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Texas Assault Charges: Classes, Penalties, and Legal Defense

Dealin’ With Assault Charges in Texas: What You Need to Know

Hey y’all! So you got yourself into some trouble and are facing assault charges in the great state of Texas. That ain’t no joke partner. But don’t worry, I’m here to break it all down for you so you know what you’re up against. Grab a cold one and let’s get to it.
First up, we gotta talk about the different types of charges. Now assault can be a misdemeanor or a felony in Texas. Misdemeanors are smaller deals with less punishment. Felonies are more serious and can really mess up your life.

Misdemeanor Assault Charges

Here’s some examples of common misdemeanor charges:

  • Assault Causing Bodily Injury – Class A misdemeanor. Can get up to 1 year in the slammer and $4k fine.
  • Assault Against Certain Groups – Class A misdemeanor. For assaulting old folks, disabled, or family. Up to 1 year in jail and $4k fine.
  • Assault by Threat – Class C misdemeanor. Just threatening someone. Up to $500 fine.
  • Assault by Offensive Contact – Class C misdemeanor. For offensive or provocative physical contact. Up to $500 fine.

So those are the main misdemeanor assault charges in TX. Mostly it’s about if you hurt someone or threaten to.

Felony Assault Charges

Now felonies are more serious business. Here’s some examples:

  • Aggravated Assault – From 2nd to 1st degree felony. Use a weapon or cause serious injury. From 2 years to life in prison.
  • Assault Against Public Servant – 3rd degree felony. For assaulting cops, security, etc. 2-10 years in the pen.
  • Assault with Deadly Weapon – From 2nd to 1st degree felony. Use a deadly weapon. 2 years to life in prison.

So aggravated assault is when you use a weapon or really hurt someone. That makes it a bigger deal. Assaulting police, security or other public servants also ups the ante.
Bottom line, felonies mean hard time in prison if convicted. The more serious the assault, the more years they’ll try to lock you up.

Penalties

Here’s the common penalties:

  • Class C Misdemeanor – Up to $500 fine
  • Class A Misdemeanor – Up to 1 year in jail, $4k fine
  • 3rd Degree Felony – 2-10 years prison, $10k fine
  • 2nd Degree Felony – 2-20 years prison, $10k fine
  • 1st Degree Felony – 5 years to life prison, $10k fine

They don’t play with felony assault charges. You can end up in prison for a long time if found guilty.

Defenses

Now for the good stuff – how do you beat these charges? Your lawyer has options:

  • Self-Defense – Argue the other dude came at you first so you protected yourself.
  • Mistaken Identity – Say they got the wrong guy and it wasn’t you.
  • Lack of Evidence – Make the prosecutor prove their case which they might not be able to.

A solid defense lawyer will look at the evidence, talk to witnesses, and figure out the best defense. Don’t talk to the cops without your lawyer! Invoke your right to remain silent.
So in summary, assault charges ain’t no joke in Texas. The more serious, the more time you can get. Felonies can really ruin your life. But a good lawyer might get the charges dropped or find problems with the prosecutor’s case. Call up a defense attorney ASAP if you’re charged with assault in TX. They’ll fight for you in court. A’ight, stay outta trouble y’all!

References

Here are some references I used for this article:

[1] Texas Assault and Battery Laws – Overview of assault charges and penalties in Texas.

[2] Texas Family Violence Assault – Details on enhanced charges for family violence assault.

[3] Aggravated Assault Defenses in Texas – Discusses defenses against aggravated assault charges.

[4] Texas Assault Laws – Breaks down simple vs aggravated assault in Texas.

[5] Texas Deadly Conduct vs Assault – Compares assault and deadly conduct charges.

[6] Texas Assault Laws – Penal Code – Official assault statutes from the Texas Penal Code.

 

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