Assaultive offenses generally include assault, battery, domestic (or family) violence, aggravated assault, and homicide. If you are charged or arrested for one of these crimes you need to consult with a criminal defense attorney as soon as possible. The lawyers at Gunter and Bennett well versed in assaultive offenses. Please note that the criminal laws in Texas involve a separate process when a juvenile is charged with a crime.
Misdemeanor Assault Defense
In Texas, Assault can be a Class C Misdemeanor, Class A Misdemeanor, or a Felony. The Class C Misdemeanor is sometimes referred to as “Simple Assault.” You can be charged with simple assault if you “cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.” A regular Class A Assault is where a person “causes bodily injury to another.” In Texas, “bodily injury” means pain. For example, if someone pushes you, but it did not hurt, they may be charged with simple assault. If they push you and it hurts (even if there is no visible injury) they may be charged with a Class A misdemeanor assault.
Punishment for Assault
The Class C Misdemeanor offense of simple assault is punishable by a fine only up to $500. It is possible to be charged with a simple assault involving domestic violence. A Class A Misdemeanor is punishable up to one year in county jail and a $4,000 fine. Aggravated Assault or an enhanced domestic violence assault is a second degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine.
If your case is dismissed it is probably eligible to be expunged. We always encourage our clients to pursue an expunction if they are eligible. An expunction allows you to legally deny that you were ever charged or arrested for a crime. It is a very worthwhile procedure and one that we can help you with.