What’s Considered Assault? HERE’S WHAT TEXAS LAW SAYS
Are there other penalties? An injured assault victim may bring a lawsuit in a Texas civil court to recover compensation for medical expenses, lost wages, personal pain and suffering, and related losses. A conviction on a criminal assault charge almost guarantees the success of a victim’s lawsuit in such cases. If you hold a professional license in Texas, an assault conviction may generate disciplinary action by your professional licensing board. If you are not a U.S. citizen, an assault conviction may trigger a deportation proceeding. Can you claim self-defense? When you claim self-defense, you are confessing to behavior that could be deemed assault in another circumstance, so your attorney will need to offer persuasive evidence that you acted within the law and in self-defense. How does Texas law define self-defense? The best way to define it is to explain what self-defense is not. If someone punches you once, stops, and is obviously finished, you cannot legally retaliate and return the blow. A retaliation assault when someone no longer threatens you is legally a second assault. You are allowed to protect yourself against perceived threats, but in Texas, you may not retaliate when a threat has passed. If the assault charge against you cannot be dropped or dismissed, and if your case goes to trial, it will be up to a jury to decide if you acted in self-defense.
What constitutes assault in the state of Texas? If you are charged with an assault, you should know your legal rights and what steps you will need to take. How are assaults categorized by Texas law? Assaults in this state may be charged as Class C, B, or A misde- meanors or as third-, second-, or first-degree felonies. A specific assault charge will be determined by the extent of the alleged victim’s injuries, the particulars of the charge, and the defendant’s prior criminal history. “Simple” assault happens in Texas when someone knowingly, recklessly, and/or intentionally causes or threatens to cause bodily injury to someone else or when someone knowingly and/or inten- tionally engages in offensive or provocative physical contact with someone else. Simple assault is typically charged as a Class C misdemeanor, but it becomes a Class A misdemeanor when the victim is a disabled or elderly person. Simple assault is a Class B misdemeanor when the victim is a sports official or a participant during a sports event. What is assault with bodily injury? An assault that causes bodily injury will be charged as a Class A misdemeanor (with exceptions discussed in the next section). Defendants who receive misdemeanor convictions in Texas face the following maximum penalties: • Class A misdemeanor convictions, a year in county jail and/or a $4,000 fine • Class B misdemeanor convictions, 180 days in county jail and/ or a fine of $2,000 • Class C misdemeanor convictions, a fine of $500 When is an assault charge a felony charge? Assault with bodily injury becomes a felony in the third degree if the perpetrator knew that the victim was working in his or her official capacity as a public servant, a government employee (or contractor at a correctional, treatment, or rehabilitation facility), a security guard, firefighter, emergency medical technician, or another emergency services responder. Causing bodily injury to someone who is pregnant or committing repeated acts of domestic assault may also be charged as a felony in the third degree. Third-degree felony assault charges are punishable upon conviction with 2–10 years in a state prison and/ or a fine of $10,000. Assault is a felony in the second degree when someone attacks and causes bodily injury to a law enforcement officer or a judge in reaction to that public servant’s official duties. Second-degree felony assault convictions may be penalized with 2–20 years in a state prison and/or a $10,000 fine.
If jurors find that you acted in self-defense, you will be found not guilty, but if they believe that you retaliated and/or overreacted, the law will require the jury to convict you of the assault charge. If you are charged with assault (or aggravated assault, which will be explained in the next edition), your best chance for avoiding an assault conviction — or winning a favorable plea deal if your conviction is certain — is by getting expert legal help on your side. Make the call as soon as possible after an assault arrest.
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