Denton Assault Attorney

Law Regarding Assaultive Offenses

The law regarding assaultive offenses in Texas can be found in Chapter 22 of the Texas Penal Code.

Assaultive offenses against people in protected classes can be found in Texas Penal Code Section 22.04 such as Injury to a Child, Injury to an Elderly Individual or Injury to a Disabled Individual.

What is Assault by Contact?

In Texas, assault by contact is a criminal offense that entails physical contact with another person intentionally or knowingly in a way that the offender knows or should reasonably think will be regarded as offensive. This offense is normally charged as a Class C misdemeanor, which carries a fine. 

About Assault Causing Bodily Injury - Family Violence in Texas

The single most common assault charge prosecuted in Denton County, Texas is a variation of Class A Assault called Assault Causing Bodily Injury -Family Violence. Misdemeanor assaults can be charged as Family Violence cases pursuant to Texas Family Code Section 71.003 when certain relationships exist between the defendant and the alleged victim.

For example; if the alleged victim is related by blood or affinity to the defendant, if the alleged victim and the defendant are former spouses, if the alleged victim and the defendant are parents of the same child, if there is a foster child and parent relationship between the alleged victim and the defendant, if there is or has been a dating relationship between the alleged victim and the defendant, and if the alleged victim and the defendant have shared a household.

Although Family Violence cases are usually charged as Class A misdemeanors, the affirmative finding that Family Violence did occur has very serious consequences. Non-citizens convicted of Assault Family Violence can be denied Lawful Permanent Resident Status or be deported. Family violence convictions can cause individuals to lose professional licenses and can prevent skilled tradesmen from being bonded.

Firearm Restrictions and Assault Family Violence

Under federal law, a person convicted of Assault Family Violence in a Texas state court cannot possess a firearm for the rest of his or her life. If a person is charged a second time with Assault Family Violence after having been convicted or having received deferred adjudication on an initial Class A Family Violence charge, the offense can be charged as a third degree felony.

Fortunately, there are defenses to charges of Assault Family Violence. Often there is little or no physical evidence in Assault Family Violence cases. If the case is not dismissed before trial, the credibility of the accuser can often be effectively challenged at trial. Also Chapters 8 and 9 of the Texas Penal Code deal with justifications and defenses to criminal charges, and additionally, there are other defenses recognized in case law. The most common defense available in assault cases is the defense of "self-defense."

Assault Causing Bodily Injury in Texas

Class A misdemeanor assault occurs if a person intentionally, knowingly or recklessly caused "bodily injury" to the complainant. Texas Penal Code Section 22.01(a)(1). The Texas Penal Code defines "bodily injury" very broadly to mean any "physical pain, illness, or any impairment of physical condition.

Many people mistakenly believe that they will not be convicted in cases where there are no bones broken, blood, scratches, bruises, or red marks. This means that at trial, the prosecutor has to only prove that the alleged victim experienced pain. The same assault offense elements apply in cases where it is a police officer who is assaulted, but because the alleged victim is a public servant, those cases are often charged as a third degree felony Assault on a Public Servant.

Aggravated Assault in Texas

The offenses of Aggravated Assault Causing Serious Bodily Injury and Aggravated Assault With a Deadly Weapon are set forth in Texas Penal Code Section 22.02 and considered second degree felonies.

A person commits the offense of Aggravated Assault Causing Serious Bodily Injury if he or she commits an assault that causes "serious bodily injury" which is a legal term defined as bodily injury that creates:

A person commits the office of Aggravated Assault with a Deadly Weapon if he or she uses or exhibits a deadly weapon during the commission of an assault. "Deadly weapon" means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Injury to a Child, to an Elderly Person or to a Disabled Person

Charges of Injury to a Child, Injury to an Elderly Individual, or Injury to a Disabled Person are felonies, although the degree of felony depends upon the actor's level of intent and the extent of injury to the alleged victim.