definition of assault in texas

Definition Of Assault In Texas - Assault and battery are two separate crimes that are often confused. In fact, each offense may have its own definition and scope of punishment. Alternatively, the two could be charged with each other and face a series of criminal convictions.

How assault and battery is tried in court depends to a large extent on the country in which the crime was committed. Understanding the definitions of assault and battery in Texas can help defendants determine if or when they should hire experienced attorneys to represent them in their cases.

Definition Of Assault In Texas

In Texas, assault and battery are actually two different crimes. It is true that they are closely related to each other. However, states define assault as the threat of bodily harm to another person, and battery as actual bodily contact that results in injury.

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In addition to being a felony in Texas, assault and battery are also intentional misconduct. This definition allows victims to sue their attackers for assault and/or battery in civil court to seek compensation for their injuries.

Like most states, there are varying degrees of assault and battery in Texas. Misdemeanors can be charged as assault even if battery is involved. In fact, in the vast majority of criminal cases involving assault and battery, the crime is charged only as assault. Charges continue to carry stiff penalties ranging from civil to prison terms.

Texas lawmakers use three separate definitions of assault. The first meaning is the willful, intentional or reckless infliction of injury on another person, including the spouse of the accused.

Another definition in Texas is to intentionally or intentionally threaten another person with imminent physical harm. The second person, in this case, can also be the spouse of the accused.

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Finally, assault in Texas is defined as intentionally or intentionally causing physical contact with another person when the defendant knew that the other person would find the contact offensive or provocative. Again, the other person in the case may be the spouse of the person being sued.

Texas also allows assault to be charged as a capital offense if it results in serious injury to the victim. Aggravated assault can also be charged if the accused used a weapon to injure another person.

The type of charge the accused will face in court will depend on the circumstances of the case. Assault can be charged as a class A, B or C felony. It can also be charged as a first, second or third degree felony.

The sentence a judge hands down to someone convicted of assault and battery in Texas depends on the type of charge used in the case. A Class C misdemeanor conviction results in a fine of up to $500. However, a Class B misdemeanor can result in up to 180 days in jail and up to $2,000 in fines.

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A person convicted of Class A assault and misdemeanor assault faces up to one year in prison. He may also be ordered to pay a fine of up to $4,000.

Felony assault and battery charges carry more serious penalties under Texas law. Third-degree felony convictions can result in up to 10 years in prison and up to $10,000 in fines.

A second-degree felony conviction can result in a sentence of two to 20 years in prison and a fine of up to $10,000. A person convicted of first-degree assault and battery faces five years to life in prison and a $10,000 fine.

Given the range of penalties you can face if convicted of assault and battery, you will need an experienced Texas defense attorney to represent you in court. When you find yourself accused of assault in Texas, contact Smith & Vinson Law Firm to speak with an experienced defense attorney.

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