When is assault a felony in texas

The Texas Penal Code defines simple assault three ways , two of which require little to no physical contact. That means not only can you be charged for punching, kicking or choking someone during a fight, but if you tell someone you are going to beat them up, and that person has a reasonable fear that you are able and about to do it, you can be charged with assault.

Simply poking someone in the chest with your finger can be considered assault. Surprised about that? The police may arrest you on assault charges after an argument if they are called by neighbors, or just happen to be nearby.

In many cases, the police may arrest you with very little evidence if they feel you are being belligerent or difficult. While rare, a Class B misdemeanor assault in Texas is defined as a non-sports actor threatening a sports player with bodily harm or causing offensive contact to a sports participant.

Jail time is not an option. Class C assault includes either threatening someone with bodily harm or making offensive contact toward someone. Along with the punishments listed above, individuals charged with misdemeanor assault charges also face collateral consequences.

For example, a person convicted of ABI-FM will lose their right to carry a firearm after being convicted. There are numerous defenses that can be raised in an assault case, including self-defense, defense of others, defense of property , duress, and necessity.

Hopefully not. While jail time is a possibility if you have been charged with anything other than a Class C misdemeanor, the goal would be to avoid jail time for a first-time assault. An experienced defense attorney will develop a strategy that would hopefully result in a dismissal, probation, deferred adjudication probation or a diversion program. In Texas, the law permits two individuals to engage in mutual combat. Under Texas Penal Code section Therefore, if two people are in a fistfight that did not cause serious bodily injury, and if there was reasonable consent based on words or body language, a mutual combat defense could be used.

However, if serious bodily injury occurred or the combat was unprovoked, it likely will not hold up as mutual combat. For example, pushing someone out of the way in a crowd so that you can get through, without intending to injure the person, could be an assault if the person falls and is injured. Assault by provocative or offensive contact refers to an act that does not cause physical injury or pain but is upsetting or causes the victim to feel violated.

This type of assault can include poking someone in the chest during an argument, "getting in someone's space," or brushing up against a person in a sexually suggestive manner. Penalties for assault can result in a misdemeanor or felony conviction. The penalty will depend on the level of harm inflicted, the victim, and the defendant's criminal history. For either penalty level, a person can face time behind bars or on probation , fines, and restitution payments.

Simple assault involving offensive contact or threats of physical harm is normally a Class C misdemeanor but increases to a Class A misdemeanor if the victim is elderly or disabled. The offense is a Class B misdemeanor if the offender assaults a sports official or participant during the event or in retaliation for their role.

Assault resulting in bodily injury to the victim is a Class A misdemeanor, except as noted below in the section on "Felony Penalties. The penalty for assault resulting in bodily injury increases from a Class A misdemeanor to a third-degree felony if the offender knows the victim is working in their capacity as:. A person also commits a third-degree felony by causing bodily injury to a pregnant victim or by committing repeat acts of family violence or domestic assault.

Second-degree felony penalties apply when a person assaults and causes injury to a police officer or judge in response to their official duties. This felony carries two to 20 years in prison.

As part of a misdemeanor or felony conviction, judges can order a defendant to compensate the victim by paying restitution. Restitution involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment, counseling, or repairs to damaged property. This offense is closely related to the offense of Terroristic Threat , but there are many more ways in which you can be charged with Terroristic Threat.

In addition, Assault by Threat requires a specific intent to harm, and the harm must be imminent. Notwithstanding Subsection b 2 , an offense under Subsection a 1 is a felony of the second degree if:.

A while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or. Clear Your Criminal Record Arrested? What does reckless mean according to the Texas Penal Code?

How can an Assault charge be enhanced? How much jail time can I get for Assault? Understanding your defense options for an Assault charge How is my best defense to an Assault charge? Arrested or Charged With a Crime? Get a Case Review Today.