In the state of Texas, assault is a criminal offense. Moreover, it is one that the prosecution takes quite seriously. However, how do you know when something counts as assault?
Someone commits this crime when they recklessly, knowingly, or intentionally cause bodily injury to another individual. Additionally, these charges result from seemingly minor situations, such as a threat of bodily harm. This is especially true when the person threatened is a family member or spouse.
As a Houston assault lawyer, our attorney understands disagreements have the potential to escalate. When they become heated, it’s easy for people to act in ways they never thought possible. So, when these actions result in harm or aggression, they often result in legal action.
Under state law, it’s possible for any threat of a violent attack to qualify as assault. This is true even when it doesn’t involve a dangerous weapon. In other words, you risk assault charges even when there’s no physical contact between you and the other party.
However, these charges most often result from a “bodily injury.” If you face assault charges in the Greater Houston Area, it is crucial to partner with a Houston assault lawyer at Universal Law Group.
According to the criminal law in Texas, it’s possible to qualify as assault in a few other situations.
So, what does this mean for you? In addition to facing assault charges for harming someone in a fight, it’s possible to result from something as minor as a poke to the chest. Moreover, you might simply tell someone you plan to harm them in some way or “beat them up.”
If the other person has a reasonable fear that you intend to do so and have the ability, you might face assault charges. When this happens, you need a Houston assault lawyer to advocate for your rights.
In Texas, a violent crime is an action that involves force or the threat of violence against another individual. As stated above, it may include a deadly weapon, intimidation, or unwanted physical contact. Any believable threat is sufficient to lead to charges in many cases.
However, there are common forms of assault we see prosecuted in Texas. If face any of the below, contact our Houston assault lawyer today to learn more about your rights.
Often, “assault” quickly becomes “aggravated assault” when the situation involves a deadly weapon. Additionally, you face much harsher penalties if convicted.
In 1992, Congress passed an act known as the Federal Anti-Car Theft Act (FACTA). This act made it a federal crime to steal a car with a weapon. Moreover, it applies regardless of whether the weapon injures someone or is used to intimidate them.
According to the State, “serious bodily injury” is a bodily injury that puts a person at substantial risk of death. Alternatively, it might cause permanent disfigurement, death, or loss or impairment of the function of the body or an organ. Typically, the courts determine what constitutes serious bodily injury on a case-by-case basis.
When someone steals from another person and causes them harm, it is possible to face assault charges in addition to robbery charges. If you display a weapon in the process, it elevates to aggravated robbery.
Unfortunately, family violence is a common form of assault in Texas. Any Houston assault lawyer can explain the difference. When the offender and victim share a family or a household, assault becomes domestic violence.
This includes current and former spouses, adults related by blood, people who live together, and those engaged in an intimate or romantic relationship. Depending on the circumstances, these charges are either a misdemeanor or a felony.
Typically, if someone makes offensive or violent contact with another person, they can face assault charges. For first-time offenders, the penalty might be a misdemeanor. However, even a misdemeanor assault charge carries hefty penalties.
When the assault includes choking or some other impediment to the victim’s breathing, it can result in a third-degree felony.
In cases where the offender causes bodily injury, it tends to result in a Class A Misdemeanor. Texas defines “bodily injury” as “pain.” Therefore, any instance of pain from the victim is potential probably cause.
Certain other factors also elevate the charges to a third-degree felony.
If you face charges for assault in Houston, you need the help of a Houston assault lawyer. Legal representation is necessary to protect yourself, your rights, and your future. Whatever the truth may be, even an accusation of assault is a nightmare.
In Texas, there is a broad spectrum of charges that fall under the umbrella of assault. Each category requires extensive, expert knowledge. When you partner with a criminal lawyer in Houston, you have someone to navigate these troubling waters with you.
If you need knowledgeable legal representation, call on the Houston assault lawyer at Universal Law Group. Our legal team works on your behalf as advocates to protect your future.
With experience as a former prosecutor, our Houston criminal lawyer has a wealth of experience. We know how the other side thinks and acts, giving us an advantage as we pursue the best possible outcome of your case. When it comes to defending those who face severe charges, we commit ourselves to be problem solvers and advocates.
Schedule a free case evaluation* today to learn more about your situation.
*Consultation fees may be waived on a case by case basis and at the discretion of the reviewing attorney.