Texas Assault Crime Defense: Simple Assault, Aggravated Assault, & Family Violence

Accusations involving assault crimes in Texas are extremely serious, ranging from misdemeanors to severe felonies. Whether you're facing charges of Simple Assault, Aggravated Assault, Assault Family Violence, Terroristic Threat, or Continuous Family Violence, a conviction can lead to significant penalties, a lasting criminal record, and severe repercussions for your personal and professional life. If you have been accused of an assaultive offense in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, securing skilled legal representation immediately is essential.

Larman Law is dedicated to providing strategic defense for individuals accused of assault crimes across North Texas. Understanding the distinctions between these charges and their potential consequences is the first step toward building a strong defense.

Understanding Texas Assault Crimes

Texas Penal Code Chapter 22 defines various assaultive offenses. While they all involve harm or threats to another person, their specific elements and severity differ significantly:

• Assault (Texas Penal Code §22.01):

  • Definition: A person commits assault if they intentionally, knowingly, or recklessly:

    1. Cause bodily injury to another (including a spouse).

    2. Threaten another with imminent bodily injury (including a spouse).

    3. Cause physical contact with another when the person knows or reasonably believes the other will regard the contact as offensive or provocative.

  • Key Distinction: This is the most basic form of assault. "Bodily injury" can be minor (e.g., a bruise or scratch, feeling of pain). No weapon is involved, and it doesn't require serious bodily injury.

  • Punishment Range:

    1. Class C Misdemeanor: If only a threat or offensive contact (fine up to $500, no jail term).

    2. Class A Misdemeanor: If bodily injury is caused (up to 1 year in county jail; up to $4,000 fine).

    3. Note: Can be enhanced to a felony in many instances, such as if the victim is a public servant, security officer, emergency services personnel, or a family member, or if the act impedes breathing/circulation.

• Assault Family Violence (AFV) (Texas Penal Code §22.01):

  • Definition: This is not a separate offense, but an enhancement to a standard assault charge if the alleged victim has a specific relationship with the accused (e.g., family, household member, or dating relationship, as defined by the Texas Family Code). The actual conduct of the assault remains the same as "assault."

  • Key Distinction: The critical factor is the relationship between the individuals, which changes how the case is handled and carries unique consequences (e.g., challenges to bond, protective orders, loss of firearm rights). Even a Class C misdemeanor assault can become an Assault Family Violence case if the relationship exists.

  • Punishment Range:

    1. Class A Misdemeanor (no prior AFV conviction, bodily injury caused): Up to 1 year in county jail; up to $4,000 fine.

    2. Third Degree Felony (with a prior AFV conviction or if the assault involved impeding breath/circulation): 2 to 10 years in prison; up to $10,000 fine.

    3. Note: Further enhancements exist for strangulation/choking, repeat offenders or if serious bodily injury/deadly weapon is involved, escalating to aggravated assault family violence.

• Aggravated Assault (Texas Penal Code §22.02):

  • Definition: An assault becomes "aggravated" if the person:

    1. Causes serious bodily injury to another.

    2. Uses or exhibits a deadly weapon during the commission of the assault.

  • Key Distinction: The presence of "serious bodily injury" (injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ) or a "deadly weapon" (anything used or intended to be used in a way that is capable of causing death or serious bodily injury) elevates the charge significantly.

  • Punishment Range:

    1. Second Degree Felony (Standard): 2 to 20 years in prison; up to $10,000 fine.

    2. First Degree Felony (Enhanced): 5 to 99 years or life in prison; up to $10,000 fine. This applies if the victim is a family member, public servant, security guard, or certain other protected individuals, or if the assault involves strangulation/choking.

• Terroristic Threat (Texas Penal Code §22.07):

  • Definition: A person commits a terroristic threat if they threaten to commit any offense involving violence to any person or property with intent to:

    1. Cause a reaction of any type from police, firefighters, or other emergency agencies.

    2. Place any person in fear of imminent serious bodily injury.

    3. Prevent or interrupt the occupation or use of a building, room, place of assembly, or vehicle.

    4. Cause impairment or interruption of public services.

    5. Place the public or a substantial group of the public in fear of serious bodily injury.

  • Key Distinction: This crime is about the threat itself and the intent behind it, not necessarily the actual commission of violence or physical contact. The threat must be credible and cause the intended fear or reaction.

  • Punishment Range: Varies from Class B Misdemeanor to Third Degree Felony, depending on the specific intent and harm caused. For example, placing a person in fear of imminent serious bodily injury is generally a Class B Misdemeanor.

• Continuous Violence Against the Family (Texas Penal Code §25.11):

  • Definition: This felony offense occurs if, during a period of 12 months or less, a person two or more times engages in conduct that constitutes an assault (causing bodily injury) against another person or persons whose relationship to the defendant is described by the Family Code (i.e., family violence relationships).

  • Key Distinction: This charge is designed to address a pattern of domestic violence. It requires proof of at least two separate bodily injury assaults within a year against the same victim or household.

  • Punishment Range: Third Degree Felony (2 to 10 years in prison; up to $10,000 fine).

Collateral Consequences of Assault Convictions

Beyond criminal penalties, an assault conviction can have severe and lasting collateral consequences:

• Criminal Record: A permanent record that can impact employment, housing, and educational opportunities.

• Firearm Rights: Misdemeanor convictions for Assault Family Violence, or any felony assault conviction, can result in the loss of your right to own or possess firearms under federal and state law.

• Protective Orders: Family violence charges often lead to Emergency Protective Orders or permanent Protective Orders, restricting contact with the alleged victim and potentially impacting child custody.

• Professional Licenses: Doctors, nurses, teachers, and other licensed professionals may face disciplinary action, suspension, or revocation of their licenses.

• Immigration Status: Non-citizens may face deportation or adverse immigration consequences.

Your Defense Against Assault Charges in North Texas

Facing an assault charge is incredibly stressful, but an accusation is not a conviction. Many defenses can be strategically pursued, depending on the specific facts of your case. These may include:

• Self-Defense or Defense of Others: Arguing that you acted reasonably to protect yourself or another from harm.

• Lack of Intent: Proving that your actions were accidental or lacked the necessary criminal intent.

• False Accusations: Challenging the credibility of the accuser and presenting evidence to refute the claims.

• Disputed Bodily Injury/Serious Bodily Injury: Challenging the extent or causation of alleged injuries.

• Constitutional Violations: Alleging violations of your rights during arrest or investigation.

If you are accused of assault in Rockwall County, aggravated assault in Dallas County, assault family violence in Kaufman County, terroristic threat in Collin County, or continuous family violence in Hunt County, you need an attorney who is well-versed in Texas assault laws. Larman Law is committed to meticulously reviewing the evidence, identifying weaknesses in the prosecution's case, and fighting vigorously to protect your rights and future.

Do not hesitate. The sooner you seek legal counsel, the stronger your defense can be. Contact Larman Law today for a confidential consultation.

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Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.