Assault & Domestic Violence Overview
In Texas, assault can mean anything from threatening to beat someone up to actually doing it. Assault cases range in punishment from fines to prison time.
Domestic violence is one of the most emotionally-charged crimes. Even if the allegations are untrue, you may face serious consequences.
The Value of a Good Attorney
A conviction for any type of crime becomes part of your permanent criminal record. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A conviction for a assault & domestic violence crime – even a misdemeanor – can hurt you when you are looking for a job or applying to rent a house or apartment. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses.
An experienced attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options or represent you at trial. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights.
If you are charged with simple assault, the range of punishment will be determined by what type of misdemeanor or felony is chosen based on the circumstances of the alleged assault.
What You Need To Know About Simple Assault
Simple assault in Texas consists of:
- intentionally, knowingly, or recklessly causing bodily injury to another person
- intentionally or knowingly threatening another person with imminent bodily injury, or
- intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.
A bar fight would likely result in a Class A misdemeanor, while grabbing someone’s butt when you reasonably should have known the victim would find it offensive is a Class C misdemeanor.
If you have been arrested on an aggravated assault charge, you are at risk of going to prison for years, expensive fines and complications that will follow you during probation and beyond.
What You Need To Know About Aggravated Assault
- Aggravated assault is an attempt to cause serious bodily harm to another person intentionally, knowingly or recklessly, with extreme indifference to the value of human life.
- Who you harm, and how you harm them, can make a very serious difference in your charges.
- You can be found guilty of a first degree felony if you intentionally, knowingly or recklessly cause serious harm to officers, agents, or employees of an organization in the prison system while they are performing their duties.
Assaults that are second degree felonies include:
- attempts to intentionally or knowingly injure someone with a deadly weapon;
- an attempt to injure a school employee, such as a teacher or school board member while they are acting in the scope of their employment or because of their relationship to the school;
- attempts to menace those people mentioned above while they are in the course of duty;
If you are charged with harassment, you are facing emotion-filled allegations that could cause you jail time and/or potential fines.
What Defines HarassmentIn Texas, if the prosecution can prove these charges against you, you can be found guilty of harassment:
- Following a person through a public place such as a shopping mall.
- Engaging in repeated actions that serve no legitimate purpose.
- Communicating to another person in a lewd, lascivious, threatening or obscene way. These communications can be anything from emails to text messages, phone calls, voicemail,faxes, online posts or conventional letters.
- Repeated anonymous communications.
- Repeated communications at extremely inconvenient hours.
- Communicating in any other annoying or obscene manner.
Many harassment cases are classified as summary offense charges. These charges may not draw jail time but they are still troublesome because they will give you a record.
For example, if a potential employer runs a record check on you and discovers you have a harassment record, you may find yourself losing out on a good job. Even if the charges are minor, you need an attorney to help you avoid having a record.