When most people hear the word assault, they immediately associate it with a physical fight or some sort of physical confrontation. In reality, assault charges in Texas are much broader, and what seems like a minor incident could potentially result in serious criminal charges with long-lasting consequences.

Under Texas law, there are multiple types of assault that range from low-level misdemeanors to serious felonies that carry the possibility of years in prison. What distinguishes these various types of assault? Often, it is the type of conduct involved, the level of injury, the identity of the victim, and whether a weapon was involved.

Understanding how assault charges work in Austin, the penalties you may be facing, and the defenses available to you is critical to ensuring your rights are protected. This is why hiring an experienced Austin assault lawyer is vital to your case.

What Counts as Assault in Austin?

Under Texas law, assault is not limited to punching or physically attacking somebody. A person can be charged with assault by either (1) intentionally or knowingly causing bodily injury to another person; (2) knowingly threatening another person with imminent bodily injury; or (3) making physical contact with another that is offensive or provocative, when you know or should know that the other person would find it offensive.

Under Texas law, this means you can be charged with assault despite the lack of a punch or serious injury. A heated argument, a shove, or even unwanted physical contact can all potentially be an assault in Austin. Because such a wide range of conduct can potentially fall under the assault statute, the punishments associated with assault depend heavily on the surrounding circumstances.

Misdemeanor Assault

Most assault charges begin as misdemeanors, but even misdemeanor assault charges carry potential fines and jail time. Assault causing bodily injury is typically charged as a Class A misdemeanor, whereas assault by threat or assault by contact is charged as a Class C misdemeanor.

A Class C misdemeanor typically results in a fine only. In contrast, a Class A misdemeanor can carry up to one year in jail and a $4,000 fine. Some of the circumstances that can lead to enhanced penalties under misdemeanor assault include when the victim is an elderly or disabled person, a pregnant individual, or a sports participant who is assaulted by a non-participant.

In addition to these circumstances, assault involving family members, household members, or dating partners can trigger their own enhancements and penalties. This is especially true if there exists a prior family-violence conviction. Often, these cases have additional consequences, such as protective orders and firearm restrictions, as a condition of bond or due to the protective order.

When Assault Becomes a Felony

What many people fail to realize is just how quickly a seemingly minor assault charge can be enhanced from a misdemeanor to a felony. This enhancement can occur in situations where the alleged victim is a public servant, such as a firefighter or first responder; the assault involves family violence with a prior conviction; the conduct of the assault includes the impeding of breath or blood circulation (such as strangulation); or when the assault is committed in retaliation for someone performing their official duty.

These felony-level assault charges carry significantly higher penalties, including potential prison time and fines of up to $10,000. For an in-depth analysis of felony-level assault charges, click here.

Aggravated Assault in Austin

Aggravated assault is one of the more serious assaultive offenses under Texas law. An assault can become an aggravated assault when it either results in serious bodily injury or involves the use or exhibition of a deadly weapon.

Typically, the charge of aggravated assault in Austin is classified as a second-degree felony. However, this can be elevated to a first-degree felony depending on who the alleged victim is and the circumstances surrounding the offense.

Both first- and second-degree felonies carry the potential for serious prison time, with first-degree felonies having a maximum punishment of life in prison. This makes hiring an Austin assault attorney early in the process of any potential aggravated assault charge crucial to protecting your rights.

Potential Defenses to Assault Charges

The potential defenses you may have in your Austin assault case can vary greatly. To properly evaluate your defensive strategies, an Austin assault attorney must participate in the discovery process and review the evidence in the case. That being said, there are still a few common defenses that an experienced Austin assault attorney may be able to utilize on your behalf.

Self-Defense

The law governing self-defense in Texas can be found in Texas Penal Code § 9.31. Specifically, this statute outlines how a person is justified in using force against another when, and to the degree, the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.

Typically, self-defense does not apply in response to verbal provocation alone or in situations where the actor provoked the other’s use or attempted use of unlawful force. Successfully asserting your right to self-defense requires careful analysis of the evidence received in the discovery process and illustrates why it is important to hire an Austin assault attorney early in the process.