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Your Guide to Types of Assault and Possible Charges

The Law Firm of Andrea M. Kolski

The Lone Star State’s known for having a stricter criminal justice system because the political culture favors the more rigid system that is in place here. In fact, if you are facing an assault charge, it is possible that you have been given an over-the-top punishment.

A criminal defense attorney is going to be your best bet to make sure you are not unfairly punished. At Non Stop Justice, we work to prove your innocence when you were falsely accused of an assault.

Continue reading to learn everything you need to know about getting charged with the different types of assault.

What Is Assault: Simple vs Aggravated?

By definition, simple assault is the act of intentionally, knowingly, and/or recklessly injuring another person. Assault doesn’t always mean that bodily harm was even enacted on the victim. It can simply mean that the victim feared that they would come to harm or get injured after a threat of bodily harm.

You can be charged with assault for making someone uncomfortable. This can even include causing physical contact in a manner that someone may receive as inappropriate. Acts like online solicitation and sexual assault are also included under the umbrella term for assault. Domestic violence is also considered to be a type of assault.

Aggravated assault is also the intentional or reckless injuring of another person. It occurs when serious bodily harm’s caused by the use of a deadly weapon.

These acts of violence may be charged as a misdemeanor or felony depending on the specific circumstances. Aggravated assault is an automatic felony.

What Are the Different Types of Assault Charges?

The Texas Penal Code covers several different acts of violence that constitute assault, including sexual assault, indecent assault, aggravated assault, and aggravated sexual assault. In Texas, assault can also include:

  • Injury to child, elderly, and/or disabled persons
  • Abandoning or endangering a child
  • Deadly conduct
  • Terroristic threats
  • Aiding in suicide
  • Tampering with consumer products
  • Leaving a child alone in a vehicle
  • Harassment within a criminal facility

These assault charges depend on the level of violence used. They’re considered as either a misdemeanor or a felony. In some cases, more than one type of charge can be given.

Class C Misdemeanor

To be a Class C Misdemeanor, the assault will not have resulted in bodily harm or injury. This means that the assault was unsuccessful or the actor threatened intentional bodily harm. This ruling can also refer to the touching of the victim in a way that they conveyed as offensive or provocative. This type of misdemeanor also includes the act of violence or threats towards elderly or disabled people.

The maximum penalty for this type of assault is a $500 fine.

Class B Misdemeanor

The Class B Misdemeanor is reserved for when a non-sports participant injures or harms a sports participant during a game or as a result of retaliation following a sporting event. This includes athletes, referees and umpires, coaches and instructors, and administrative personnel.

The maximum penalty for the Class B Misdemeanor is a $2,000 fine and up to 6 months in prison.

Class A Misdemeanor

The Class A Misdemeanor is the worst of misdemeanor charges. An assault resulting in bodily harm is automatically considered to be a Class A Misdemeanor. If an elderly or disabled person is the victim of a Class A Misdemeanor assault, you can expect to be charged with a Class C Misdemeanor on top of the Class A charge.

The maximum penalty for a Class A Misdemeanor is a $4,000 fine and a one-year prison sentence.

Second-Degree Felony

For the second-degree felony, the victim may be dating, married to, related to, or living with the person who assaulted them. In some cases, the assailant will have injured or threatened to injury a judge or a peace officer while they are on duty.

The maximum penalty for a second-degree felony is between two and twenty years in prison and a $10,000 fine.

First-Degree Felony

A first-degree felony is the worst type of assault charge that can be given. It falls just below a capital offense in overall criminal charges.

First-degree felonies can be pinned on the actor when their assault is on a specific set of people. This includes when the victim is on-duty as a public servant, a government employee (like in a correctional facility), a security officer, or an emergency services provider.

The felony charge may also relate to women who are pregnant. This means that they were pregnant during the assault or the assailant forced them to abort their pregnancy.

Assault is also considered a first-degree felony if the victim is in close relation to the assailant. This may include someone who is dating or married to the assailant, a family member of the assailant, or someone who lives in the same household as the assailant.

It becomes a felony charge when the actor has previously been convicted of this offense or purposely prevented the airflow or blood circulation of the victim via pressure on the throat or the forceful covering of the nose and mouth.

The maximum penalty for a first-degree felony is a life sentence in prison and a fine of $10,000.

Hire a Criminal Defense Attorney Today!

You will need to hire a criminal defense attorney in order to make sure you aren’t being unfairly charged. A criminal defense attorney will be able to defend you and prove your innocence in light of a false accusation. We can help you, regardless of the type of assault that you’re being charged with.

Contact Non Stop Justice today to learn how Andrea M. Kolski can defend you in your assault charges.

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The Woodlands, TX 77381

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