Dallas Assault Lawyer

How Is Assault Defined in Texas?

Assault is a broad category in law that could be applicable for a wide range of violent and non-violent acts. Many people who are facing assault charges were involved in minor non-violent altercations. Texas law vaguely defines assault and does not require physical contact, meaning that these charges could occur as a result of verbal or non-verbal words and behaviors that another individual perceives as a violent threat.

For example, mimicking the act of physical assault, such as pretending to hit, smack, kick, etc., could also be perceived as threatening behavior and grounds for an assault charge.

Generally, assault is defined as causing intentional harm or offensive contact to another person.

By legal definition, an individual could be charged with assault if they are accused of committing one of the following acts:

• Intentionally or Recklessly Causing Physical Harm to Another Individual
• Threatening to Harm Another Individual
• Performing Any Act of Physical Contact That Is Knowingly Offensive

For example, throwing a punch and missing the alleged victim is still considered assault under Texas law.

Common types of Assault include:

• Simple assault
• Verbal assault
• Aggravated assault
• Assault and family violence
• Assault with a deadly weapon
• Sexual assault

There does not need to be physical injuries and/or proof that the alleged act occurred for an individual to be convicted on an assault charge. The likelihood of a conviction significantly increases if the defendant neglects to hire an excellent, qualified assault charge lawyer.

Other examples of Assault include:

• Attempting to spit on an Individual
• Shoving
• Smacking
• Punching
• Kicking

Intentionally committing a non-related act that results in another person being harmed is also considered assault. For example, an individual could be charged with assault for intentionally throwing an item and accidentally striking another person causing harm. Although, they did not intentionally hit the other person, they did intentionally throw the item that caused the harm.

The prosecution will use these vague definitions of assault to their advantage and push for enhanced charges that carry maximum penalties. The prosecution could utilize numerous circumstantial factors that allow for a simple assault charge to quickly escalate to felony allegations. Any violent criminal conviction, including felony assault could result in excessive damage to your family, reputation, and future.

For example, the criminal charges and penalties would be significantly higher in a case in which if a weapon was used during the alleged assault.

Enhanced Assault charges may result when the victim is:

• A child
• The elderly
• A disabled person
• A pregnant woman
• A spouse
• Social Services
• Law enforcement

Abandoning and/or endangering a child is also a form of assault. An individual could face child abandonment charges for something as simple as leaving a child alone in a vehicle.

Assault charges can be tried as a federal offense, depending on the circumstances, severity, and number of charges that the defendant faces. It is also common for defendants to face several types, degrees, and counts of assault within a single case.

When to Contact an Aggravated Assault Lawyer

Aggravated assault is the most serious form of an elevated assault charge and you will need a top aggravated assault lawyer if you are charged with this crime.  Any crime that falls within the category of aggravated assault is charged at a minimum of a 2^nd degree felony.

Aggravated assault can easily be enhanced to a 1^st degree felony offense depending on the severity of injuries the defendant’s relationship with the victim.  It can get complicated–so contact the assault defense lawyers at Gallian Firm to receive more information about the specifics of your case.

Texas Defines Aggravated Assault as:

• Assault that causes serious bodily injury to another, including the person’s spouse. or 
• Use or exhibit of a deadly weapon during the commission of an assault.

Simply using a weapon to invoke fear during an assault raises the act to an aggravated charge. This is true regardless of if the weapon was used to harm the alleged victim.

The definition of serious bodily injury is vague and at the discretion of the judge and jury. Generally, serious bodily injury involves any injury that requires immediate medical attention, hospital stay, and may require extensive recovery time.   An aggravated assault lawyer is essential if your actions have led to a high degree of bodily harm to the victim. 

Examples Of Serious Bodily Injury Include:

• Permanent injury
• Disfigurement
• Damage to internal organs
• Mental impairments
• Substantial risk of death

An assault on a police office or public servant is an automatic aggravated offense and charged as a felony.  This requires the defendant to knowingly commit an assault against an officer or other government worker, including EMS, social services, correctional facility staff, etc.

Penalties for Assault Charges Charges

The penalties for an assault conviction will depend on several circumstances that are unique to your case, including the title of alleged victim, severity of injuries, and additional current and past criminal charges.

Any assault that involves drugs, weapons, or is committed against a vulnerable individual is likely to face a higher severity of penalties.

3rd Degree Felony

Threats or physical assault on government workers, including EMS and security guards, is generally charged as a 3^rddegree felony.

An individual could face sentencing of up to 10 years in prison if convicted on 3^rd degree felony charges. 

2nd Degree Felony

2^nd degree felony assault could apply in numerous cases, including acts that resulted in serious injury, assaults against vulnerable persons, or an assault on a police officer.

Convictions of 2^nd degree felony assault could face up to 20 years in prison and a $10,000 fine.

1st Degree Felony

A conviction of 1^st degree felony is the most serious assault charge that an individual could face in Texas. This may be applicable in cases of repeat domestic violence, strangulation, sexual assaults, and other aggravated cases.

Any assault that results in severe physical and/or emotional trauma to the alleged victim is likely to be charged as a 1^st degree aggravated assault.

A 1^st degree felony conviction carries penalties ranging from 20 years to life in prison and a $10,000 fine.

Additional Penalties

Assault is considered a violent crime and there are additional penalties that extend beyond mandatory prison sentences and fines.

A conviction for assault could have devastating effects on your family unit, including marital and child custody issues.

As an assault lawyer will communicate to you, these charges would also have a significant impact on your professional and personal reputation.  The impact of these charges could potentially destroy your current and future housing, employment, and educational opportunities.

Gallian Firm has successfully helped hundreds of clients in Dallas and throughout the State of Texas beat serious assault charges. Assault lawyer Gregg Gallian is a former prosecuting attorney and is experienced in handling all types and severities of assault cases. He and his team will work aggressively and relentlessly to clear your name and reputation.

Call Our Dallas Assault Defense Attorneys Today

Do not let the prosecution convict you of a violent crime. The right assault defense attorney can stop the prosecution from enhancing assault charges to the felony level.  Reach out immediately if you are facing allegations of assault in Dallas, Texas or surrounding areas. Award-winning assault lawyers Gallian Firm will assess the unique circumstances and factors in your case to determine the best route of defense.

This will depend on testimonies, evidence, and other elements that are available for legal professionals to access before the trial date. Gallian Firm has successfully helped hundreds of clients in Dallas and throughout the State of Texas beat serious assault charges. 

Gallian Firm features former prosecuting attorneys who are experienced in handling all types and severities of assault cases. The Gallian legal team will work aggressively and relentlessly to clear your name and reputation.