Assault Defense Lawyer in San Benito, TX
Defending Clients throughout Brownsville
In some states, assault and battery comprise two separate crimes with assault defined as the threat of physical injury while battery is seen as the accomplishment of physical injury against another. In Texas, the term “assault” refers to both of these actions. Thus, you can be arrested for assault by threatening another without any physical contact or for the act of making physical contact against another in some manner that causes injury. These actions can result in charges ranging from a low-level Class C misdemeanor up to a first-degree felony.
In any assault case, you need to be equipped to defend yourself with skilled legal help if you wish to obtain the best possible result. Gustavo D. Elizondo III, Attorney at Law provides the level of skill and experience you need at such a crucial point. Our San Benito assault defense attorney is a seasoned trial lawyer with a background as a former Cameron County prosecutor.
Assault Laws in Texas
Assault can be broken down into simple assault or aggravated assault.
Assault of any kind can refer to:
- Intentionally threatening another with imminent bodily harm
- Causing bodily injury intentionally, knowingly, or recklessly
- Making physical contact with another intentionally or knowingly that will provoke or offend the other person
In simple assault, any bodily harm will be minor, such as a bruise or scrape. Assault is elevated to aggravated assault when the bodily harm is considered serious, such as in the case of broken bones or any injury that requires emergency room treatment or hospitalization. Also, if you threaten the alleged victim with serious bodily harm, it can also be deemed as an aggravated assault.
Simple assault is generally charged as a Class C misdemeanor, carrying the penalty of a fine of up to $500. However, it is elevated to a Class B misdemeanor if it is committed against an athlete or sports official at a sports event. It is elevated to a Class A misdemeanor if it is committed against a disabled or elderly individual.
A Class B misdemeanor is punishable by up to 180 days in jail and/or fines of up to $2,000. A Class A misdemeanor is punishable by up to a year in jail and/or fines of up to $4,000. You may also be ordered to pay restitution to the victim for medical expenses.
Assault that causes bodily harm to the victim is generally charged as a Class A misdemeanor with penalties described as above. However, if the victim is a public servant, such as a police officer, firefighter, emergency medical technician, or similarly-tasked person, or a household member, assault that causes bodily injury can be elevated to a third-degree felony punishable by two to 10 years in prison and/or fines of up to $10,000.
Aggravated Assault Defense in Texas
Aggravated assault occurs when serious bodily injury is committed or when a deadly weapon is used in the commission of the crime. This can result in second-degree felony charges if the victim is a household member or dating partner, if you have a previous conviction of a similar offense, or if the assault consisting of choking the victim.
First-degree felony charges can also be applied in cases of domestic assault as well as assault against a police officer or other public servant that involves serious bodily injury or a weapon. Penalties for second-degree felony assault include two to 20 years in prison and fines of up to $10,000. Penalties for first-degree felony assault involve 5 years up to life in prison.