the charges against you, and help you decide what to do next.
Texas Assault Laws: An Overview
The Texas Penal Code defines three different types of assault: aggravated assault, deadly conduct, and terroristic threat. Each of these offenses has different definitions, penalties, and elements. In order to be convicted of any of these offenses in Texas, a prosecutor must prove that the defendant committed an act that caused someone else to fear for their safety. The following is a brief summary of each offense under Texas law:
Assault : Assault is a Class A misdemeanor in Texas. It can be committed against anyone who is not a family or household member. It can also be committed against family members if the defendant does not cause serious bodily injury or use a deadly weapon during the commission of the offense. If someone commits an act that causes another person to feel threatened with imminent bodily injury or death (without causing actual bodily injury), they have committed assault under Texas law. Assault is punishable by up to one year in jail and/or up to $4,000 in fines.
Aggravated Assault : Aggravated assault is a felony offense under Texas law. It can be committed against anyone who is not a family or household member (as well as family members without causing serious bodily injury). Aggravated assault can also be committed against public servants and security officers performing their official duties (such as police officers). If someone commits an act that causes another person serious bodily injury using a deadly weapon (or if they threaten another person with imminent serious bodily injury using a deadly weapon), they have committed aggravated assault under Texas law. Aggravated assault is punishable by two to 20 years in prison and/or up to $10,000 in fines. If the victim was a public servant performing their official duties at the time of the alleged offense, then the minimum prison sentence increases from two years to five years . In some cases where someone suffers serious bodily injury during an aggravated assault (but not due to use of a deadly weapon), it may instead be classified as aggravated battery . This offense has similar penalties but different elements than aggravated assault; specifically, it requires proof that the defendant actually caused serious bodily injury rather than simply threatening it with use of a deadly weapon.
Aggravated battery is also considered more serious than simple battery , which only requires proof that the defendant caused physical pain or discomfort without causing any kind of permanent physical damage . For example: If someone punches another person so hard that they break multiple bones in their face but does not cause brain damage or any other kind of permanent physical disability , this would likely constitute simple battery rather than aggravated battery . On the other hand, if someone punches another person so hard that they cause brain damage , this would likely constitute aggravated battery rather than simple battery . In many cases involving violence against police officers , prosecutors may charge defendants with both aggravated assault on a public servant as well as resisting arrest . This occurs because defendants often argue self-defense when charged with assaulting an officer; however, because resisting arrest generally requires proof that defendants used force while being arrested by police officers , prosecutors may charge defendants with both offenses simultaneously as part of their strategy for securing convictions.
In most cases involving violence against police officers , prosecutors will charge defendants with either felony resisting arrest or misdemeanor resisting arrest depending on whether defendants used violence while being arrested by police officers ; however, there are some circumstances where defendants may face felony charges for resisting arrest even if they did not use violence while being arrested by police officers . For example: If defendants attempt to flee from police officers while being arrested even though they have no reason for believing that doing so will allow them to avoid criminal charges, then prosecutors may charge them with felony resisting arrest even though they did not use violence while being arrested by police officers . Similarly, if defendants attempt to flee from police officers while being arrested even though they are already facing very serious criminal charges , then prosecutors may charge them with felony resisting arrest even though they did not use violence while being arrested by police officers .
Deadly Conduct: Deadly conduct is often classified as either first-degree or second-degree felonies under Texas law depending on whether victims were placed in imminent danger during commission of alleged offenses; however, there are some circumstances where deadly conduct may instead be classified as third-degree felonies under Texas law depending on whether victims were placed in imminent danger during commission of alleged offenses (e.g., if victims were placed in imminent danger due only because defendants recklessly engaged in conduct rather than intentionally engaging in conduct). Deadly conduct can also occur when people commit acts associated with discharging firearms at homes or vehicles without any justification for doing so; however, these offenses are typically classified as Class A misdemeanors rather than felonies unless people actually hit homes or vehicles when discharging firearms without justification for doing so (e.g., if people fired guns into air near homes or vehicles without justification for doing so). Deadly conduct involves committing acts that place others at risk of death or serious bodily injury using firearms; however, it does NOT involve actually causing death or serious bodily injury using firearms (e.g., firing guns at others without hitting them). First-degree felonies are punishable by five years up 20 years imprisonment ; second-degree felonies are punishable by two years up 20 years imprisonment ; third-degree felonies are punishable by two years up 10 years imprisonment ; Class A misdemeanors are punishable by up one year imprisonment and/or up $4,000 fines ; Class B misdemeanors are punishable by 180 days imprisonment and/or up $2,000 fines ; Class C misdemeanors are punishable by 180 days imprisonment and/or up $500 fines ;
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