Bedford Assault Lawyer

Assault Defined

The charge of assault in Texas is a blanket charge that is employed in cases involving traditional battery and assault. The State of Texas defines assault in the following ways:

• Intentionally, knowingly, or recklessly causing someone else to suffer bodily injury
• Intentionally or knowingly threatening someone else with imminent bodily injury
• Intentionally or knowingly causing contact with someone else that hasn’t been consented to, is offensive to them, or is provocative

The charge of assault can apply to literally anyone, including all the following:

• A complete stranger
• A romantic partner
• A friend
• A family member

While assault charges are generally brought as misdemeanors, this is by no means always the case. Examples of assault charges that are felonies include:

• Aggravated assault
• Domestic violence
• Sexual assault
• Terroristic threats

The Element of Bodily Injury

The element of causing bodily injury in an assault charge refers to causing the other person to experience physical pain. In other words, the person who claims they were assaulted may not even have a visible injury. Instead, they need only testify that they experienced physical pain as a result of the contact, which may leave no mark. In reality, having nothing to show for their claim of having suffered pain can make bringing a successful assault charge far more difficult.

The Threat of Bodily Injury

Assault by threat doesn’t even require that pain be inflicted, and such cases often come down to the word of the person who alleges assault. One of the more common examples of assault charges related to the threat of bodily injury is the charge of aggravated assault – deadly weapon by threat. This refers to an alleged act in which the threat is so credible that the other person has the reasonable belief they will suffer serious bodily injury or death.

While you don’t have to come in physical contact with the other person for the charge of assault to be used, simply getting into an argument with someone else won’t suffice. However, if you have a gun nearby when the argument takes place, and you grab that gun, the person you’re arguing with could claim that your action caused them to fear an imminent injury.

In other words, it’s not the threatening words or actions that constitute the threat of injury in an assault charge but is, instead, the imminent danger – or the likelihood that the person doing the threatening will follow through on the threat. This is what pushes the threat of bodily injury into assault territory.

The Offensive Contact

Offensive contact assault refers to touching someone else in an offensive manner, either intentionally or knowingly, and without the other person’s consent. Even a very brief touch, such as a shove, qualifies, but the touch can also be much longer, such as grabbing someone else’s arm. Generally, the manner of the touch and how severe it is dictates whether the action crosses the line into the arena of offensive or assaultive.

The bottom line is that it doesn’t take much for an assault charge to be levied – especially in the heat of the moment – but the consequences of being charged can have lasting repercussions. Working with an accomplished assault attorney is always to your advantage.

Assault Charges and Corresponding Penalties

Assault charges can range from a Class C misdemeanor all the way to a first-degree felony, and the fines and penalties range accordingly. How serious the assault is and the relationship between the person charged and the victim both play a role in how the assault is charged. Consider all the following:

• Class C misdemeanor – Class C misdemeanor charges generally apply to threats of bodily injury and offensive or provocative conduct, and a conviction can lead to fines of up to $500.
• Class B misdemeanor – Class B misdemeanor charges generally apply to assault against a sports participant, and a conviction can lead to fines of up to $2,000 and up to 180 days in jail.
• Class A misdemeanor – Class A misdemeanor charges generally apply to assault when there are no aggravating circumstances involved, and a conviction can lead to fines of up to $4,000 and up to 1 year in jail.
• Third-degree felony – Third-degree felony charges generally apply to repeat domestic violence or domestic violence involving choking, child abandonment, assault against a police officer, terroristic threats, discharging a firearm, or harassment of public servants, and a conviction can lead to fines of up to $10,000 and from 2 to 10 years in prison.
• Second-degree felony – Second-degree felony charges generally apply to aggravated assault, sexual assault, reckless child abuse, and tampering with products, and a conviction can lead to fines of up to $10,000 and from 2 to 20 years in prison.
• First-degree felony – First-degree felony charges generally apply to aggravated sexual assault, aggravated assault with a weapon, and drive-by shootings, and a conviction can lead to fines of up to $10,000 and from 5 years to life in prison.

