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Assaultive Offenses

Updated: Apr 30, 2024 @ 3:19 am

Reading Time: 4 Minutes

Criminal charges related to assault and violence are always pursued by the Galveston County District Attorney’s Office. These charges range from misdemeanors that may result in fines and community service to felonies that can carry significant prison time.

If you’re in trouble with the law following criminal charges related to assault, we can help you. Contact us today to schedule your free consultation. Let us review your case at no charge. To get started, call us at 409-765-5614.

Below, we’ll delve into the specifics of these offenses. We’ll review Texas law and its implications for those accused of assaultive offenses.

What Constitutes an Assaultive Offense?

In Texas, an assaultive offense is defined as intentionally, knowingly, or recklessly causing bodily injury to another, threatening someone with imminent bodily injury, or causing physical contact in a manner the offender knows or should reasonably believe the other will regard as provocative or offensive.

Simple Assault

Under Texas Penal Code Section 22.01, simple assault can be classified as a misdemeanor or a felony. The classification of the offense depends on the circumstances and the nature of the parties involved.

The nature of the parties could include a public servant, a family member, a child, or a date, which may elevate the charge to a higher level of severity.

Aggravated Assault

Aggravated assault cases usually involve serious bodily injury to another or using or exhibiting a deadly weapon during the commission of the assault.

Texas Penal Code Section 22.02 classifies this offense as a felony. If convicted, the penalties can be particularly harsh.

Misdemeanor vs. Felony Assault Charges

Whether the offense is classified as a misdemeanor or a felony hinges on factors such as the degree of harm inflicted, the use of a weapon, and the victim.

Misdemeanors can result in fines, short jail terms, or probation, while felonies can lead to longer prison sentences and more substantial fines.

Class A Misdemeanors

Typically, a Class A misdemeanor assault involves causing bodily injury to another and carries penalties of up to one year in jail and fines up to $4,000.

Felonies of the Third Degree

When an assault involves a deadly weapon or results in serious bodily injury, the offense might be classified as a 3rd Degree Felony. Convictions Felony 3s can lead to prison terms ranging from two to ten years and fines up to $10,000.

Child Abuse and Assault on a Child

Child abuse encompasses a range of wrongful acts against children. These include physical injury, emotional abuse, neglect, and sexual offenses. Assault on a child is treated with particular severity due to the vulnerable status of the victim.

Definitions and Penalties

Child abuse is broadly defined in Texas Family Code Section 261.001. Child abuse includes causing or permitting a child to be in situations where they suffer physical or mental harm.

Physical assault on a child might elevate to injury to a child, a charge that can be classified depending on the intent and harm caused, from a state jail felony to a first-degree felony.

Penalties for child abuse can vary significantly, with the most severe cases leading to long-term imprisonment. The state prioritizes the child’s welfare, and as such, cases involving children are fiercely pursued by the Galveston County District Attorney’s Office.

LEARN MORE: Fighting False Accusations of Child Abuse

Domestic Violence

Domestic violence cases are charged as Assault against a Family Member. This definition covers household members, or a current or past dating partner. The definition of assault for family members includes physical violence, threats, emotional abuse, and may also cover certain forms of harassment.

Definitions and Penalties

Texas Penal Code Section 22.01 details the specifics of assault charges, which are often applied in family assault cases. Charges and penalties can escalate based on several factors. These factors include previous convictions, the severity of injuries, and any active protective orders at the time of the offense.

A conviction for domestic violence can lead to serious consequences. These consequences may entail restraining orders, loss of child custody rights, and significant criminal penalties.

Additionally, a conviction can result in a loss of certain civil liberties. The main one is your right to own or possess firearms. In most cases, the first offense is a misdemeanor charge. However, any future offense will be classified as a felony offense. Which is bad.

LEARN MORE: Criminal Penalties for Domestic Violence in Texas

Potential Legal Defenses to Assault Charges

If you’re accused of assault, we’ll have several potential defenses to fight the charge. These strategies include self-defense, defense of others, lack of intent, or the assertion that the contact was not offensive. Obviously, the specifics of the defense strategy is based on the specifics of the incident.

Charged with an Assaultive Offense?

Call Galveston Assault Case Lawyer Tad Nelson Today!

Tad Nelson, Board Certified Galveston Criminal Defense Lawyer

If you’re facing the possibility of losing your freedom over an assault case, you’ll be better off with a skilled defense attorney fighting on your behalf. Attorneys Tad Nelson & Amber Spurlock bring a wealth of experience to the battle for your rights. We’re known for representing our clients with a rigorous, detail-oriented approach that pays dividends.

Schedule your free consultation with our attorneys today! Call us at 409-765-5614. Our reviews speak for themselves, and we’re proud to offer affordable legal services.

To get started, contact us.

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