Texas Assault/Aggravated Assault
For Unparalleled Criminal Defense Representation
Attorney Eduardo Canas, the founding partner of Canas & Flores, has more than 30 years of experience representing individuals who are facing all types of assault charges. With a mission to seek justice for his clients, Mr. Canas leaves no stone unturned when it comes to protecting the freedom and rights of his clients. In his many years of practice, Mr. Canas has helped countless clients facing serious charges by mounting the strongest defense case possible. To learn more about Mr. Canas and the Canas & Flores Law Firm in the Northside of Fort Worth, Texas, contact the firm today at 817.332.6060.
Assault/Aggravated Assault in Texas
Texas criminal laws against assault and the more serious crime of aggravated assault are found in Penal Code Title 5, Chapter 22. The definition of criminal assault is “recklessly, knowingly, or intentionally causing bodily injury or threatening imminent bodily injury to another.” In addition, assault includes knowingly or intentionally causing what the actor should understand the victim would consider to be provocative or offensive physical contact (Penal Code Title 5 Section 22.01).
A charge of assault under paragraph 1 of the Texas Penal Code is a Class A misdemeanor, punishable by no more than one year in jail and/or a fine no more than $4,000. Charges pursuant to paragraphs 2 and 3 above constitute Class C offenses unless:
- the victim is elderly or disabled, in which case it is elevated to a Class A misdemeanor; or
- the offender knows the victim is a sports official or athlete taking part in a sporting event at the time of the assault, or the assault is a retaliation for the victim’s performance in such an event, in which case the crime becomes a Class B.
A misdemeanors charged as a Class B can be punished by no more than one hundred eighty days in jail and/or a fine of no more than $2,000. Misdemeanors classified as Class C receive a fine of no more than $500. Under certain circumstance, an assault charge can become elevated to a felony.
The “bodily injury” referred to in the statute refers to any type of harm, even those that are relatively minor such as a bruise, cut, or scrape. It need not even result in any visible injury; just the physical pain caused by a slap or pulling of a victim’s hair will suffice to satisfy the “bodily injury” requirement. “Provocative or offensive contact” refers to an act that is upsetting or causes the victim to feel violated, such as getting in someone’s face during an argument, or drawing blood without the person’s consent.
In Texas, aggravated assault is the crime of
- causing serious bodily injury to another, including the person’s spouse; or
- using or exhibiting a deadly weapon during the commission of an assault.
The “serious bodily injury” aspect of the law requires a more serious type of injury than the one associated with a simple assault charge. It includes injuries such as loss of limb, broken bones, or injuries requiring hospitalization or surgery. An aggravated assault is a second degree felony but can be elevated to a first degree felony in certain circumstances if the crime involves a deadly weapon in a domestic situation; the victim is a public servant, a witness, an informant, or a security officer; or the actor discharges a firearm at a habitation from a motor vehicle. Depending on the degree of the felony, the penalties for aggravated assault range from two to ninety-nine years in prison and up to $10,000 in fines.
Why Call the Law Firm of Canas & Flores?
Assault and aggravated assault charges carry with them very serious consequences. In addition to fines and incarceration, a guilty verdict can affect your ability to vote, obtain or maintain employment or housing, or apply for certain professional licenses. Canas & Flores in Fort Worth, Texas has over 30 years of experience practicing criminal defense law. When your future is at stake, you need the best Texas Assault / Aggravated Assault, Criminal Defense Law Firm you can afford. To learn more about your case, contact The Law Firm of Canas & Flores at our Fort Worth, Texas office today for a free initial consultation at (817) 332-6060 or feel free to fill out our online contact form.