Need a Round Rock attorney for an assault case?
Assault is the intentional or reckless cause of bodily injury to another individual. A person can be charged with assault even if they do not physically harm someone, but perform an act that would cause another personal to fear that they will experience physical harm. This regulation recognizes that just placing fear in another person is deserving of consequences, even if the harm was not performed. The penalties for assault charges vary depending on the situation and also if the offense was simple or aggravated.
Aggravated assault offenses are generally charged as a felony, these crimes would commonly involve a weapon or an intent to commit a serious crime. An aggravated charge may also arise if the offense occurred within a relationship that is regarded as worthy of special protection. For example, a physician and client relationship may be considered one worthy of special protection and the assault may be aggravated. If the offense lacked all of these aggravating aspects, it would most likely be charged with a misdemeanor simple assault.
Are you facing assault charges? Consult with a Round Rock criminal defense lawyer from R. Scott Magee, Attorney at Law right away.
What constitutes an assault charge in Texas?
Many people mistake assault to be the same as battery, which is physical harm. While they often go hand-in-hand, assault charges can be brought about for other offenses as well.
An individual can be charged with assault if they do any of the following actions:
- Intentionally, recklessly or knowingly cause bodily harm to another person
- Knowingly or intentionally threatening another person with injury
- Intentionally or knowingly cause contact with someone else while knowing that they may regard it as provocative or invasive
Penalties of Simple Assault
When it comes to simple assault, the offense is usually a Class A misdemeanor. This crime could result in up to one year in jail and a fine of up to $4,000. These offenses could be increased to a third-degree felony for various reasons. One reason would be if the state can prove that the defendant committed the crime against a relative or someone they are romantically involved with, and the defendant has a past conviction for domestic violence.
Another reason would be if the defendant was aware that the victim was a public servant carrying our duties. Lastly, if the defendant knew the victim was a security guard or worker and they committed the crime while the victim was performing their job. If any of these aspects are present in the crime, the defendant could be facing between two and 10 years in prison along with a fine of up to $10,000.
Penalties of Aggravated Assault
If there was serious injury involved or the use of a weapon in the assault offense, the defendant could be charged with aggravated assault. This is a generally a second-degree felony punishable by between two and 20 years in prison and a fine of up to $10,000. The charged can be increased to a first-degree felony if the offense was domestic violence or if it was a security guard, public official or witness to the act. The penalty for this offense would be between five years and life in prison.
Contact a criminal defense attorney now!
If you are facing assault charges, a skilled criminal defense attorney from our firm may be able to help. We are familiar with the process of challenging evidence and arguing that there was significant reasoning for your actions. Oftentimes, charges can be reduced or dismissed if we can prove that you were preventing harm to yourself or preventing theft of your property.
Contact R. Scott Magee, Attorney at Law today to schedule your free case evaluation in Round Rock, Georgetown, or Williamson County!