In 2021, there were 307.8 aggravated assault offenses per 100,000 people in Texas. This was a 2.6% increase from 2020.

Whether you have been charged with simple assault or aggravated assault, you need legal representation you can count on. You need the Law Office of David D. White, PLLC.

What is Assault and Battery?

Some jurisdictions have defined assault and battery based on common law. Common law is a body of law created by judges when ruling on cases. 

Other jurisdictions have statutes that define assault and battery. At common law, battery is defined as the use of force against another, resulting in harmful or offensive contact. However, in Texas criminal law, battery does not exist. The accused party would simply receive an assault charge.

According to the Texas Penal Code § 22.01, a person has committed assault if he or she:

• Intentionally, knowingly, or recklessly causes bodily injury to another.  
• Intentionally or knowingly threatens another with imminent bodily injury; or
• Intentionally or knowingly has physical contact with another person that the other person considers to be offensive or provocative

Are There Different Assault Charge Classifications?

Based on the circumstances of the encounter, an assault charge can range from a misdemeanor to a felony. 

Assault as a Misdemeanor

A misdemeanor is considered a less serious crime, usually accompanied by little or no jail time. 

The levels of assault charges classified as a misdemeanor from least to most severe are:

• Class C misdemeanor (assault by threat): a verbal threat with no physical contact. Maximum fine of $500 with no prison time
• Class C misdemeanor (assault by contact): involves physical contact but no bodily harm. Maximum fine of $500 with no prison time
• Class B misdemeanor: an assault committed by a person against a sports participant (players, coaches, umpires, referees, etc.), either when:
• The sports participant is performing their duties in his or her official capacity in the sport; or in retaliation for or on account of the participant’s performance in the sport
• Punishment: maximum fine of $2,000 and 180 days in prison
• Class A misdemeanor: assault against a child, disabled or elderly person.
• Punishment: a maximum fine of $4,000 and one year in prison

Assault as a Felony

The levels of assault charges classified as a felony from least to most severe are:

• Third-Degree Felony: when a person physically harms a public servant, security officer, emergency services personnel (i.e., firefighter), process server, pregnant individual, someone the individual is dating, or a family member.
• Punishment: Fine of up to $10,000 and 2-10 years in prison
• Second-Degree Felony: when a person uses a deadly weapon during the assault, also called “aggravated assault.”
• Punishment: Fine of up to $10,000 and 2-20 years in prison
• First-Degree Felony: when a person commits an aggravated assault against a security officer, criminal witness, public servant, or informant.
• Punishment: Fine of up to $10,000 and a life sentence in prison

What is the Difference Between Simple Assault and Aggravated Assault?

In Texas, a person is considered to have committed simple assault if they have physically injured another person, threatened to injure another person, or made physical contact with another person. In the third scenario, it is required the offender knew (had actual knowledge) or should have known (had constructive knowledge) that the other person would find the touching offensive or provocative.

An assault charge is upgraded to aggravated assault when a person does the following:

• Causes serious bodily injury to another; and
• Uses a deadly weapon during the act.

Depending on the circumstances, an aggravated assault charge is considered either a first-degree or second-degree felony, carrying a maximum fine of $10,000 and prison time. 

How Can a Criminal Defense Attorney Help?

There are certain affirmative defenses that can be used against an assault charge, including self-defense, which can negate an assault charge.

Texas is a “stand your ground” state, which means that you are not required to flee if you are being attacked. While some states require that you “retreat to the wall” before defending yourself, meaning that you back away from your defender, this is not mandated in Texas. 

This is just one of many defenses that may be available to you. A criminal defense attorney will review your case to determine how your actions may have been warranted.

An Austin Criminal Defense Lawyer Fighting for You

Being charged with simple assault or aggravated assault can be distressing. Attorney David D. White has nearly 20 years of experience representing Texan clients. He knows what it takes to build the strongest defense. Contact his office today to schedule your consultation.