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Assault & Aggravated Assault

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Updated: Apr 24, 2023 @ 4:22 am

In Texas, the penal consequences of non-sexual assaultive offenses run the range from fine-only Class C Misdemeanors to First Degree Felony criminal charges that carry a maximum life sentence as the penalty. If you live in Houston or Brazoria County, and you’re facing assault charges, you’ll need to hire a criminal defense attorney as soon as possible.

I’m Attorney Sandra Oballe. Whether you’re facing an aggravated assault charge in which you’re accused of creating a substantial risk of death, or if you need legal representation for a lesser assault, call my office to schedule your free consultation today at 713-524-6656 or 979-265-6800.

Criminal Classifications for Texas Assault Cases

In Texas, if you’re arrested for a violent crime you can expect the District Attorney to pursue the case for a conviction. Outlined below are basic overviews of the various forms of assault, associated jail time, and the criminal classification of various assault cases. If you have any questions, or need to consult with an experienced criminal defense lawyer about your legal rights, fill out this form and contact us.

Class C Misdemeanor Assault Cases

The least severe of assaultive offenses are assaults by threat (intentionally or knowingly threatening another with bodily injury) and assault by touching (intentionally or knowingly causing offensive or provocative physical contact). A simple assault charge. These criminal cases are classified as Class C misdemeanors and carry a maximum fine of $500.

Class B Misdemeanor Assault Cases

An assault by threat or by touching by someone who is not a sports participant against a person who is a sports participant is a Class B misdemeanor assault.

Class A Misdemeanor Assault Cases

The next step up is assault by intentionally, knowingly, or recklessly causing bodily injury. This is a Class A misdemeanor, with a maximum jail sentence of one year.

Attempted Class A assault would be a Class B misdemeanor because every attempt is one step down from the completed offense. Assault by threat or contact against an elderly individual or a disabled individual is also a Class A assault.

Third Degree Felony Assault

Next up the ladder is assault by causing bodily injury to a public servant, police officer, public official, security officer, or emergency services personnel.

This offense is classified as a Third Degree Felony under Texas law, and, if the defendant is convicted, carries a penalty of up to ten years in prison.

Also a 3rd Degree Felony, is a domestic violence assault by causing bodily injury (on a, romantic interest, family member or member of the household).

If the defendant was convicted of (or placed on deferred-adjudication probation for) a domestic-violence offense in the past, or if the crime was committed by impeding breathing or blood circulation in the neck (strangulation).

Second Degree Felony & Aggravated Assault Cases

If the defendant has a previous conviction for family violence, assault by choking will be classified as a Felony of the Second Degree.

Likewise, if the defendant commits assault (even as minor as a threat or by touching) and causes serious bodily injury or exhibits a deadly weapon, this is an aggravated assault, a second-degree felony with a maximum twenty years in prison. Note that aggravated assault does not require an intent to cause bodily injury, but only that serious bodily injury be caused or a deadly weapon be exhibited.

If you were charged with assault or aggravated assault, whether against a family member, a household member, or someone else, and you need to hire a lawyer with the expertise to defend you. For immediate assistance, call Attorney Sandra J. Oballe at 713-524-6656 or 979-265-6800.

First Degree Felony Cases

If the aggravated assault is committed with the use of a deadly weapon and causes serious bodily injury to a household member, the offense will be classified as a Felony of the First Degree. If convicted, the penalty entails a prison sentence which can range from 5 years to life.

If the aggravated assault is committed by or against a public servant, in retaliation, or against a security officer, the crime will be classified as a first-degree felony. If it is a drive-by shooting which results in a serious injury, the criminal offense will be classified as a First Degree Felony.

Injury to a Child, Elderly Individual, or Disabled Individual

Punishment ranges are increased for injuries to people in certain protected groups. Intentionally or knowingly causing bodily injury to a child, for example, is a Felony of the Third Degree. Negligently causing bodily injury to a child is a State Jail Felony, an enhancement to the Class A Misdemeanor that it would be classified as should the action be taken against an adult.

Understanding Family Assault Cases

Convictions & Consequences

You might have noticed that family violence (including against relatives by blood or marriage, ex-spouses, parents of the same child, foster family, people in the same household, people who used to live in the same household, people who are dating, people who were dating, and people who used to date or be married to someone who the defendant is now dating or married to) result in an enhancement of the criminal classification. This makes domestic violence assault cases more serious than other assaults.

A family violence conviction will also affect your right to own a firearm under federal law. A conviction or arrested record cannot be removed from your record with a petition for nondisclosure or an expunction.

Even assault cases which don’t involve family members are serious matters. If you find yourself accused of assault and in need of expert counsel to help you manage the case to the best possible outcome, call Attorney Sandra J. Oballe today at 713-524-6656 or 979-265-6800.

Assault & Aggravated Assault Lawyer

Law Office of Sandra J. Oballe

Law Office of Sandra J. Oballe

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