League City Assault Defense Lawyer
Assault is one of the most common criminal offenses prosecuted in Texas, and it is a crime taken seriously by law enforcement officers and district attorneys. In Texas, assault is defined under Section 22.01 of the Texas Penal Code, which outlines various forms of conduct that can result in assault charges. Depending on the circumstances, an assault charge can range from a misdemeanor to a serious felony. It’s important to consult with an experienced legal professional who can evaluate the circumstances of your arrest, identify available defenses, and work to get the best results in your given situation. For help after an arrest for assault in the Galveston Bay area, contact John Reed, Attorney at Law, to speak with a skilled and experienced League City assault defense lawyer.
What Constitutes Assault Under Texas Law?
Under PC 22.01, a person commits an assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person, including the person’s spouse.
- Intentionally or knowingly threaten another person with imminent bodily injury, including the person’s spouse.
- Intentionally or knowingly cause physical contact with another person when they know or should reasonably believe the other person will regard the contact as offensive or provocative.
Assault can involve physical harm, threats, or unwanted physical contact, and each category has different implications for how the charge will be prosecuted.
Penalties for Assault in Texas
The penalties for assault vary based on the severity of the incident and the relationship between the parties involved.
- Class C Misdemeanor: Assault involving offensive or provocative contact without injury is typically a Class C misdemeanor, punishable by a fine of up to $500.
- Class A Misdemeanor: Assault that causes bodily injury can be charged as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Third-Degree Felony: Assault may be elevated to a felony if the victim is a public servant, a family member, or someone the defendant is in a dating relationship with, or if the assault involved strangulation or suffocation. A third-degree felony is punishable by 2 to 10 years in prison and a fine of up to $10,000.
Defenses to Assault Charges
Several defenses may be available for individuals facing assault charges, depending on the circumstances surrounding the case.
- Consent: Under PC 22.06, consent may be a defense in certain cases where the victim voluntarily agreed to the contact. For instance, in cases where both parties agreed to engage in physical contact, such as in a consensual fight, the consent defense could apply. However, this defense is limited and may not be applicable in cases involving serious bodily injury.
- Self-defense: If the accused acted to protect themselves from harm, self-defense could be a valid defense to an assault charge. Texas law allows individuals to use force when necessary to defend themselves, provided that the level of force used was reasonable under the circumstances.
- Lack of Intent: If the assault was unintentional or the result of an accident, this could be a viable defense, particularly if the defendant did not knowingly or intentionally cause harm.
- Defense of Others: Similar to self-defense, Texas law allows individuals to use force to protect another person if they reasonably believe that person is in imminent danger of harm.
Aggravated Assault Under Texas Law
Aggravated assault, as defined under Penal Code Section 22.02, involves more serious conduct than simple assault. A person commits aggravated assault if they:
- Cause serious bodily injury to another person, or
- Use or exhibit a deadly weapon during the commission of the assault.
Aggravated assault is generally charged as a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. However, the offense may be elevated to a first-degree felony if the assault involves certain circumstances, such as when the victim is a public servant, such as a police officer or firefighter, or if the assault is committed in retaliation against a witness, informant, or someone involved in a legal case.
Deadly Conduct
Another offense related to assault is deadly conduct, defined under Section 22.05 of the Texas Penal Code. Deadly conduct involves actions that put others in imminent danger of serious bodily injury. A person commits deadly conduct if they:
- Recklessly engage in conduct that places another person in imminent danger of serious bodily injury, or
- Knowingly discharge a firearm at or in the direction of one or more individuals, or at a habitation, building, or vehicle, whether or not it is occupied.
The penalties for deadly conduct can vary. Reckless deadly conduct is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Meanwhile, knowingly discharging a firearm in a dangerous manner is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
Contact an Experienced Criminal Defense Lawyer in League City
Facing an assault charge can have serious and lasting consequences on your personal and professional life. Whether you are charged with simple assault, aggravated assault, or deadly conduct, it is crucial to seek experienced legal representation. John Reed, Attorney at Law, can help you understand the charges against you and build a strong defense tailored to your case. Contact our office today at 281-928-8228 to schedule a free consultation with our League City assault defense lawyer.