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.
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:
Based on the circumstances of the encounter, an assault charge can range from a misdemeanor to a felony.
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:
The levels of assault charges classified as a felony from least to most severe are:
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:
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.
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.
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.