Criminal Assault

If you have been charged with a class “A” or “B” misdemeanor assault, it is nothing
to take lightly. A class “B” misdemeanor has a punishment range of up to 180 days
in jail and/or a fine not to exceed $2000, and a class “A” misdemeanor has a
punishment range of up to one year in jail and/or a fine not to exceed $4000. A
class “A” or “B” misdemeanor can be categorized with the following charges:

  • Assault Bodily Injury
  • Assault by Contact Against an Elderly or Disabled Individual
  • Assault by Contact on a Sports Participant
  • Assault Bodily Injury of a Family Member

If you have been accused of one of these crimes, it is imperative that you hire an
experienced criminal defense attorney immediately.
Call the skilled and experienced assault attorneys at Davidson Law at 817-717-6911.
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the
person’s spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the
person’s spouse; or

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the
offense is:

(2) a Class B misdemeanor if the offense is committed by a person who is not a sports
participant against a person the actor knows is a sports participant either:
(A) while the participant is performing duties or responsibilities in the participant’s
capacity as a sports participant; or
(B) in retaliation for or on account of the participant’s performance of a duty or
responsibility within the participant’s capacity as a sports participant.

(4) “Sports participant” means a person who participates in any official capacity with
respect to an interscholastic, intercollegiate, or other organized amateur or professional
athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor,
administrator, or staff member.
(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that
the offense is:
1) a Class A misdemeanor if the offense is committed under Subsection (a)(3)
against an elderly individual or disabled individual, as those terms are defined by
Section 22.04

Do NOT Take an Assault Citation lightly!

An assault ticket, also known as assault by contact or simple assault, is a class C misdemeanor and isadjudicated in a municipal or justice of the peace court. One is charged with class c assault if he or she is accused of intentionally or knowingly causing physical contact with another person when he or she knows or should reasonably believe that the other person will regard the contact as offensive or provocative. This type of offense often occurs as the result of a domestic disturbance, bar fight, or self-defense when provoked in a home invasion or public disorderly conduct situation.

It is a mistake to think that an assault citation is not a serious offense simply because it is the same classification as a traffic ticket; even a simple assault conviction on your record can result in serious consequences for the rest of your life. The police or court officials may try to convince you to plead no contest and simply pay the fine, but this would be a dire mistake that will follow you forever.

If you have an assault charge on your criminal record, even a simple assault, it will be difficult for you to get or keep a job as most employers do criminal background checks on new employees as well as background checks on existing employees. In this day and age, most people who are deemed to have a “history of violence” are not employable. Also, the police and prosecutors may use even a class c assault conviction to “enhance” a later charge to make it a much higher class and much more serious offense.

If you are accused of assault on family member, even if it is just a class c assault, then you face even more severe consequences including losing the right to own or possess a firearm, immigration issues for non-citizens, and difficulty obtaining state-issued licenses. One important fact to note is that Texas state law has a comprehensive list of relationships that are considered “family members” in the context of assault charges, even relationships that are not traditionally considered family members.

You do not want to take even a “simple assault” charge lightly. The consequences are too great for you to treat this charge like a mere “ticket” and just pay it or to try and fight it on your own. An experienced criminal defense attorney may be able to get your case dismissed, negotiate a deal that would result in a dismissal and would make your case eligible for expunction, or represent you in a jury trial if necessary.

Call the experienced criminal defense attorneys at Davidson Law today for assistance with an assault

citation at 817-717-6911.

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(3) intentionally or knowingly causes physical contact with another

when the person knows or should reasonably believe that the other will

regard the contact as offensive or provocative.

Simply because you have been accused of assault does not mean that you are guilty

by law. There are many defenses that could lead to a dismissal or a finding of not

guilty in your assault case. Some of these defenses are listed below:

  • Self-defense
  • Defense of others
  • Defense of property
  • Necessity
  • Duress

Call a skilled and experienced criminal defense attorney at Davidson Law

immediately to find out whether the facts of your case qualify for a legal defense to

assault. 817-717-6911.

Who is considered a “Family Member” for purposes of a “Family Violence” charge?

If you are being charge with an Assault against a Family Member, you might be surprised to find out who Texas Law considers as a “Family Member”. Texas Law considers the following classifications of individuals as a “Family Member”:

  • A blood relative to the alleged assailant (in most circumstances)
  • An individual in a dating relationship with the alleged assailant
  • An individual in a marriage relationship with the alleged assailant
  • A former spouse, under certain circumstances
  • A step child
  • A foster child
  • A roommate OR  person living in the same dwelling as the alleged assailant

“Family Member” for the purposes of an Assault Family Violence charge is defined in Texas Family Code § 71.0021, 71.003 and 71.005.

