Fort Worth Assault Attorneys
Assault Laws & Penalties in Texas
An assault conviction becomes part of your permanent criminal record. If you are convicted of an additional crime in the future, this conviction is factored into how the court determines your sentencing and you may be presented with a harsher sentence.
If you are a victim of assault, you will want to ensure your physical safety moving forward and may need to obtain a protective order. Contact the Crime Victims Hotline at Freephone 116 006 as well as an experienced attorney.
Texas Law’s Definition of Assault
Texas law defines assault by three different kinds of actions. These actions are:
- “Intentionally, knowingly, or recklessly” causing physical harm or injuries
- Threatening another individual with physical harm
- Offensive or inappropriate physical contact
Types of Assault and the Penalties You May Face in Texas
There are six different types of assault recognized by the state of Texas. They are as follows:
- Class C Misdemeanor Assault
This is the lowest level of criminal offense in Texas. This type of assault is also referred to as “assault by threat” or “assault by offensive contact.” You can be charged for this offense if you physically touch someone in an offensive or provocative way or even if you intentionally or knowingly threaten to harm someone without doing so.
You will face a fine of up to $500 for this offense.
- Class B Misdemeanor Assault
This charge only happens in the context of a sports game. If an individual causes a sports referee or player physical harm or threatens harm, he/she can be charged with a Class B misdemeanor assault. This charge can result in a fine of up to $2,000 and confinement in jail for up to 6 months.
- Class A Misdemeanor Assault
Class A misdemeanors are considered some of the most serious offenses. This kind of assault occurs when you physically harm another person. It can escalate to a third-degree felony if the harm was committed against a police officer, family member, first responder, or government official. The punishment for this type of an offense is up to one year in jail and up to a $4,000 fine.
An assault becomes a felony when the individual attacked is a:
- Public servant
- Family member
- Government contractor for Family Services
- Emergency first responder or another medical professional
- Security professional
- Third-Degree Felony Assault
The punishment for a felony is much more severe than a misdemeanor. You could face up to 10 years in prison and up to $10,000 in fines.
- Second-Degree Felony Assault
This charge is used for assault with a deadly weapon or assault that caused an individual serious bodily harm. This type of assault carries a penalty of up to 20 years of time in jail and up to $10,000 in fines.
- First-Degree Felony Assault
This is the most severe assault charge. Examples include attempted capital felonies like murder, arson causing death, aggravated robbery, felonies using a deadly weapon, and sexual assault. The penalties for this type of assault include anywhere between 5 years to life in prison and up to $10,000 in fines.
Sexual Assault in Texas
Texas defines sexual assault as one individual intentionally or knowingly doing the following:
- Penetrating the sexual organ or anus of another individual without that person’s consent
- Penetrating the mouth of another individual using a sexual organ without that person’s consent
- Causing the sexual organ of another person, without consent, to touch or penetrate the mouth, anus, or sexual organ of another person
Without consent refers to one person forcing another person to perform or receive a sexual act using physical force, violence, or coercion. It can also refer to an individual who is unconscious, under the influence of a substance, physically unable to resist this assault due to a mental disease or defect, unaware of the sexual assault, or afraid to deny the act as the individual committing it is in a position of power and influence.
What to Do if You Are a Victim of Sexual Assault
If you are a victim of sexual assault, the first step you should take after someone assaults you is to focus on your safety. Call 911 to notify law enforcement and file a police report if you wish. Contact a hotline, such as the Rape Abuse Incest National Network at 800-656-4673, to gain access to resources and establish a plan with details about how to protect yourself. Hire a lawyer to learn more about obtaining a protective order and potentially filing a lawsuit against your attacker.
What to Do if You Have Been Falsely Accused of Committing Sexual Assault
The ramifications of sexual assault in Texas – especially repeat offenses – are harsh. You could face fines and significant jail time. The first step you should take after being wrongly accused is to contact a lawyer at our firm. We are happy to assist you as you navigate this difficult time.
Book a Consultation with One of Our Fort Worth Assault Lawyers
Assault should not be taken lightly – especially if you were falsely accused. There are long-term consequences for everyone involved in an assault case. If you were falsely accused, you should contact us today to learn how we can defend you.
If you are a victim of assault, we cannot even begin to imagine what you have been through, but we are ready and willing to do everything in our power to make sure your rights are protected.
Reach out online or call us at (817) 497-8148 for a consultation with one of our attorneys. Se Habla Espanol.
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