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DO I HAVE TO GO TO TRIAL IN TEXAS? |
What Constitutes Assault in Texas?
The Dallas Morning News reported that authorities were investigating allegations that an incumbent Collin County judge slapped a judicial challenger after a contentious Commissioners Court meeting earlier this month. The alleged victim, a Democratic candidate for judge, reported the alleged assault to the Collin County Sheriff’s Office.
Texas Penal Code § 22.01 plainly states that a person commits an assault offense when they intentionally, knowingly, or recklessly cause bodily injury to some other person, which includes their spouse, threaten another person with impending bodily injury, including their spouse, or cause physical contact when an alleged offender either knew or should have known another person would regard contact as being offensive or provocative. The simple truth is that an alleged assault does not have to be inherently violent to result in criminal charges.
Assault Charges in Texas
Assault crimes vary in criminal severity depending on a number of factors, including the harm that an alleged offender causes to another person. An assault offense involving threats or physical contact will be a Class C misdemeanor when an alleged offense results in no injury to another person.
Assault becomes a Class B misdemeanor when an alleged offense is committed by a person who is not a sports participant against a person the alleged offender knows is a sports participant. It is a Class A misdemeanor when an alleged offender intentionally or knowingly causes physical contact with a disabled individual or an elderly individual when the alleged offender knows or should reasonably believe that the disabled individual or elderly individual will regard the contact as offensive or provocative, or if the offense is committed against a pregnant person and forces them to have an abortion.
An assault offense is a third-degree felony when an offense occurs against a person the alleged offender knows is a public servant, or a person in a dating relationship, a family member, or a household member of the alleged offender, and the alleged offender has been previously convicted of a domestic violence offense against a person whose relationship is a dating relationship, family member, or household member, or an offense involves the commission of a suffocation or strangulation offense.
Assault becomes a second-degree felony when an alleged offender commits an offense against somebody the alleged offender knows is a judge or peace officer, or a person who is in a dating relationship, a family member, or a household member of an alleged offender, and the alleged offender has a previous conviction for a domestic violence offense against a person whose relationship is a dating relationship, family member, or household member, and the offense involves the commission of a suffocation or strangulation offense.
When a person uses or exhibits a deadly weapon in the commission of an assault or causes serious bodily injury to another person, they can face aggravated assault charges. Aggravated assault may be classified as a first-degree felony.
Contact a Frisco Assault Attorney
If you are currently facing any kind of assault charges in Texas, you are going to want to make sure that you retain legal counsel for help determining your strongest possible defense. A Collin County assault lawyer at Law Offices of Biederman & Burleson P.L.L.C. will be able to help you analyze all your options and know which claims might best help you avoid criminal penalties.
Our firm will work tirelessly to help you achieve the most favorable possible outcome to your case. Call 469-333-3333 or contact us online to set up a free consultation and case review with our Collin County assault lawyer.
Sources:
https://www.dallasnews.com/news/politics/2022/11/08/authorities-investigating-opponents-allegation-collin-county-judge-chris-hill-slapped-him/
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.01