The penalties you can face for an assault charge are serious and should be taken seriously.

Bringing Your Strongest Defense

If you’re facing an assault charge, it may feel like you have nowhere to turn, but the truth is that you have legal rights that are well worth defending to the fullest extent possible. Not every assault charge means spending a long stretch in jail before the matter ever sees a courtroom. In fact, bringing your strongest defense is the best strategy, and having a plausible defense that is supported by the evidence can keep you out of jail.

Having a better understanding of the defenses that are often at the heart of assault cases can help you obtain a clearer understanding of the charge made against you. There are also instances in which assault charges are reduced to lesser charges in response to well-considered defenses. In the end, just because you’re charged with assault does not make you guilty of the offense, and taking a proactive approach that includes reaching out for our skilled legal guidance at the Fulgham Law Firm is always to your advantage.

The Other Person Consented

If the person who is accusing you of assault consented in the first place, the charge of assault does not apply. For example, if you and a friend were practicing your WWE moves together, and they were bruised and banged up in the process, it doesn’t qualify as assault because you both consented to the roughhousing.

When the other person involved does not consent to the action in question – whatever it is – intentionally proceeding without the needed consent can lead to an assault charge. A prime example is touching someone else sexually when they have made it all too clear that they do not consent.

You Were Defending Yourself

You have the right to defend yourself if you’re being assaulted, and this includes being subjected to physical pain as a result of the other person’s actions, fearing serious bodily injury or death as a result of the other person’s threats, or being offended by the other person’s provocations. If you use reasonable force as a means of protecting yourself in the face of any such actions, it’s self-defense, and it’s well within your rights.

Ultimately, your rights extend to using the level of force necessary to stop your attacker – but do not go beyond this point. If you use more force than is necessary against your attacker, an assault charge can apply. If you acted in self-defense and claim self-defense, it is the prosecutor’s burden to prove beyond a reasonable doubt that you did not, which can be difficult to do when the facts are stacked against them.

Self-defense is a strong defense, but it’s also complex. Having professional legal counsel in your corner is advised.

You Were Defending Someone Else

You also have the right to help defend someone else from being harmed. Consider a couple of examples. If you head into a dark alley with your friend who is buying weed and his dealer pulls out a gun after demanding more money, engaging in a fight with the drug dealer doesn’t qualify as self-defense because you knew upfront that you were taking on considerable risk by venturing into the dark alley.

If, on the other hand, you see your friend being roughed up one day when you come upon them and get involved in order to help protect them, your actions may fall into the category of defense of others. Justifiable self-defense, which can apply to defending yourself or someone else, applies when the actions you take in defense are justified.

FAQ

If you’re facing an assault charge, the answers to the questions that other people in your situation ask most frequently can help.

I’ve been charged with assault. What should I do?

First things first – the most important move you can make at this point is to consult with an experienced assault lawyer. Further, after letting the police know that you want an attorney, it’s time to invoke your right to remain silent – and then to practice what you preach by not speaking.

It’s just a misdemeanor – do I really need an attorney?

The fact is that a misdemeanor can lead to serious consequences that can derail your future. In addition to jail time and fines, a conviction is a matter of public record and can have all the following negative effects:

• It can make it hard to get a job.
• It can interfere with your professional licensure.
• It means you’re not eligible for a federal student loan.
• It can make it difficult to rent an apartment or to get a home loan.

Never underestimate the consequences of a misdemeanor charge.

It’s just a fine. Shouldn’t I just pay it?

If you’re charged with a misdemeanor, and all you’re facing is a fine, paying that fine translates to admitting guilt, which makes defending your rights a much better option.

Reach Out to an Experienced Bedford Assault Attorney Today

When you work with the Fulgham Law Firm, you have a team of former prosecutors on your side, which allows insight into the prosecutor’s perspective and can afford you a serious advantage. To schedule a free consultation and learn more, give us a call at 817-877-3030 or contact us online today.