Assault

How Does Texas Define Assault?

In Texas, assault is defined as knowingly causing physical injury to another person. A person who threatens another person, or who makes physical contact with another in a way that is meant to be offensive can also be charged with assault.

Charges for Assault

All of the actions described in the definition of assault are considered a class A misdemeanor, but these charges can be increased to felony charges under certain circumstances.

Third Degree Felony Charges

You can be charged with a 3^rd-degree felony if:

• You assault a police officer, public servant, or contractor for the government who is acting in their official capacity.
• You assault a security officer or an employee who works in the emergency services field who are working in their official capacities.
• You force a pregnant woman to have an abortion.
• You assault your significant other after a previous conviction of this nature.
• You commit domestic or “family violence” after a previous conviction of this nature.

Aggravated Assault

A charge of aggravated assault occurs if:

• You intentionally cause serious injury to another person
• You brandish or use a deadly weapon during the assault

The charge for this offense is a second-degree felony. It can be increased to a first-degree felony if the person assaulted was:

• The significant other or family member as defined by the statutes.
• A police officer or public servant.
• A contractor of the government working in a professional capacity.
• A security officer working in a professional capacity.
• A person who is acting as a witness or informant against you and the assault was in retaliation for their services.

Punishments for Assault

The normal penalties for misdemeanors or felonies include a fine or jail time. The court can decide if it wants to impose one or the other or both punishments.

For a class A misdemeanor, you are looking at a fine of up to $4,000, jail time of up to one year, or both.

Felony charges are a little steeper. They include:

• Third-degree felony: A fine of up to $10,000 and imprisonment in a state prison facility for a term anywhere from 2 to 10 years.
• Second-degree felony: A fine of up to $10,000 and imprisonment in a state prison facility for a term anywhere from 2 to 20 years.
• First-degree felony: A fine of up to $10,000 and imprisonment in a state prison facility for a term anywhere from 5 to 99 years.

What Is Assault Family Violence?

Texas also has laws against “family violence.” The term is defined to include a member of the family or a member of the household, whether the person is related or not. This means assault against a live-in girlfriend or boyfriend is considered family violence – even though the person isn’t a member of your family, they are a member of your household.

Like assault, family violence is defined as knowingly and willfully committing violence on a member of your family or a member of your household. It is an all-encompassing term that can be used to describe:

• Domestic violence. Domestic violence is fairly synonymous with family violence – it pertains to assault committed against a family member or household member, which is defined to include roommates.
• Dating violence. Dating violence is assault towards a person with whom you have a dating relationship. It does not pertain to self-defense measures. A “dating relationship” generally means two persons have a relationship of an intimate nature for a period of time. When determining the relationship, the court will take into consideration:
  • The length of time the two persons have been in the relationship
  • The nature of their relationship (whether they are friends or have a romantic report)
  • What activities the two persons attended or engaged in together