Felony Assault charges are a big deal and should be treated as such. A Felony Assault conviction WILL change the rest of your life. If you are facing a Felony Assault charge, you could be facing the following punishments, depending on the degree of felony:

First Degree Felony [Tex. Penal Code §12.32]

 

  • Imprisonment in the institutional division for life, OR
  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

[Tex. Penal Code §12.33]

 

  • Imprisonment in the institutional division for not more than 20years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed$10,000

Third Degree Felony

[Tex. Penal Code §12.34]

 

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

State Jail Felony

[Tex. Penal Code §12.35 (a), (b)]

 

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Considering the range of punishment associated with a Felony Assault charge, you can see the need for skilled and experienced Assault Attorney. Choosing the right Assault Attorney can have a dramatic impact on the outcome of your case. You need an Assault Attorney who knows the system and how to fight to have your case dismissed or reduced pre-indicted, pre-trial or at trial.

The Assault Attorneys at Davidson Law have dedicated their practice to fighting for rights of those accused of a crime and have the skill and experience to provide you the best possible defense. The Assault Attorneys at Davidson Law are prepared to defend you from the following Felony Assault Charges:

  • Assault Causing Bodily Injury
  • Assault by Strangulation
  • Assault Against a Family Member
  • Assault Against Emergency Personnel
  • Assault on a Security Officer
  • Assault on a Public Servant
  • Assault with Previous Conviction
  • Assault by Contact
  • Attempted Aggravated Causing Serious Bodily Injury
  • Aggravated Assault Causing Serious Bodily Injury
  • Aggravated Assault
  • Aggravated Assault Against a Public Servant
  • Aggravated Assault Against a Security Officer
  • Aggravated Assault by a Public Servant
  • Aggravated Assault Causing Serious Bodily Injury
  • Aggravated Assault with a Deadly Weapon

If you are being charged with a Felony Assault offense, call the experienced Assault Attorneys at Davidson Law today!

(817) 717-6911

Below is the Texas Penal Code Section on Assault Offenses.

TEXAS PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 22. ASSAULTIVE OFFENSES

Sec. 22.01. ASSAULT. 

(a)  A person commits an offense if the person:

(1)  intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; 

(2)  intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;  or

(3)  intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b)  An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1)  a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2)  a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:

(A)  it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or

(B)  the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth;

(3)  a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:

(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

(B)  in retaliation for or on account of the person’s or employee’s performance of a service within the scope of the contract;

(4)  a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

(5)  a person the actor knows is emergency services personnel while the person is providing emergency services.

(b-1)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if:

(1)  the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(2)  it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and

(3)  the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

(c)  An offense under Subsection (a)(2) or (3) is a    Class C misdemeanor, except that the offense is:

(1)  a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04;  or

(2)  a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:

(A)  while the participant is performing duties or responsibilities in the participant’s capacity as a sports participant;  or

(B)  in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.

(d)  For purposes of Subsection (b), the actor is    servant, a security officer, or emergency    services personnel if the person was wearing a    distinctive uniform or badge indicating the    person’s employment as a public servant or status      as a security officer or emergency services   personnel.

(e)  In this section:

(1)  “Emergency services personnel” includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room  personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

(3)  “Security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

(4)  “Sports participant” means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.

  (f)  For the purposes of Subsections (b)(2)(A) and (b-   1)(2):

(1)  a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and

(2)  a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed.

  (g)  If conduct constituting an offense under this   section also constitutes an offense under another       section of this code, the actor may be prosecuted      under either section or both sections.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm

What is Assault by Strangulation?

The law defines Assault by Strangulation as an enhanced or aggravated assault against a “Family Member” that is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

What are the types of Strangulation?

There are three recognized types of strangulation: ligature strangulation, manual strangulation and hanging strangulation.

Ligature strangulation is considered as the use of an object such as a piece of rope, chain, clothing, phone cord or other material to strangle another person.

Manual strangulation is considered the use of one’s body parts as a weapon, such as hands or arms, to strangle another person. Manual strangulation can also be accomplised by placing the neck of the victim in the crook of an arm or leg, or by placing a foot or other body part onto the victim’s neck or throat.

Hanging strangulation is defined as the suspension of a victim by a cord or rope wrapped around the victim’s neck.

If you are being charged with Assault by Strangulation, call the experienced Assault Attorneys at Davidson Law today!

(817) 717-6911

The Texas Penal Code defines “bodily injury” as physical pain, illness, or any impairment of physical condition. Some examples of injuries that rise to a charge of assault bodily injury are bruises, scrapes, rug burns, and cuts. Even a slight or nonvisible injury can rise to the level of assault bodily injury if the alleged victim claims that they are hurt or feel pain.

The State will file charges against for assault bodily injury if the alleged victim can claim even the slightest of injuries. Call Davidson Law immediately so that the attorneys can begin to work on your defense for assault bodily injury today. 817- 717-6911.