Assault is located in Section 22.01 of the Texas Penal Code. Assault is one of the most complicated statutes in the Texas Penal Code. This is because there are different kinds of assault and many different penalties, and the Texas Legislature has altered it so many times that the statute reads like a patchwork mess. To oversimplify things, there are essentially three ways to assault someone in Texas:
- Causing bodily injury
- Threatening imminent bodily injury
- Causing offensive bodily contact
The most commonly charged assault is assault bodily injury. Your charge may be either a misdemeanor or a felony. The criminal penalties range from a Class C misdemeanor all the way up to a first degree felony. The severity of the charge depends on a number of factors, including the severity of the damage to the victim, who the victim is, and how the assault happened. If the alleged victim is a family member or household member, that is very important. The potential punishment can range from a simple fine all the way up to prison time. Assault convictions could result in the loss of crucial rights, and this is especially true if the alleged victim is a family member. One penalty that people do not often foresee includes the loss of the right to own a firearm. The result of an assault conviction can affect a person for the rest of his or her life. If you are facing any kind of assault charge, you need to consult with an attorney who handles these kinds of cases, who knows the nuances of hiring an aggressive criminal defense lawyer should be a priority. This page examines the assault statute and provides links to the specific kinds of assault statutes.
What is Assault in Texas?
The basic criminal statute on assault considers basically three different kinds of assault. The most commonly charged kind of assault is bodily injury (ABI). The assault law also considers threatening another person with imminent bodily injury, and causing physical contact. Here is the language from the statute on the three kinds of assault:
- (a) A person commits an offense if the person:
- (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
- (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
As I noted above, assault bodily injury is the most commonly charged kind of assault. ABI is a Class A misdemeanor. This means that a conviction carries a potential range of punishment of up to a year in jail and up to a $4,000 fine. Threatening someone with bodily injury and causing offensive contact are Class C misdemeanors. Class C misdemeanors carry no potential jail time and carry a fine not to exceed $500.
Who is the Alleged Victim?
But who the alleged victim in an assault case is also very important. The identity of the alleged victim can increase your criminal charge to a felony. If the alleged victim is your spouse, someone who you live with, or are someone you are dating, or have dated, that person is a “family member.” That means that you will be charged with a third degree felony if either you have been convicted of one misdemeanor assault family violence before; or, if it is your first charge but there is there is an allegation of choking or strangling. If the alleged victim is a public servant, an ABI charge will also be charged as a felony. A public servant is someone who works for the government. Most often, this means police officers. Importantly, the public servant must be working as a public servant while the alleged assault takes place. Here is the relevant part of 22.01 that deals with assault on family members and public servants:
- [Assault bodily injury] is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:
- A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
- A person whose relationship to or association with the defendant is described by [Chapter 71 of the Texas Family Code], if:
- it is shown at the trial of the offense that the defendant has previously been convicted of an offense under this chapter […]; or,
- the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck by blocking the person’s nose or mouth
What are the Different Kinds of Criminal Assault?
Chapter 22 of the Texas Penal Code outlines the assaultive criminal offenses in Texas. Although there are many different variations of an assault charge in the Assault statute 22.01, there are also other charges that also appear in this chapter of the Penal Code. Below, I have listed many of these assault charges below and I have specific pages that deal with those offenses. Each page discusses that particular criminal charge at length.
- Aggravated Assault
- Aggravated Assault with Serious Bodily Injury
- Assault Bodily Injury
- Assault By Impeding Breath or Circulation
- Assault Family Violence
- Assault of a Public Servant
- Deadly Conduct
- Domestic Violence
- Sexual Assault
- Terroristic Threat
Fort Worth Assault Attorney in Tarrant County
If you are arrested anywhere in Tarrant County, your case will end up in downtown Fort Worth at the Tim Curry Justice Center. There are many different cities and towns in Tarrant County. Fort Worth is the County Seat. Of course, there are many cities across the county. You may live in Arlington or Keller. You may live in Grand Prairie or Crowley. No matter where you are charged, you will be going to court at the Tim Curry Criminal Justice Center in Fort Worth if the incident occurred in Tarrant County. Our office is in downtown Fort Worth, very close to the courthouse. If you are charged with a Class A or Class B misdemeanor your case will go to a Tarrant County Criminal Court. There are ten County Criminal Courts. If you are charged with a felony, your case will go to a Tarrant County District Court. There are also ten District Courts. Where your case ends up is something that nobody can control. Once your case is assigned to a particular court, that is where we will be. This can matter to your case, depending on who the judge is in that court. The judge determines what your bond amount will be.
Call Me to Discuss Your Assault Case
There are always emotional consequences that accompany assault and family violence—particularly for crimes that can carry the stigma of a crime of violence. Often people will just hear the word assault and imagine the worst case scenario, when reality is likely much different. No case can be understood without looking at the facts of It can be a troubling and even embarrassing prospect, especially when the charges involve a person’s families and loved ones. These cases can be very serious. Criminal convictions can follow you around. They can make it very difficult to find a job or even rent an apartment because of your criminal record. Please call me today to discuss your charge. I offer a free consultation and I'm happy to sit down and talk about your case with you.