Assault: What is the law and what are the legal consequences?
Explaining the Texas law surrounding assault can be difficult because this word is used by people to describe a wide variety of actions that range from merely spitting on someone to shooting them. The Texas Penal Code describes different kinds of assault as simply “Assault” or “Aggravated Assault.” Below is a brief discussion of the difference between the two types of and their punishment ranges.
Simple Assault – Class C Misdemeanor to Second Degree Felony
What is the law?
We will begin this discussion by starting with the most basic definition of “Assault.” Under the Texas Penal Code, Chapter 22, Section 22.01,
- (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.
The key factor for charging someone under the statute listed above is whether the accused caused the victim “Bodily Injury.” Bodily Injury simply means “pain.”
If you are charged under section (a)(1) of the statute listed above, then the police have determined that you caused someone pain when you made contact with them. The charge begins as a Class A Misdemeanor but will increase to a felony depending on the facts of the case. Common examples under this part of the code include punching, biting, scratching, kicking, and other injuries that do not rise to the level of what the law considers “Serious Bodily Injury.”
If you are charged under sections (a)(2) or (a)(3), then police have determined that you did not cause the other person pain and that you merely threatened them or offended them by your contact. This charge begins as a Class C Misdemeanor and will increase to either a Class B or Class A Misdemeanor depending on the facts of the case. Common examples of assault, in this case, include spitting on someone or telling someone that you are about to punch them.
Aggravated Assault – Second or First Degree Felony
What is the law?
Simply stated, regular assault becomes Aggravated Assault in two ways: (1) if you caused someone “Serious Bodily Injury” or, (2), you used a deadly weapon during the assault.
Under Texas Penal Code Chapter 22, Section 22.02,
- (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
- (1) causes serious bodily injury to another, including the person’s spouse; or
- (2) uses or exhibits a deadly weapon during the commission of the assault.
Serious Bodily Injury is more than just mere “pain,” which was the standard for regular assault that we discussed before. Serious Bodily Injury refers to “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” Basically, Assault is considered Aggravated if you killed, almost killed, permanently disfigured, or permanently injured someone.
A Deadly Weapon is defined as: “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.” Therefore, you can not only be charged with Aggravated Assault if you used a gun during the assault but also if you used anything that the jury believes could have been capable of causing death or serious bodily injury. NOTE: Fists CAN be considered deadly weapons depending on how they are used.
What are the legal consequences?
Aggravated Assault can either be a Second-Degree Felony or a First-Degree Felony depending on the facts of the case. Common examples include shooting someone, beating them so severely with fists that they have permanent injuries, or severing a limb.
What should I do?
As you can see, the definition of assault is very broad and the consequences of a conviction can result in serious jail time and other personal consequences. This is why if you are charged with Assault in Texas, then you need to hire an attorney who knows the law and that can give you the best representation possible. Please call Carter Criminal Defense for a free consultation today.