Texas breaks down assault charges into two groups: simple assault and aggravated assault.
Simple assault is when someone intentionally, willingly, or recklessly causes bodily harm or threatens to do so to another person. This means that you don’t necessarily have to make physical contact to be charged with simple assault.
Interestingly, the physical contact doesn’t necessarily have to be violent in order to get charged. For example, simple assault could look like someone inappropriately touching a colleague at work.
If bodily harm is caused, though, then the charge is a Class A misdemeanor. Penalties for this offense could be jail time of up to a year and a maximum $4,000 fine. If you merely threaten bodily injury or physical contact that provokes someone else, then the charge will be downgraded to a Class C misdemeanor. The penalties for this offense are lighter—there’s no mandatory jail time, but there’s still a fine.
Aggravated assault, on the other hand, is a much more serious offense. It’s defined as someone who causes serious bodily harm to another person or someone who brandishes or uses a deadly weapon during an assault. But what does serious bodily harm entail, though? Generally speaking, it means injuries that lead to permanent impairment or loss of an organ or body part.
If the aggravated assault happens under any circumstances related to domestic violence, then the charge could be ramped up to a first-degree felony—the penalty for which is life imprisonment. If the assailant has a criminal history of continuous family violence or any other convictions, then an aggravated assault charge could encompass acts like choking.
When it comes to defending an assault charge, you may feel completely alone—especially if you don’t have the right criminal defense attorney in your corner. Fortunately, Kimbrough Legal is committed to creating practical client-centered solutions that ultimately win people fair sentences. If you’re interested in becoming our next success story, then give us a call today.
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