Criminal cases that allege assault are among the most common that result from arrests in Texas. Even with their frequency, many people do not understand how the law defines assault and what penalties may result from a conviction.
The fact is that Texas law provides many versions of assault, each with their own definitions and potential consequences. Understanding these charges is a key part of developing a powerful defense and avoiding convictions in court. The legal team at the Law Office of Kerrisa Chelkowski works with people like you to explain the concept of assault under the law and works to protect your rights every step of the way.
The Core Concept of Assault under Texas Law
The basic idea of assault under Texas law is simple to understand. In short, it is illegal to cause bodily injury to another person. More specifically, Texas Penal Code §22.01 provides three definitions of assault. These are:
- Intentionally, knowingly, or recklessly causing bodily harm to another,
- Intentionally, knowingly, or recklessly threatening bodily harm to another, and
- Intentionally or knowingly causing physical contact with another that would reasonably provoke a response
As a result, a person commits an assault when they cause harm to another, try to cause harm to another, or have physical contact that would reasonably provoke retaliation. This means that a person may face assault charges even if they never make contact with another person. The Law Office of Kerrisa Chelkowski can provide more information about how Texas defines an assault.
What are the Possible Consequences of an Assault Conviction?
Just as there are multiple definitions of assault under Texas law, a conviction can come with many potential penalties. The factors that determine the severity of a case include the severity of the alleged victim’s injuries, whether the alleged attacker used a weapon, and the identity of the supposed victim.
For example, TX Pen. Code §22.02 says that the display or use of a deadly weapon during an event can result in charges of aggravated assault. Aggravated assault may also result from a simple assault against a specific type of person, like a police officer.
Simple assault cases are always misdemeanors. However, even a class C misdemeanor conviction will create a criminal record and can result in the payment of heavy fines. Simple assaults can also be class A misdemeanors where convictions can result in jail sentences of up to one year.
Aggravated assaults are second-degree felonies. This means that a conviction comes with a mandatory-minimum prison sentence of two years. These same cases can bring maximum prison sentences of 20 years and a fine of up to $10,000. Understanding the differences between the types of assault cases could help people make better decisions about how to prepare defenses in court.
Contact a Lawyer Now to Learn More About Assault Charges in Texas
Assault charges in Texas are always serious matters. Even if a case is only a misdemeanor, a conviction will create a criminal record and could come with a jail sentence. Other examples are felonies where convictions will forever change your life.
The team at the Law Office of Kerrisa Chelkowski is ready to fight for you. We can explain what assault charges are in Texas. We then work to evaluate the prosecutor’s case, listen to your side of the story, and develop a defense that aims to protect your present and future. Reach out to us today to get started.