Assault

Facing an assault charge is serious and frightening, but you don’t have to face it alone. You need a lawyer in your corner, one you can trust. Fallon knows that many assault charges come out of highly emotional situations and hurt feelings. Let her tell your side of the story.

An assault conviction can have devastating consequences for you long term, making it more difficult to find employment, maintain housing, custody of children, and your freedom.

Fortunately, there are defenses to assault charges. Often, there is little or no physical evidence in cases. Furthermore, the credibility of the accuser can often be challenged. The Texas Penal Code contains justifications and defenses to assault charges. The most common defense available in assault cases is self-defense.

Protect your reputation and your future by calling Fallon LaFleur for a free consultation.

 

Assault Bodily Injury

A person commits a misdemeanor assault when he or she intentionally, knowingly, or recklessly causes bodily injury (pain) to another.

This offense is a Class A misdemeanor and carries a possible punishment of up to one year in the county jail and up to a $4,000 fine.

Assault Family Violence

An assault case may be enhanced to domestic violence when the assault is committed against a person with whom the accused has a dating or familial type relationship.

This offense is also a Class A misdemeanor. Additionally, under federal law, a person convicted of Assault Family Violence in a Texas state court cannot possess a firearm for the rest of his or her life. If a person is charged a second time with Assault Family Violence after having been convicted or placed on probation for the original Class A assault, the offense can be charged as a third degree felony.

Assault by Impeding Breath

An assault under this section becomes a third degree felony if during the offense, one impedes normal breathing or blood circulation by pressing on the person’s throat or by blocking the person’s nose or mouth. This crime carries a possible punishment of 2-10 years in prison and up to a $10,000 fine.

Aggravated Assault

A person commits the offense of Aggravated Assault Causing Serious Bodily Injury if he or she commits an assault that causes "serious bodily injury" which includes:

  • A substantial risk of death or that death

  • Serious permanent disfigurement

  • Protracted loss or impairment of the function of any bodily member or organ

A person commits the offense of Aggravated Assault with a Deadly Weapon if he or she uses or exhibits a deadly weapon during the commission of an assault.

These offenses are typically charged as second degree felonies carrying a possible punishment of 2-20 years in prison and up to a $10,000 fine. These cases may be enhanced to a first degree felony in limited circumstances.

Assault on a Public Servant

A person commits an assault on a public servant when he or she intentionally, knowingly, or recklessly causes bodily injury (pain) to a public servant.

A public servant is someone who works for the government. This category of people generally include police officers, DPS state troopers, sheriff's deputies, prosecutors, judges, and other government employees.