Assault

Assault can arise from a number of scenarios. In some cases, a person may be provoked and then responded after continuing abuse. Other cases may have begun as a verbal fight and escalate to violent threats. No matter the circumstances, an assault charge is a serious crime.

Texas law is not kind to those convicted of assault. An assault charge is a severe offense accompanied with heavy penalties. Those convicted of assault may be required to pay steep fines, serve a lengthy prison term, and tarnish their criminal record.

If you or someone you know has been charged with assault, it is in your best interest to obtain trusted legal representation. 

San Antonio Attorneys for Assault in Texas

Any person who has been charged with assault, should seek the assistance of an experienced criminal defense attorney. Hiring an attorney can greatly increase the chances of having your charges reduced or dismissed. It’s time to start your plan of defense. Contact the attorneys at Flanary Law Firm, PLLC. 

Attorneys at Flanary Law Firm, PLLC have a strong focus on criminal defense, and we will make every effort to defend your rights and reputation. Additionally, the attorneys at Flanary Law Firm, PLLC are experienced in Texas criminal courts. We have years of experience defending those with allegations of a violent crime. 

The attorneys at Flanary Law Firm, PLLC practice law throughout the Bexar County area including nearby cities such as Converse, San Antonio, Kirby, Windcrest, Live Oak, and Alamo Heights.

Have some peace of mind today. Call us at (210) 738-8383 and schedule a free consultation surrounding the details of your assault charges. 

Overview for Assault Charges in Texas


Elements for Assault in San Antonio, Texas

An alleged offender can be convicted of assault without serious injury to the victim. A threat of imminent violence or injury is enough to have criminal charges filed. According to the Texas Penal Code § 22.01, an alleged offender commits the offense of assault if he or she does any of the following:

  • Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
  • Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
  • Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the act as offensive or provocative.

The term “bodily injury” may seem vague. Texas Penal Code § 1.07 (8) defines bodily injury as any physical pain, illness, or any impairment of physical condition. 


Texas Penalties for Assault Charges in San Antonio

The penalties for assault charges are dependent on the victim of the crime. Texas Penal Code § 22.01 states if a person is convicted of assault, without any aggravating factors, he or she will face a Class A misdemeanor. Conviction of a Class A misdemeanor is punishable by up to 12 months in jail, and a fine of up to $4,000. 

An assault charge can be elevated based on certain details of the crime. The crime is a Class B misdemeanor if the alleged offender is not a sports participant, and commits assault against a person who he or she knows is a sports participant while:

  • The sports participant is performing duties or responsibilities in the participant’s capacity; or
  • In retaliation for or on account of the participant’s performance of a responsibility within the participant’s capacity.

A Class B misdemeanor is punishable by up to 180 days in jail and a possible $2,000 fine. 

The crime of assault becomes a third-degree felony if the alleged offender commits assault against their family or certain persons performing their professions or family. A third-degree felony is punishable by up to 10 years in prison and a fine of up to $10,000.

Assault against any of the following people, will result in a third-degree felony:

  • A family member, household member, or person with whom the alleged offender had a dating relationship and either:
    • The alleged offender was previously convicted of a domestic violence offense; or
    • The alleged offender intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the alleged victim. This is done by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
  • A public servant lawfully discharging an official duty or the alleged assault was in retaliation. This includes if the alleged assault was on account of an exercise of official power or performance of an official duty as a public servant.
  • A government contractor performing a service within the scope of the contract. This includes if the alleged assault was in retaliation for or on account of government contractor performing a service within the scope of the contract.
  • Emergency service personnel while he or she was providing emergency services.
  • A security officer performing his or her duties

Texas Penal Code § 22.01(b-2) states that a person may have their assault charges enhanced to a second-degree felony. If the alleged offender does the following he or she will be charged with a second-degree felony.

  • Commits the offense of assault against a family or household member; and
  • The alleged offender was previously convicted of either indecency with a child, kidnapping or aggravated kidnapping; and
  • The alleged assault is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood. This is done by applying pressure to the person’s throat or neck or by blocking the person’s mouth.

A second-degree felony is punishable by up to 20 years in prison, and a possible fine of $10,000.


Additional Resources

Texas Assault Laws – Visit the official website for the Texas Penal Code. Find more information regarding assault, aggravated assault, sexual assault, and other violent crimes. Learn the penalties, admissible defenses, and the possible aggravating factors. 

Family Violence Prevention Services – Visit the official website for the Family Violence Prevention Services (FVPS), a battered women and children center. Since 1977 FVPS mission has been to help domestic violence victims in San Antonio.


Lawyer for Assault Charges in San Antonio, Texas

Have you been accused of assault or aggravated assault recently? Are you currently undergoing an investigation or waiting for a court date? This is not the time to be idle. Get in contact with a skilled criminal defense attorney at Flanary Law Firm, PLLC. 

The attorneys at Flanary Law Firm, PLLC are passionate about criminal defense. We are determined to uncover all legal routes for our clients. It is our job to obtain the best possible results for your case. Our attorneys can achieve this through extensive resources and experience in Texas criminal courts. Do not wait another moment. Call the attorneys at (210) 738-8383 for a free consultation today.

Our attorneys at Flanary Law Firm, PLLC practices law in the San Antonio area including Converse, Live Oaks, Kirby, Somerset, and Universal City.


This article was last updated on September 24, 2018.

 

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