Working to Avoid Prison Sentences
Assault is a serious crime. The accused could face years in jail, hefty fines and be charged with a misdemeanor or a more serious felony assault charge. According to Texas Penal Code Section 22.01 assault is when the accused person intentionally causes injury to another or even simply threatens to cause bodily injury.
Understanding What Constitutes Assault
Under the Texas Penal Code, assault can be committed, or at least hold grounds for a charge, in a number of different forms, many of which most would never even consider.
This could include:
- Injury or threats to the person's spouse
- Coming into contact with the other person should the defendant have reason to believe that the contact could be seen as offensive or could reasonably be enough provocation to cause a fight
- Being involved in a bar brawl
- pushing your spouse
- poking someone in the chest in an aggressive manner
The Texas Penal Code 22.01 also states that assault could mean little to no physical contact need be made between you and the victim. If you threaten someone with bodily injury, you could be charged with a similar crime, Terroristic Threat. So before the first punch is thrown, if you tell someone you are going to beat them up, you could be criminally charged. Other types of assault include sexual assault and aggravated assault with a deadly weapon.
Consequences of Being Charged With Assault
Assault can be charged as misdemeanors or felonies depending on the situation. A Class "A" misdemeanor in Texas means that the offense resulted in minor injury to the victim. A Class "A" misdemeanor could result in up to 1 year in jail and carries a fine of $4,000. A Class "C" misdemeanor could involve a $500 fine if you have touched the individual.
Both of these offenses can be determined by prosecutors to become felonies. If it is proven that the prosecutor finds evidence of previous domestic violence charges or if the assault was against a security guard, firefighter or other emergency services volunteer or personnel you could face third-degree felony charges, which carries a 2 to 10 year jail sentence.
Contact a Criminal Lawyer in San Antonio
To protect your rights and freedoms, contacting a San Antonio criminal defense attorney is your best bet. Criminal defense attorneys can help you fight to explore different defenses such as affirmative defense or proving that you had legal reason for the assault, like protecting yourself or someone else from harm.
Contacting the Law Office of Roberto Ambrosino, PLLC and obtaining a free case evaluation can determine what legal actions should be taken to provide you with the most desired outcome.
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